Opinion
Case No. 97-1778
Opinion filed January 30, 1998.
An appeal from an order of Circuit Court Judge Kenneth Hosford, Gadsden County.
Nancy A. Daniels, Public Defender and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for appellant.
Lawrence F. Kranert, Jr., Chattahoochee, for appellee.
Erin Simpson appeals an order which authorized doctors at Florida State Hospital to treat her with various medications. We reverse.
Simpson was committed to Florida State Hospital pursuant to chapter 916, Florida Statutes, after being found incompetent to proceed to trial. The only treatment which may be judicially imposed after commitment, pursuant to chapter 916 is that authorized under section 916.107(3), and after such treatment is deemed necessary by the "treatment team." See Meeker v. State, 584 So.2d 169 (Fla. 1st DCA 1991);see also Vaughn v. State, No. 97-3101 ___ So.2d ___ (Fla. 1st DCA January 12, 1998). As in Meeker, there is no record evidence of the existence of a "treatment team" or that such a team deemed the treatment at issue to be necessary. Accordingly, we reverse.
Simpson has already been released from commitment and therefore, the only apparent effect of this decision is to prevent future collateral legal consequences. See Hills v. State, 699 So.2d 735 (Fla. 1st DCA 1997);Ozbourn v. State, 651 So.2d 795 (Fla. 1st DCA 1995).
MINER, WOLF, JJ., and SHIVERS, Senior Judge, CONCUR.