reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 913 - Trial Jury › 913.10 - Number of Jurors.

913.10 Number of jurors.—Twelve persons shall constitute a jury to try all capital cases, and six persons shall constitute a jury to try all other criminal cases.
History.—s. 191, ch. 19554, 1939; CGL 1940 Supp. 8663(198); s. 87, ch. 70-339.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 913 - Trial Jury › 913.12 - Qualifications of Jurors.

913.12 Qualifications of jurors.—The qualifications of jurors in criminal cases shall be the same as their qualifications in civil cases.
History.—RS 2849; GS 3905; RGS 6003; CGL 8297; s. 88, ch. 70-339.
Note.—Former s. 932.19.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 913 - Trial Jury › 913.13 - Jurors in Capital Cases.

913.13 Jurors in capital cases.—A person who has beliefs which preclude her or him from finding a defendant guilty of an offense punishable by death shall not be qualified as a juror in a capital case.
History.—s. 12, ch. 1637, 1868; RS 2850; GS 3906; RGS 6004; CGL 8298; s. 89, ch. 70-339; s. 1521, ch. 97-102.
Note.—Former s. 932.20.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 913 - Trial Jury › 913.15 - Special Jurors.

913.15 Special jurors.—The court may summon jurors in addition to the regular panel.
History.—RS 2853; GS 3909; RGS 6007; CGL 8301; s. 91, ch. 70-339.
Note.—Former s. 932.22.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 914 - Witnesses; Criminal Proceedings › 914.001 - Witnesses; Subpoenas to Run Throughout the State; All Names to Be Included in One Subpoena.

914.001 Witnesses; subpoenas to run throughout the state; all names to be included in one subpoena.—
(1) Subpoenas for witnesses in criminal cases shall run throughout the state and be directed to all of the sheriffs of the state.
(2) When possible, the names of all witnesses summoned for, or at the cost of, the state in a criminal case shall be included in one subpoena, and the prosecuting officer shall, when possible, include the names of all such witnesses in one praecipe for such subpoena.
History.—s. 2, ch. 871, 1859; ss. 2, 4, 6, ch. 3702, 1887; RS 2859, 2860; GS 3915, 3916; RGS 6013, 6014; CGL 8307, 8308; s. 94, ch. 70-339.
Note.—Former s. 932.25.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 914 - Witnesses; Criminal Proceedings › 914.03 - Attendance of Witnesses.

914.03 Attendance of witnesses.—A witness summoned by a grand jury shall remain in attendance until excused by the grand jury. A witness summoned in a criminal case shall remain available for attendance until the case for which he or she was summoned is disposed of or until he or she is excused by the court. A witness who departs without permission of the court shall be in criminal contempt of court.
History.—s. 4, ch. 159, 1843; s. 2, ch. 2094, 1877; RS 2862; GS 3918; RGS 6016; CGL 8310; s. 96, ch. 70-339; s. 22, ch. 2013-25.
Note.—Former s. 932.28.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 914 - Witnesses; Criminal Proceedings › 914.04 - Witnesses; Person Not Excused From Testifying or Producing Evidence in Certain Prosecutions on Ground Testimony Might Incriminate Him or Her; Use of Testimony Given or Evidence Produced.

914.04 Witnesses; person not excused from testifying or producing evidence in certain prosecutions on ground testimony might incriminate him or her; use of testimony given or evidence produced.—No person who has been duly served with a subpoena or subpoena duces tecum shall be excused from attending and testifying or producing any book, paper, or other document before any court having felony trial jurisdiction, grand jury, or state attorney upon investigation, proceeding, or trial for a violation of any of the criminal statutes of this state upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of the person may tend to convict him or her of a crime or to subject him or her to a penalty or forfeiture, but no testimony so given or evidence so produced shall be received against the person upon any criminal investigation or proceeding. Such testimony or evidence, however, may be received against the person upon any criminal investigation or proceeding for perjury committed while giving such testimony or producing such evidence or for any perjury subsequently committed.
History.—s. 1, ch. 5400, 1905; s. 1, ch. 7850, 1919; RGS 6017; CGL 8311; s. 1, ch. 69-316; s. 97, ch. 70-339; s. 1, ch. 71-99; s. 36, ch. 73-334; s. 1, ch. 82-393; s. 175, ch. 83-216; s. 1, ch. 85-41; s. 1522, ch. 97-102.
Note.—Former s. 932.29.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 914 - Witnesses; Criminal Proceedings › 914.05 - Compelled Testimony Tending to Incriminate Witness; Immunity.

914.05 Compelled testimony tending to incriminate witness; immunity.—The testimony or evidence of a witness who has been ordered by a court of the United States to testify or produce evidence regarding treason, sabotage, espionage, or seditious conspiracy against the United States, after claiming her or his privilege against self-incrimination, shall not subsequently be used against the witness in a criminal prosecution in this state. A witness shall not be exempt from prosecution for perjury committed while giving testimony or producing evidence under compulsion as provided in this section.
History.—s. 1, ch. 29987, 1955; s. 98, ch. 70-339; s. 1523, ch. 97-102.
Note.—Former s. 932.291.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 914 - Witnesses; Criminal Proceedings › 914.07 - Competency of Evidence.

914.07 Competency of evidence.—Except as otherwise provided, the law regarding competency of evidence and witnesses in civil cases shall apply in criminal cases.
History.—RS 2863; GS 3919; RGS 6018; CGL 8312; s. 100, ch. 70-339.
Note.—Former s. 932.31.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 914 - Witnesses; Criminal Proceedings › 914.11 - Indigent Defendants.

914.11 Indigent defendants.—If a defendant in a criminal case is indigent pursuant to s. 27.52 and presently unable to pay the cost of procuring the attendance of witnesses, the defendant may seek a deferral of these costs; however, the defendant may subpoena the witnesses, and the costs, including the cost of the defendant’s copy of all depositions and transcripts which are certified by the defendant’s attorney as serving a useful purpose in the disposition of the case, shall be paid by the state. When depositions are taken outside the circuit in which the case is pending, travel expenses shall be paid by the state in accordance with s. 112.061 and shall also be taxed as costs payable to the state.
History.—ss. 2, 4, ch. 3702, 1887; s. 1, ch. 3719, 1887; RS 2867, 2868; s. 1, ch. 5133, 1903; GS 3923, 3924; RGS 6022, 6023; CGL 8316, 8317; s. 104, ch. 70-339; s. 4, ch. 82-176; s. 6, ch. 85-213; s. 119, ch. 2003-402.
Note.—Former ss. 932.36, 932.37.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 914 - Witnesses; Criminal Proceedings › 914.12 - Memorandum of Recognizance of Witness; Removal for Violation.

914.12 Memorandum of recognizance of witness; removal for violation.—When a county court judge recognizes a witness to appear before the grand jury, the judge shall give the witness a written memorandum stating that the witness is required to appear before the grand jury and the date when the grand jury will meet. An intentional failure of a county court judge to comply with this section, on recommendation of the grand jury, shall subject the judge to suspension from office by the Governor.
History.—s. 1, ch. 2096, 1877; RS 2880; ss. 1-3, ch. 5401, 1905; GS 3939; RGS 6041; CGL 8342; s. 105, ch. 70-339; s. 38, ch. 73-334; s. 1524, ch. 97-102.
Note.—Former s. 932.40.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 914 - Witnesses; Criminal Proceedings › 914.13 - Commitment for Perjury.

914.13 Commitment for perjury.—When a court of record has reason to believe that a witness or party who has been legally sworn and examined or has made an affidavit in a proceeding has committed perjury, the court may immediately commit the person or take a recognizance with sureties for the person’s appearance to answer the charge of perjury. Witnesses who are present may be recognized to the proper court, and the state attorney shall be given notice of the proceedings.
History.—s. 15, ch. 1637, 1868; RS 2882; GS 3941; RGS 6043; CGL 8344; s. 106, ch. 70-339; s. 38, ch. 73-334; s. 1525, ch. 97-102.
Note.—Former s. 932.41.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 914 - Witnesses; Criminal Proceedings › 914.14 - Witnesses Accepting Bribes.

914.14 Witnesses accepting bribes.—
(1) It is unlawful for any person who is a witness in a proceeding instituted by a duly constituted prosecuting authority of this state to solicit, request, accept, or agree to accept any money or anything of value as an inducement to:
(a) Testify or inform falsely; or
(b) Withhold any testimony, information, document, or thing.
(2) Any person violating any provision of this section shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 4, ch. 72-315.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 914 - Witnesses; Criminal Proceedings › 914.15 - Law Enforcement Officers; Nondisclosure of Personal Information.

914.15 Law enforcement officers; nondisclosure of personal information.—Any law enforcement officer of the state or of any political subdivision thereof who provides information relative to a criminal investigation or in proceedings preliminary to a criminal case may refuse, unless ordered by the court, to disclose his or her residence address, home telephone number, or any personal information concerning the officer’s family. Any law enforcement officer who testifies as a witness in a criminal case may refuse to disclose personal information concerning his or her family unless it is determined by the court that such evidence is relevant to the case.
History.—s. 1, ch. 79-60; s. 1526, ch. 97-102.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 914 - Witnesses; Criminal Proceedings › 914.16 - Child Abuse and Sexual Abuse of Victims Under Age 16 or Who Have an Intellectual Disability; Limits on Interviews.

914.16 Child abuse and sexual abuse of victims under age 16 or who have an intellectual disability; limits on interviews.—The chief judge of each judicial circuit, after consultation with the state attorney and the public defender for the judicial circuit, the appropriate chief law enforcement officer, and any other person deemed appropriate by the chief judge, shall order reasonable limits on the number of interviews which a victim of a violation of s. 794.011, s. 800.04, s. 827.03, or s. 847.0135(5) who is under 16 years of age or a victim of a violation of s. 794.011, s. 800.02, s. 800.03, or s. 825.102 who has an intellectual disability as defined in s. 393.063 must submit to for law enforcement or discovery purposes. To the extent possible, the order must protect the victim from the psychological damage of repeated interrogations while preserving the rights of the public, the victim, and the person charged with the violation.
History.—s. 7, ch. 84-86; s. 2, ch. 90-120; s. 19, ch. 93-156; s. 24, ch. 94-154; s. 18, ch. 95-158; s. 3, ch. 96-215; s. 26, ch. 96-322; s. 107, ch. 99-3; s. 9, ch. 99-201; s. 3, ch. 2000-246; s. 6, ch. 2000-338; s. 94, ch. 2004-267; s. 22, ch. 2008-172; s. 25, ch. 2013-162.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 914 - Witnesses; Criminal Proceedings › 914.21 - Definitions.

914.21 Definitions.—As used in ss. 914.22-914.24, the term:
(1) “Bodily injury” means:
(a) A cut, abrasion, bruise, burn, or disfigurement;
(b) Physical pain;
(c) Illness;
(d) Impairment of the function of a bodily member, organ, or mental faculty; or
(e) Any other injury to the body, no matter how temporary.
(2) “Misleading conduct” means:
(a) Knowingly making a false statement;
(b) Intentionally omitting information from a statement and thereby causing a portion of such statement to be misleading, or intentionally concealing a material fact and thereby creating a false impression by such statement;
(c) With intent to mislead, knowingly submitting or inviting reliance on a writing or recording that is false, forged, altered, or otherwise lacking in authenticity;
(d) With intent to mislead, knowingly submitting or inviting reliance on a sample, specimen, map, photograph, boundary mark, or other object that is misleading in a material respect; or
(e) Knowingly using a trick, scheme, or device with intent to mislead.
(3) “Official investigation” means any investigation instituted by a law enforcement agency or prosecuting officer of the state or a political subdivision of the state or the Commission on Ethics.
(4) “Official proceeding” means:
(a) A proceeding before a judge or court or a grand jury;
(b) A proceeding before the Legislature;
(c) A proceeding before a federal agency that is authorized by law; or
(d) A proceeding before the Commission on Ethics.
(5) “Physical force” means physical action against another and includes confinement.
History.—s. 13, ch. 84-363; s. 3, ch. 88-96; s. 16, ch. 2006-275.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 914 - Witnesses; Criminal Proceedings › 914.23 - Retaliating Against a Witness, Victim, or Informant.

914.23 Retaliating against a witness, victim, or informant.—A person who knowingly engages in any conduct that causes bodily injury to another person or damages the tangible property of another person, or threatens to do so, with intent to retaliate against any person for:
(1) The attendance of a witness or party at an official proceeding, or for any testimony given or any record, document, or other object produced by a witness in an official proceeding; or
(2) Any information relating to the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding given by a person to a law enforcement officer;
or attempts to do so, is guilty of a criminal offense. If the conduct results in bodily injury, such person is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Otherwise, such person is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 15, ch. 84-363; s. 45, ch. 87-243.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 916 - Mentally Ill and Intellectually Disabled Defendants › Part I - General Provisions (Ss. 916.10-916.1093) › 916.10 - Short title.

916.10 Short title.—This chapter may be cited as the “Forensic Client Services Act.”
History.—s. 29, ch. 85-167.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 916 - Mentally Ill and Intellectually Disabled Defendants › Part I - General Provisions (Ss. 916.10-916.1093) › 916.105 - Legislative intent.

916.105 Legislative intent.—
(1) It is the intent of the Legislature that the Department of Children and Families and the Agency for Persons with Disabilities, as appropriate, establish, locate, and maintain separate and secure forensic facilities and programs for the treatment or training of defendants who have been charged with a felony and who have been found to be incompetent to proceed due to their mental illness, intellectual disability, or autism, or who have been acquitted of a felony by reason of insanity, and who, while still under the jurisdiction of the committing court, are committed to the department or agency under this chapter. Such facilities must be sufficient to accommodate the number of defendants committed under the conditions noted above. Except for those defendants found by the department or agency to be appropriate for treatment or training in a civil facility or program pursuant to subsection (3), forensic facilities must be designed and administered so that ingress and egress, together with other requirements of this chapter, may be strictly controlled by staff responsible for security in order to protect the defendant, facility personnel, other clients, and citizens in adjacent communities.
(2) It is the intent of the Legislature that treatment or training programs for defendants who are found to have mental illness, intellectual disability, or autism and are involuntarily committed to the department or agency, and who are still under the jurisdiction of the committing court, be provided in a manner, subject to security requirements and other mandates of this chapter, which ensures the rights of the defendants as provided in this chapter.
(3) It is the intent of the Legislature that evaluation and services to defendants who have mental illness, intellectual disability, or autism be provided in community settings, in community residential facilities, or in civil facilities, whenever this is a feasible alternative to treatment or training in a state forensic facility.
(4) It is the intent of the Legislature to minimize and achieve an ongoing reduction in the use of restraint and seclusion on persons who are committed to a civil or forensic facility under this chapter.
History.—s. 30, ch. 85-167; s. 5, ch. 98-92; s. 1, ch. 2006-195; s. 27, ch. 2013-162; s. 308, ch. 2014-19.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 916 - Mentally Ill and Intellectually Disabled Defendants › Part I - General Provisions (Ss. 916.10-916.1093) › 916.1065 - Confidentiality of forensic behavioral health evaluations.

916.1065 Confidentiality of forensic behavioral health evaluations.—
(1) A forensic behavioral health evaluation filed with the court under this chapter is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(2) As used in this section, the term “forensic behavioral health evaluation” means any record, including supporting documentation, derived from a competency, substance abuse, psychosexual, psychological, psychiatric, psychosocial, cognitive impairment, sanity, or other mental health evaluation of an individual.
(3) The exemption under subsection (1) applies to forensic behavioral health evaluations filed with a court before, on, or after July 1, 2014.
History.—s. 1, ch. 2014-67.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 916 - Mentally Ill and Intellectually Disabled Defendants › Part I - General Provisions (Ss. 916.10-916.1093) › 916.1081 - Escape from program; penalty.

916.1081 Escape from program; penalty.—
(1) A forensic client who is involuntarily committed to the department or agency, who is in the custody of the department or agency, and who escapes or attempts to escape from a civil or forensic facility commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) A person who is involuntarily committed to the department or the agency, who is in the custody of the Department of Corrections, and who escapes or attempts to escape from a facility or program commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any punishment of imprisonment imposed under this subsection shall run consecutive to any former sentence imposed upon the person.
History.—s. 38, ch. 85-167; s. 8, ch. 98-92; s. 5, ch. 2006-195.
Note.—Former s. 916.175.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 916 - Mentally Ill and Intellectually Disabled Defendants › Part I - General Provisions (Ss. 916.10-916.1093) › 916.1091 - Duties, functions, and powers of institutional security personnel.

916.1091 Duties, functions, and powers of institutional security personnel.—
(1) In case of emergency, and when necessary to provide protection and security to any client, to the personnel, equipment, buildings, or grounds of a department or agency facility, or to citizens in the surrounding community, institutional security personnel may, when authorized by the administrator of the facility or her or his designee when the administrator is not present, use a chemical weapon against a patient housed in a forensic facility. However, such weapon shall be used only to the extent necessary to provide protection and security. Under no circumstances shall any officer carry a chemical weapon on her or his person except during the period of the emergency for which its use was authorized. All chemical weapons shall be placed in secure storage when their use is not authorized as provided in this section.
(2) The department, the agency, or an entity contracting with the department or agency to operate a forensic facility under this chapter is considered an employing agency as that term is defined in s. 943.10 and is authorized to employ certified correctional officers as institutional security personnel. This authority applies retroactively to all certified officers employed in such capacity beginning January 1, 1974.
History.—s. 1, ch. 77-31; s. 1, ch. 79-336; s. 158, ch. 79-400; s. 3, ch. 80-75; s. 40, ch. 85-167; s. 1535, ch. 97-102; s. 10, ch. 98-92; s. 7, ch. 2006-195; s. 4, ch. 2007-241.
Note.—Former ss. 394.4671, 394.86, 394.906; s. 916.19.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 916 - Mentally Ill and Intellectually Disabled Defendants › Part I - General Provisions (Ss. 916.10-916.1093) › 916.1093 - Operation and administration; rules.

916.1093 Operation and administration; rules.—
(1) The department or agency may enter into contracts and do such things as may be necessary and incidental to assure compliance with and to carry out the provisions of this chapter in accordance with the stated legislative intent.
(2) The department and agency are authorized to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter. Such rules must address the use of restraint and seclusion in forensic facilities and must be consistent with recognized best practices; prohibit inherently dangerous restraint or seclusion procedures; establish limitations on the use and duration of restraint and seclusion; establish measures to ensure the safety of clients and staff during an incident of restraint or seclusion; establish procedures for staff to follow before, during, and after incidents of restraint or seclusion; establish professional qualifications of and training for staff who may order or be engaged in the use of restraint or seclusion; provide data reporting and data collection procedures relating to the use of restraint and seclusion; and provide for the documentation of the use of restraint or seclusion in the client’s facility record.
History.—s. 41, ch. 85-167; s. 11, ch. 98-92; s. 225, ch. 98-200; s. 8, ch. 2006-195.
Note.—Former s. 916.20.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 916 - Mentally Ill and Intellectually Disabled Defendants › Part II - Forensic Services for Persons Who Are Mentally Ill (Ss. 916.111-916.185) › 916.111 - Training of mental health experts.

916.111 Training of mental health experts.—The evaluation of defendants for competency to proceed or for sanity at the time of the commission of the offense shall be conducted in such a way as to ensure uniform application of the criteria enumerated in Rules 3.210 and 3.216, Florida Rules of Criminal Procedure. The department shall develop, and may contract with accredited institutions:
(1) To provide:
(a) A plan for training mental health professionals to perform forensic evaluations and to standardize the criteria and procedures to be used in these evaluations;
(b) Clinical protocols and procedures based upon the criteria of Rules 3.210 and 3.216, Florida Rules of Criminal Procedure; and
(c) Training for mental health professionals in the application of these protocols and procedures in performing forensic evaluations and providing reports to the courts; and
(2) To compile and maintain the necessary information for evaluating the success of this program, including the number of persons trained, the cost of operating the program, and the effect on the quality of forensic evaluations as measured by appropriateness of admissions to state forensic facilities and to community-based care programs.
History.—s. 33, ch. 85-167; s. 13, ch. 98-92; s. 9, ch. 2006-195.
Note.—Former s. 916.108.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 916 - Mentally Ill and Intellectually Disabled Defendants › Part II - Forensic Services for Persons Who Are Mentally Ill (Ss. 916.111-916.185) › 916.14 - Statute of limitations; former jeopardy.

916.14 Statute of limitations; former jeopardy.—The statute of limitations shall not be applicable to criminal charges dismissed because of the incompetency of the defendant to proceed. If a defendant is declared incompetent to proceed during trial and afterwards is declared competent to proceed, the defendant’s other, uncompleted trial shall not constitute former jeopardy.
History.—s. 1, ch. 80-75; s. 1531, ch. 97-102; s. 17, ch. 98-92.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 916 - Mentally Ill and Intellectually Disabled Defendants › Part II - Forensic Services for Persons Who Are Mentally Ill (Ss. 916.111-916.185) › 916.145 - Dismissal of charges.

916.145 Dismissal of charges.—
(1) The charges against a defendant adjudicated incompetent to proceed due to mental illness shall be dismissed without prejudice to the state if the defendant remains incompetent to proceed for 5 continuous, uninterrupted years after such determination, 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 court may dismiss such charges at least 3 years after such determination, unless the charge is:
(a) Arson;
(b) Sexual battery;
(c) Robbery;
(d) Kidnapping;
(e) Aggravated child abuse;
(f) Aggravated abuse of an elderly person or disabled adult;
(g) Aggravated assault with a deadly weapon;
(h) Murder;
(i) Manslaughter;
(j) Aggravated manslaughter of an elderly person or disabled adult;
(k) Aggravated manslaughter of a child;
(l) Unlawful throwing, projecting, placing, or discharging of a destructive device or bomb;
(m) Armed burglary;
(n) Aggravated battery;
(o) Aggravated stalking;
(p) A forcible felony as defined in s. 776.08 and not listed elsewhere in this subsection;
(q) An offense where an element of the offense requires the possession, use, or discharge of a firearm;
(r) An attempt to commit an offense listed in this subsection;
(s) An offense allegedly committed by a defendant who has had a forcible or violent felony conviction within the 5 years immediately preceding the date of arrest for the nonviolent felony sought to be dismissed;
(t) An offense allegedly committed by a defendant who, after having been found incompetent and placed under court supervision in a community-based program, is formally charged by a state attorney or the Office of the Statewide Prosecutor with a new felony offense; or
(u) An offense for which there is an identifiable victim and such victim has not consented to the dismissal.
(2) This section does not prohibit the state from refiling dismissed charges if the defendant is declared to be competent to proceed in the future.
History.—s. 6, ch. 83-274; s. 74, ch. 87-226; s. 1532, ch. 97-102; s. 18, ch. 98-92; s. 13, ch. 2006-195; s. 3, ch. 2016-135.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 916 - Mentally Ill and Intellectually Disabled Defendants › Part II - Forensic Services for Persons Who Are Mentally Ill (Ss. 916.111-916.185) › 916.16 - Jurisdiction of committing court.

916.16 Jurisdiction of committing court.—
(1) The committing court shall retain jurisdiction over any defendant involuntarily committed due to a determination of incompetency to proceed due to mental illness or a finding of not guilty by reason of insanity pursuant to this chapter. The defendant may not be released except by 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. 916.17. Such defendant may not be released from the conditions of release except by order of the committing court.
History.—s. 1, ch. 80-75; s. 7, ch. 83-274; s. 20, ch. 98-92; s. 15, ch. 2006-195.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 916 - Mentally Ill and Intellectually Disabled Defendants › Part II - Forensic Services for Persons Who Are Mentally Ill (Ss. 916.111-916.185) › 916.17 - Conditional release.

916.17 Conditional release.—
(1) Except for an inmate currently serving a prison sentence, the committing court may order a conditional release of any defendant in lieu of an involuntary commitment to a facility pursuant to s. 916.13 or s. 916.15 based upon an approved plan for providing appropriate outpatient care and treatment. Upon a recommendation that outpatient treatment of the defendant is appropriate, a written plan for outpatient treatment, including recommendations from qualified professionals, must 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 shall include:
(a) Special provisions for residential care or adequate supervision of the defendant.
(b) Provisions for outpatient mental health services.
(c) If appropriate, recommendations for auxiliary services such as vocational training, educational services, or 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 court regarding the defendant’s compliance with the conditions of the release and progress in treatment, 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 to the point that inpatient care is required, 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. After the hearing, the court may modify the release conditions. The court may also order that the defendant be returned to the department if it is found, after the appointment and report of experts, that the person meets the criteria for involuntary commitment under s. 916.13 or s. 916.15.
(3) If at any time it is determined after a hearing that the defendant who has been 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. 1, ch. 80-75; s. 37, ch. 85-167; s. 1534, ch. 97-102; s. 21, ch. 98-92; s. 16, ch. 2006-195.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 918 - Conduct of Trial › 918.015 - Right to Speedy Trial.

918.015 Right to speedy trial.—
(1) In all criminal prosecutions the state and the defendant shall each have the right to a speedy trial.
(2) The Supreme Court shall, by rule of said court, provide procedures through which the right to a speedy trial as guaranteed by subsection (1) and by s. 16, Art. I of the State Constitution, shall be realized.
History.—s. 195, ch. 19554, 1939; CGL 1940 Supp. 8663(202); s. 6, ch. 71-1(B).
Note.—Former s. 916.01.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 918 - Conduct of Trial › 918.0155 - Expeditious Disposition of Particular Criminal Cases Involving a Child Under Age 16.

918.0155 Expeditious disposition of particular criminal cases involving a child under age 16.—Every criminal case prosecuted under chapter 782, chapter 784, chapter 787, chapter 794, chapter 796, chapter 800, chapter 827, or chapter 847 which involves the abuse of a child or unlawful sexual contact or acts performed in the presence of, with, or upon a child under the age of 16 shall be heard and disposed of as expeditiously as possible.
History.—s. 1, ch. 85-53; s. 23, ch. 2010-117.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 918 - Conduct of Trial › 918.0157 - Right to Trial by Jury.

918.0157 Right to trial by jury.—In each prosecution for a violation of a state law or a municipal or county ordinance punishable by imprisonment, the defendant shall have, upon demand, the right to a trial by an impartial jury in the county where the offense was committed, except as to any such prosecution for a violation punishable for a term of imprisonment of 6 months or less, if at the time the case is set for trial the court announces that in the event of conviction of the crime as charged or of any lesser included offense a sentence of imprisonment will not be imposed and the defendant will not be adjudicated guilty, unless a right to trial by jury for such offense is guaranteed under the State or Federal Constitution.
History.—s. 1, ch. 86-115.
2023 Florida Statutes › Title XLVII - Criminal Procedure and Corrections › Chapter 918 - Conduct of Trial › 918.016 - Trial of Remaining Defendants After Grant of Continuance to Others.

918.016 Trial of remaining defendants after grant of continuance to others.—When a continuance is granted to one or more of several defendants, the court may proceed with the trial of the defendants who have not been granted a continuance.
History.—s. 202, ch. 19554, 1939; CGL 1940 Supp. 8663(210); s. 110, ch. 70-339.
Note.—Former s. 916.09.