reglab/housing_qa huggingface dataset:
FL Stat § 916.301 (2021)
2021 Florida Statutes|Title XLVII - Criminal Procedure and Corrections|Chapter 916 - Mentally Ill and Intellectually Disabled Defendants|Part III - Forensic Services for Persons Who Are Intellectually Disabled or Autistic (Ss. 916.301-916.304)|916.301 - Appointment of experts.

916.301 Appointment of experts.—(1) All evaluations ordered by the court under this part must be conducted by qualified experts who have expertise in evaluating persons who have an intellectual disability or autism. The agency shall maintain and provide the courts annually with a list of available professionals who are appropriately licensed and qualified to perform evaluations of defendants alleged to be incompetent to proceed due to intellectual disability or autism. The courts may use professionals from this list when appointing experts and ordering evaluations under this part.(2) If a defendant’s suspected mental condition is intellectual disability or autism, the court shall appoint the following:(a) At least one, or at the request of any party, two experts to evaluate whether the defendant meets the definition of intellectual disability or autism and, if so, whether the defendant is competent to proceed; and(b) A psychologist selected by the agency who is licensed or authorized by law to practice in this state, with experience in evaluating persons suspected of having an intellectual disability or autism, and a social service professional, with experience in working with persons who have an intellectual disability or autism.1. The psychologist shall evaluate whether the defendant meets the definition of intellectual disability or autism and, if so, whether the defendant is incompetent to proceed due to intellectual disability or autism.2. The social service professional shall provide a social and developmental history of the defendant.(3) The experts may examine the defendant in jail, in another appropriate local facility, in a facility of the Department of Corrections, or on an outpatient basis.(4) Experts appointed by the court to evaluate the mental condition of a defendant in a criminal case shall be allowed reasonable fees for services rendered as evaluators and as witnesses, which shall be paid by the court. State employees shall be paid expenses pursuant to s. 112.061. The fees shall be taxed as costs in the case. In order for the experts to be paid for the services rendered, the reports and testimony must explicitly address each of the factors and follow the procedures set out in this chapter and in the Florida Rules of Criminal Procedure.History.—s. 23, ch. 98-92; s. 60, ch. 2005-236; s. 17, ch. 2006-195; s. 17, ch. 2008-244; s. 31, ch. 2013-162.
FL Stat § 916.3012 (2021)
2021 Florida Statutes|Title XLVII - Criminal Procedure and Corrections|Chapter 916 - Mentally Ill and Intellectually Disabled Defendants|Part III - Forensic Services for Persons Who Are Intellectually Disabled or Autistic (Ss. 916.301-916.304)|916.3012 - Mental competence to proceed.

916.3012 Mental competence to proceed.—(1) A defendant whose suspected mental condition is intellectual disability or autism is incompetent to proceed within the meaning of this chapter if the defendant does not have sufficient present ability to consult with the defendant’s lawyer with a reasonable degree of rational understanding or if the defendant has no rational, as well as factual, understanding of the proceedings against the defendant.(2) Experts in intellectual disability or autism appointed pursuant to s. 916.301 shall first consider whether the defendant meets the definition of intellectual disability or autism and, if so, consider the factors related to the issue of whether the defendant meets the criteria for competence to proceed as described in subsection (1).(3) In considering the issue of competence to proceed, an examining expert shall first consider and specifically include in his or her report the defendant’s capacity to:(a) Appreciate the charges or allegations against the defendant.(b) Appreciate the range and nature of possible penalties, if applicable, that may be imposed in the proceedings against the defendant.(c) Understand the adversarial nature of the legal process.(d) Disclose to counsel facts pertinent to the proceedings at issue.(e) Manifest appropriate courtroom behavior.(f) Testify relevantly.In addition, an examining expert shall consider and include in his or her report any other factor deemed relevant by the expert.(4) If the experts find that the defendant is incompetent to proceed, the experts shall report on any recommended training for the defendant to attain competence to proceed. In considering the issues relating to training, the examining experts shall specifically report on:(a) The intellectual disability or autism causing the incompetence;(b) The training appropriate for the intellectual disability or autism of the defendant and an explanation of each of the possible training alternatives in order of choices;(c) The availability of acceptable training and, if training is available in the community, the expert shall so state in the report; and(d) The likelihood of the defendant’s attaining competence under the training recommended, an assessment of the probable duration of the training required to restore competence, and the probability that the defendant will attain competence to proceed in the foreseeable future.History.—s. 24, ch. 98-92; s. 18, ch. 2006-195; s. 22, ch. 2010-117; s. 32, ch. 2013-162.
FL Stat § 916.3025 (2021)
2021 Florida Statutes|Title XLVII - Criminal Procedure and Corrections|Chapter 916 - Mentally Ill and Intellectually Disabled Defendants|Part III - Forensic Services for Persons Who Are Intellectually Disabled or Autistic (Ss. 916.301-916.304)|916.3025 - Jurisdiction of committing court.

916.3025 Jurisdiction of committing court.—(1) The committing court shall retain jurisdiction in the case of any defendant found to be incompetent to proceed due to intellectual disability or autism and ordered into a forensic facility designated by the agency for defendants who have intellectual disabilities or autism. A defendant may not be released except by the order of the committing court. An administrative hearing examiner does not have jurisdiction to determine issues of continuing commitment or release of any defendant involuntarily committed pursuant to this chapter.(2) The committing court shall retain jurisdiction in the case of any defendant placed on conditional release pursuant to s. 916.304. Such defendant may not be released from the conditions of release except by order of the committing court.(3) The committing court shall consider a petition to involuntarily admit a defendant whose charges have been dismissed to residential services provided by the agency and, when applicable, to continue secure placement of such person as provided in s. 916.303. The committing court shall retain jurisdiction over such person so long as he or she remains in secure placement or is on conditional release as provided in s. 916.304. However, upon request, the court may transfer continuing jurisdiction to the court in the circuit where the defendant resides. The defendant may not be released from an order for secure placement except by order of the court.History.—s. 26, ch. 98-92; s. 20, ch. 2006-195; s. 34, ch. 2013-162.
FL Stat § 916.303 (2021)
2021 Florida Statutes|Title XLVII - Criminal Procedure and Corrections|Chapter 916 - Mentally Ill and Intellectually Disabled Defendants|Part III - Forensic Services for Persons Who Are Intellectually Disabled or Autistic (Ss. 916.301-916.304)|916.303 - Determination of incompetency; dismissal of charges.

916.303 Determination of incompetency; dismissal of charges.—(1) The charges against any defendant found to be incompetent to proceed due to intellectual disability or autism shall be dismissed without prejudice to the state if the defendant remains incompetent to proceed within a reasonable time after such determination, not to exceed 2 years, unless the court in its order specifies its reasons for believing that the defendant will become competent to proceed within the foreseeable future and specifies the time within which the defendant is expected to become competent to proceed. The charges may be refiled by the state if the defendant is declared competent to proceed in the future.(2) If the charges are dismissed and if the defendant is considered to lack sufficient capacity to give express and informed consent to a voluntary application for services and lacks the basic survival and self-care skills to provide for his or her well-being or is likely to physically injure himself or herself or others if allowed to remain at liberty, the agency, the state attorney, or the defendant’s attorney shall apply to the committing court to involuntarily admit the defendant to residential services pursuant to s. 393.11.(3) If the defendant is considered to need involuntary residential services for reasons described in subsection (2) and, further, there is a substantial likelihood that the defendant will injure another person or continues to present a danger of escape, and all available less restrictive alternatives, including services in community residential facilities or other community settings, which would offer an opportunity for improvement of the condition have been judged to be inappropriate, the agency, the state attorney, or the defendant’s counsel may request the committing court to continue the defendant’s placement in a secure facility pursuant to this part. Any placement so continued must be reviewed by the court at least annually at a hearing. The annual review and hearing must determine whether the defendant continues to meet the criteria described in this subsection and, if so, whether the defendant still requires involuntary placement in a secure facility and whether the defendant is receiving adequate care, treatment, habilitation, and rehabilitation, including psychotropic medication and behavioral programming. Notice of the annual review and review hearing shall be given to the state attorney and the defendant’s attorney. A defendant’s placement in a secure facility may not exceed the maximum sentence for the crime for which the defendant was charged.History.—s. 27, ch. 98-92; s. 56, ch. 99-7; s. 21, ch. 2006-195; s. 35, ch. 2013-162.
FL Stat § 916.304 (2021)
2021 Florida Statutes|Title XLVII - Criminal Procedure and Corrections|Chapter 916 - Mentally Ill and Intellectually Disabled Defendants|Part III - Forensic Services for Persons Who Are Intellectually Disabled or Autistic (Ss. 916.301-916.304)|916.304 - Conditional release.

916.304 Conditional release.—(1) Except for an inmate currently serving a prison sentence, the committing court may order a conditional release of any defendant who has been found to be incompetent to proceed due to intellectual disability or autism, based on an approved plan for providing community-based training. The committing criminal court may order a conditional release of any defendant to a civil facility in lieu of an involuntary commitment to a forensic facility pursuant to s. 916.302. Upon a recommendation that community-based training for the defendant is appropriate, a written plan for community-based training, including recommendations from qualified professionals, may be filed with the court, with copies to all parties. Such a plan may also be submitted by the defendant and filed with the court, with copies to all parties. The plan must include:(a) Special provisions for residential care and adequate supervision of the defendant, including recommended location of placement.(b) Recommendations for auxiliary services such as vocational training, psychological training, educational services, leisure services, and special medical care.In its order of conditional release, the court shall specify the conditions of release based upon the release plan and shall direct the appropriate agencies or persons to submit periodic reports to the courts regarding the defendant’s compliance with the conditions of the release and progress in training, with copies to all parties.(2) Upon the filing of an affidavit or statement under oath by any person that the defendant has failed to comply with the conditions of release, that the defendant’s condition has deteriorated, or that the release conditions should be modified, the court shall hold a hearing within 7 days after receipt of the affidavit or statement under oath. With notice to the court and all parties, the agency may detain a defendant in a forensic facility until the hearing occurs. After the hearing, the court may modify the release conditions. The court may also order that the defendant be placed into more appropriate programs for further training or may order the defendant to be committed to a forensic facility if it is found, after the appointment and report of experts, that the defendant meets the criteria for placement in a forensic facility.(3) If at any time it is determined after a hearing that the defendant conditionally released under subsection (1) no longer requires court-supervised followup care, the court shall terminate its jurisdiction in the cause and discharge the defendant.History.—s. 28, ch. 98-92; s. 22, ch. 2006-195; s. 36, ch. 2013-162.
FL Stat § 938.01 (2021)
2021 Florida Statutes|Title XLVII - Criminal Procedure and Corrections|Chapter 938 - Court Costs|Part I - Mandatory Costs in All Cases (Ss. 938.01-938.06)|938.01 - Additional Court Cost Clearing Trust Fund.

938.01 Additional Court Cost Clearing Trust Fund.—(1) All courts created by Art. V of the State Constitution shall, in addition to any fine or other penalty, require every person convicted for violation of a state penal or criminal statute or convicted for violation of a municipal or county ordinance to pay $3 as a court cost. Any person whose adjudication is withheld pursuant to the provisions of s. 318.14(9) or (10) shall also be liable for payment of such cost. In addition, $3 from every bond estreature or forfeited bail bond related to such penal statutes or penal ordinances shall be remitted to the Department of Revenue as described in this subsection. However, no such assessment may be made against any person convicted for violation of any state statute, municipal ordinance, or county ordinance relating to the parking of vehicles.(a) All costs collected by the courts pursuant to this subsection shall be remitted to the Department of Revenue in accordance with administrative rules adopted by the executive director of the Department of Revenue for deposit in the Additional Court Cost Clearing Trust Fund. These funds and the funds deposited in the Additional Court Cost Clearing Trust Fund pursuant to s. 318.21(2)(c) shall be distributed as follows:1. Ninety-two percent to the Department of Law Enforcement Criminal Justice Standards and Training Trust Fund.2. Six and three-tenths percent to the Department of Law Enforcement Operating Trust Fund for the Criminal Justice Grant Program.3. One and seven-tenths percent to the Department of Children and Families Domestic Violence Trust Fund for the domestic violence program pursuant to s. 39.903(1).(b) All funds in the Department of Law Enforcement Criminal Justice Standards and Training Trust Fund shall be disbursed only in compliance with s. 943.25(8).(2) Except as provided by s. 938.15 and notwithstanding any other provision of law, no funds collected and deposited pursuant to this section or s. 943.25 shall be expended unless specifically appropriated by the Legislature.History.—s. 8, ch. 74-386; s. 1, ch. 77-119; s. 1, ch. 77-174; s. 2, ch. 78-347; s. 189, ch. 79-164; s. 144, ch. 79-190; s. 13, ch. 80-71; s. 17, ch. 81-24; s. 81, ch. 81-167; s. 85, ch. 83-55; s. 8, ch. 83-259; s. 20, ch. 84-258; s. 11, ch. 85-224; s. 6, ch. 85-250; s. 11, ch. 86-154; s. 16, ch. 86-187; s. 2, ch. 86-286; ss. 3, 5, 6, ch. 87-186; s. 5, ch. 91-429; s. 42, ch. 93-120; s. 17, ch. 93-252; s. 9, ch. 95-408; s. 12, ch. 97-225; s. 3, ch. 97-271; ss. 39, 40, ch. 2000-171; s. 19, ch. 2001-122; s. 1, ch. 2001-184; s. 3, ch. 2001-232; ss. 29, 30, 54, ch. 2001-254; s. 18, ch. 2002-55; ss. 76, 77, ch. 2002-402; s. 8, ch. 2003-400; s. 122, ch. 2003-402; s. 12, ch. 2011-52; s. 16, ch. 2012-147; s. 312, ch. 2014-19.Note.—Former s. 943.25(3).
FL Stat § 938.03 (2021)
2021 Florida Statutes|Title XLVII - Criminal Procedure and Corrections|Chapter 938 - Court Costs|Part I - Mandatory Costs in All Cases (Ss. 938.01-938.06)|938.03 - Crimes Compensation Trust Fund.

938.03 Crimes Compensation Trust Fund.—(1) Any person pleading guilty or nolo contendere to, or being convicted of or adjudicated delinquent for, any felony, misdemeanor, delinquent act, or criminal traffic offense under the laws of this state or the violation of any municipal or county ordinance which adopts by reference any misdemeanor under state law, shall pay as an additional cost in the case, in addition and prior to any other cost required to be imposed by law, the sum of $50. Any person whose adjudication is withheld shall also be assessed such cost.(2) These costs shall not be waived by the court.(3) In the event that the individual has been ordered to pay restitution in accordance with s. 775.089, costs referenced in this section shall be included in a judgment.(4) The clerk of the court shall collect and forward $49 of each $50 collected to the Department of Revenue, to be deposited in the Crimes Compensation Trust Fund. The clerk shall retain the remaining $1 of each $50 collected as an additional cost by the clerk’s office.History.—s. 1, ch. 77-452; s. 311, ch. 79-400; s. 15, ch. 80-146; s. 1, ch. 82-222; s. 3, ch. 83-319; s. 7, ch. 85-250; s. 7, ch. 85-326; s. 13, ch. 92-107; s. 23, ch. 92-287; s. 14, ch. 94-342; s. 4, ch. 97-271; s. 20, ch. 2001-122; s. 123, ch. 2003-402.Note.—Former s. 960.20.
FL Stat § 938.04 (2021)
2021 Florida Statutes|Title XLVII - Criminal Procedure and Corrections|Chapter 938 - Court Costs|Part I - Mandatory Costs in All Cases (Ss. 938.01-938.06)|938.04 - Additional cost with respect to criminal fines.

938.04 Additional cost with respect to criminal fines.—In addition to any fine for any criminal offense prescribed by law, including a criminal traffic offense, and in addition to the cost imposed pursuant to the provisions of s. 318.14(10), there is hereby established and created as a court cost an additional 5-percent surcharge thereon which shall be imposed, levied, and collected together with such fine or cost imposed pursuant to s. 318.14(10). The additional court cost created under this section shall be remitted to the Department of Revenue for deposit in the Crimes Compensation Trust Fund created by s. 960.21.History.—s. 6, ch. 77-452; s. 19, ch. 80-146; s. 2, ch. 82-222; s. 26, ch. 83-214; s. 8, ch. 85-250; s. 5, ch. 97-271; s. 21, ch. 2001-122.Note.—Former s. 960.25.
FL Stat § 938.05 (2021)
2021 Florida Statutes|Title XLVII - Criminal Procedure and Corrections|Chapter 938 - Court Costs|Part I - Mandatory Costs in All Cases (Ss. 938.01-938.06)|938.05 - Additional court costs for felonies, misdemeanors, and criminal traffic offenses.

938.05 Additional court costs for felonies, misdemeanors, and criminal traffic offenses.—(1) Any person pleading nolo contendere to a misdemeanor or criminal traffic offense under s. 318.14(10)(a) or pleading guilty or nolo contendere to, or being found guilty of, any felony, misdemeanor, or criminal traffic offense under the laws of this state or the violation of any municipal or county ordinance which adopts by reference any misdemeanor under state law, shall pay as a cost in the case, in addition to any other cost required to be imposed by law, a sum in accordance with the following schedule:(a) Felonies: $225, from which the clerk shall remit $25 to the Department of Revenue for deposit into the General Revenue Fund.(b) Misdemeanors: $60, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund.(c) Criminal traffic offenses: $60, from which the clerk shall remit $10 to the Department of Revenue for deposit into the General Revenue Fund.(2) Payment of the additional court costs provided for in subsection (1) shall be made part of any plea agreement reached by the prosecuting attorney and defense counsel or the criminal defendant where the plea agreement provides for the defendant to plead guilty or nolo contendere to any felony, misdemeanor, or criminal traffic offense under the laws of this state or any municipal or county ordinance which adopts by reference any misdemeanor under state law.(3) The clerk of the court shall collect such additional costs for deposit in the fine and forfeiture fund established pursuant to s. 142.01 and shall notify the agency supervising a person upon whom costs have been imposed upon full payment of fees.History.—ss. 2, 3, ch. 85-213; s. 1, ch. 86-154; ss. 2, 3, ch. 88-280; s. 3, ch. 89-129; s. 1, ch. 90-66; s. 7, ch. 97-271; s. 124, ch. 2003-402; s. 43, ch. 2008-111; s. 29, ch. 2019-58.Note.—Former s. 27.3455(1)-(3).
FL Stat § 938.055 (2021)
2021 Florida Statutes|Title XLVII - Criminal Procedure and Corrections|Chapter 938 - Court Costs|Part I - Mandatory Costs in All Cases (Ss. 938.01-938.06)|938.055 - Operating Trust Fund of the Department of Law Enforcement.

938.055 Operating Trust Fund of the Department of Law Enforcement.—Notwithstanding any other law, the court may assess a defendant who pleads guilty or nolo contendere to, or is convicted of, a violation of any provision of chapters 775-896, without regard to whether adjudication was withheld, in addition to any fine and other penalty provided or authorized by law, an amount of $100, to be paid to the clerk of the court, who shall forward it to the Department of Revenue for deposit in the Operating Trust Fund of the Department of Law Enforcement to be used by the statewide criminal analysis laboratory system for the purposes specified in s. 943.361. This amount shall be assessed if the services of a local county-operated crime laboratory enumerated in s. 943.35(1) are used in connection with the investigation or prosecution of a violation of any provision of chapters 775-896.History.—s. 20, ch. 97-271; s. 24, ch. 2001-122; s. 21, ch. 2005-128; s. 1, ch. 2012-125.Note.—Former s. 938.25.
FL Stat § 938.06 (2021)
2021 Florida Statutes|Title XLVII - Criminal Procedure and Corrections|Chapter 938 - Court Costs|Part I - Mandatory Costs in All Cases (Ss. 938.01-938.06)|938.06 - Cost for crime stoppers programs.

938.06 Cost for crime stoppers programs.—(1) In addition to any fine prescribed by law, when a person is convicted of any criminal offense, the county or circuit court shall assess a court cost of $20.(2) The clerk of the court shall collect and forward, on a monthly basis, all costs assessed under this section, less $3 per assessment as a service charge to be retained by the clerk, to the Department of Revenue for deposit in the Crime Stoppers Trust Fund, to be used as provided in s. 16.555.(3) As used in this section, the term “convicted” means a determination of guilt that is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.History.—s. 1, ch. 98-319; s. 22, ch. 2001-122; s. 125, ch. 2003-402; s. 31, ch. 2010-162.