The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . that Williams is not entitled to dismissal of his charges because the two-year limit under section 916.303 . . . Section 916.303(1) mandates dismissal "within a reasonable time" after a determination of incompetency . . .
. . . that it still had jurisdiction to keep him placed in a secure residential facility based on section 916.303 . . . The petitioner's argument is predicated on the language contained in section 916.303(3). . . . Section 916.303 states: (1) The charges against any defendant found to be incompetent to proceed due . . . Upon examining sections 916.303 and 916.105, we find no evidence of retribution or deterrence. . . . and no evidence that section 916.303 criminalizes behavior, section 775.021(1) does not apply. . . .
. . . adjudicated Appellant incompetent to proceed and dismissed his charges without prejudice pursuant to section 916.303 . . .
. . . restorable to competency, prompting Tillman to request dismissal of his charges pursuant to section 916.303 . . . He asserted that section 916.303 required the dismissal of the charges because there was no reasonable . . . with Disabilities (“APD”), and placed in a group home with 24-hour supervision pursuant to section 916.303 . . . Section 916.303(2) states: (2) If the charges are dismissed and if the defendant is considered to lack . . . Section 916.303(3) provides, in pertinent part: (3) If the defendant is considered to need involuntary . . .
. . . review of the denial of 'his second motion to dismiss without prejudice, filed pursuant to section 916.303 . . . He moved to dismiss the charges in both cases based on section 916.303(1), Florida Statutes (2015), which . . . , for that matter, any defendant may seek dismissal of pending criminal charges pursuant to section 916.303 . . .
. . . Henry petitions this Court for certiorari review of the denial of his motion to dismiss under section 916.303 . . . On May 18, 2015, he filed for dismissal of the charges without prejudice under section 916.303(1). . . . would become competent in the foreseeable future and provided an expected timeframe- for competency. § 916.303 . . .
. . . . § 916.303(3) (mandating that admissions to a secure facility, which are not at issue here, “must be . . . Stat. § 916.303(3), contemplates placement in secure facilities under different admission standards. . . .
. . . review in other contexts,” such as secure detention of intellectually disabled persons under section 916.303 . . . judicial review in the context of secure detention of intellectually disabled persons under section 916.303 . . .
. . . amendment changed “mental retardation or autism” to “intellectual disability or autism” in section 916.303 . . . He contends that he is entitled to dismissals pursuant to section 916.303(1), Florida Statutes (2013) . . .
. . . Stat. (2012); § 916.303(1), Fla. Stat. (2012). . . .
. . . . §§ 393.11(2), 916.303(2), the court appoints a committee to examine the person’s intellectual abilities . . . Stat. § 916.303(3). In that context, the secure placement is reviewed annually at a hearing. . . . . § 916.303(3). . . . However, Florida Statutes § 916.303(3) allows the court to place a person in a secure facility, rather . . . Stat. § 916.303(3) with id. § 393.11. . . .
. . . The charges were dismissed without prejudice in April 2006 pursuant to section 916.303(1), Florida Statutes . . . contingent upon the filing and resolution of an involuntary admission petition filed pursuant to sections 916.303 . . .
. . . In September 2008, defense counsel filed a motion to dismiss the criminal charge under section 916.303 . . . granting certiorari review of order denying incompetent defendant’s motion to dismiss filed under § 916.303 . . . incompetent to proceed within a reasonable time after such determination, not to exceed 2 years.” § 916.303 . . . See § 916.303. . . . See, e.g., § 916.303(2) (providing for post-dismissal determinations of whether involuntary services . . .
. . . Section 916.303(1), Florida Statutes, provides for the dismissal of charges against a defendant found . . . The First District has held that section 916.303 creates a substantive right to dismissal. . . . Section 916.303(1), Florida Statutes (2005), provides that “[t]he charges against any defendant found . . .
. . . See § 916.303, Fla. Stat. (2004). . . . See § 916.303(1), Fla. . . . See § 916.303(2)(a)-(b), Fla. . . . Sections 916.303(2)(a) and 916.303(2)(b) were amended and renumbered in 2006. . . . .; § 916.303(2)-(3), Fla. Stat. (2006). . . . are dismissed where the individual’s placement in a secure facility is extended pursuant to section 916.303 . . . the trial court ordered Everette’s involuntary commitment to a secure facility pursuant to section 916.303 . . . In that same chapter law, section 916.303 was created and subsection (1) addressed the dismissal of charges . . . See ch. 98-92, § 27, at 724, Laws of Fla.; § 916.303(1), Fla. Stat. (Supp.1998). . . . .
. . . Section 916.303(1), Florida Statutes (2005), provides that “[t]he charges against any defendant found . . .
. . . dismiss, Petitioner alleges that the criminal charge against him must be dismissed pursuant to section 916.303 . . . The issue before us is whether section 916.303(1) creates a substantive right requiring dismissal of . . . Section 916.303(1), Florida Statutes (2002), conflicts with rule 3.213(a), and it states: The charges . . . Because section 916.303(1) confers a substantive right, it takes precedence over rule 3.213(a). . . . As noted, section 916.303(1) provides that dismissal of criminal charges is without prejudice to the . . .
. . . However, because Everett concerned a statutorily-mandated evaluation under section 916.303(2)(b), Florida . . .
. . . Section 916.145, which has since been renumbered to section 916.303(a), Florida Statutes (2003), required . . . Currently, section 916.303, Florida Statutes (2003), provides that if charges against an incompetent . . . the trial court to involuntarily commit the defendant pursuant to section 393.11, Florida Statutes. § 916.303 . . . trial court held a hearing and determined that it needed to schedule an annual hearing under section 916.303 . . .
. . . court’s decision to deny her motion to dismiss without prejudice, which was filed pursuant to section 916.303 . . .