CopyCited 151 times | Published | Supreme Court of Florida | 2002 WL 31319386
...voluntarily committed for long-term care and treatment. The Legislature concluded that the existing involuntary commitment procedures under the Baker Act are inadequate to treat "a small but extremely dangerous number of sexually violent predators." § 394.910, Fla....
...icant in Hendricks. On its face, the Florida statute was clearly intended to create a civil commitment scheme "to address the risk these sexually violent predators pose to society" and to provide "long-term care and treatment" for these individuals. § 394.910, Fla....
...ngage in acts of sexual violence. Further, the affirmative restraint of "a small but extremely dangerous number of sexually violent predators" who "pose [a risk] to society" because they are "likely to engage in criminal, sexually violent behavior," § 394.910, Fla....
...While the Legislature recognized that sexually violent predators are not amenable to treatment under the "existing mental illness treatment modalities," it has also made a determination that "long-term care and treatment of sexually violent predators" is possible. § 394.910, Fla....
...they could not be successfully treated for their afflictions." Id. The Legislature has determined that these individuals pose a risk to society because there is a high likelihood that they will engage in repeat acts of predatory sexual violence. See § 394.910, Fla....
...from other mentally ill persons. Sexually violent predators "have antisocial personality features which are unamenable to existing mental illness treatment modalities" and which "render them likely to engage in criminal, sexually violent behavior." § 394.910, Fla....
...QUINCE, J., concurs in result only with an opinion. PARIENTE, J., concurs in part and dissents in part with an opinion, in which ANSTEAD, C.J., and SHAW, J., concur. *113 QUINCE, concurring in result only. If this Court were writing on a clean slate, I would vote to declare this statute, sections 394.910-.930, Florida Statutes (2000), commonly known as the Jimmy Ryce Act, unconstitutional for a variety of reasons, the most glaring of which is the due process of law violation....
...However, by that time, the defendants may already be in detention for several months beyond their original release dates. And certainly during these months prior to the trial of these cases, the defendants are not receiving treatment one of the ostensible purposes of the Jimmy Ryce Act. See § 394.910, Fla....
...define "likely." The majority acknowledges that the Act encompasses only those individuals who pose a risk to society because there is a "high likelihood that they will engage in repeat acts of predatory sexual violence." Majority op. at 102 (citing § 394.910, Fla....
...to indefinite confinement. Adequate jury instructions were not given in this case. Therefore, a serious injustice will result if Westerheide is not given a new trial with proper jury instructions. ANSTEAD, C.J., and SHAW, J., concur. NOTES [1] See §§ 394.910-.930, Fla....
CopyCited 77 times | Published | Supreme Court of Florida | 2002 WL 31317996
...He was scheduled to be released on October 28, 1999. On the day he was scheduled to be released, the State filed a petition to civilly commit Goode as a sexually violent predator pursuant to what is commonly known as the Jimmy Ryce Act (the Ryce Act), [1] sections 394.910-.931, Florida Statutes (1999) (entitled "Involuntary Civil Commitment of Sexually Violent Predators")....
...*820 ANALYSIS The Ryce Act sets out a scheme for the continued detention of persons who have been convicted and imprisoned in Florida for certain sexual offenses. Sections
394.918-.930 of the Ryce Act provide for the civil commitment of "sexually violent predators" after their criminal sentences have expired. See §§
394.910-.931, Fla....
...ted while offenders are still in prison. Clearly, the Legislature's goal was to protect the public in a way that did not violate the constitutional rights guaranteed to individuals who were potentially subject to a lifetime of civil commitment. [14] Section 394.910, Florida Statutes, entitled "Legislative findings and intent," states: The Legislature finds that a small but extremely dangerous number of sexually violent predators exist who do not have a mental disease or defect that renders them...
CopyCited 54 times | Published | Florida 5th District Court of Appeal | 2000 WL 1434081
...d after the Legislature recognized the existence of a "small but extremely dangerous number of sexually violent predators ... who do not have a mental disease or defect that renders them appropriate for involuntary treatment under the Baker Act...." § 394.910, Fla....
...nal under the first prong of the test. The Florida Act is formally entitled "Involuntary Civil Commitment of Sexually Violent Predators," which alone indicates that the Act is intended to be civil. Furthermore, the Legislature specifically stated in section 394.910, Florida Statutes (1999) that "[i]t is therefore the intent of the Legislature to create a civil commitment procedure for the long-term care and treatment of sexually violent predators." In addition, other factors demonstrate that Flo...
...ndatory training. This is a clear indication to me that the law has leap-frogged over sound medical and scientific principles, and embraced concepts founded largely on hope, faith and fear. NOTES [1] Currently, the Jimmy Ryce Act appears as sections 394.910-.930, Florida Statutes (1999)....
...[2] The Act was originally found in sections 916.31-916.49, Florida Statutes (Supp.1998) which became effective on January 1, 1999. See Ch. 98-64, § 24, at 276, Laws of Fla. Shortly thereafter, the Legislature amended and renumbered the Act as sections 394.910.930, which are currently located in Part V, Chapter 394 of the Florida Statutes entitled "Involuntary Civil Commitment of Sexually Violent Predators." See Ch....
CopyCited 25 times | Published | Supreme Court of Florida | 2004 WL 1064790
...He was sentenced to fifteen years in prison, with eight years of the sentence suspended for probation with sexual offender counseling. [1] On May 27, 1999, four days before Harris's tentative release date from prison, the State filed a petition seeking civil commitment under the Ryce Act. See §§ 394.910-.931, Fla....
...We also emphasized that involuntary civil commitments are civil in nature, not criminal: "[T]he affirmative restraint of `a small but extremely dangerous number of sexually violent predators' who `pose [a risk] to society' because they are `likely to engage in criminal, sexually violent behavior,' § 394.910, Fla....
...rve no more than a split sentence of incarceration and probation." Id. The First District's reasoning assumes that civil commitment under the Ryce Act is punishment. We already have held that it is not. See Westerheide,
831 So.2d at 98-104; see also §
394.910, Fla....
CopyCited 20 times | Published | Supreme Court of Florida | 2004 WL 2973859
...In this case, which we have considered together with State v. White, No. SC02-2277,
891 So.2d 502,
2004 WL 2973858 (Fla. Dec. 23, 2004), we decide whether the State presented sufficient evidence that the petitioner, William Hale, is a sexually violent predator under the Jimmy Ryce Act, sections
394.910-.931, Florida Statutes (1999), and whether the Act requires that the person whom the State seeks to commit be currently incarcerated for a sexually violent offense....
...e was not in custody for a sexually violent offense. We first clarify that this case is controlled by the original version of the Act contained in sections 916.31-.49, Florida Statutes (Supp.1998), not the 1999 version. The amended version, sections 394.910-.931, Florida Statutes (1999), did not become effective until May 26, 1999....
...PARIENTE, C.J., dissenting. The Jimmy Ryce Act, which had its impetus in a horrific crime of sexual violence against a young child, ostensibly targets for involuntary civil commitment "a small but extremely dangerous number of sexually violent predators." § 394.910, Fla....
CopyCited 16 times | Published | Florida 1st District Court of Appeal | 2002 WL 1770486
...he Act was aimed at "a small but extremely dangerous number of sexually violent predators ... who do not have a mental disease or defect that renders them appropriate for involuntary treatment under the Baker Act (§§
394.451-394.4789, Fla.Stat.)." §
394.910, Fla....
...by clear and convincing evidence is sufficient for due process purposes. Addington v. Texas,
441 U.S. 418, 432-33,
99 S.Ct. 1804,
60 L.Ed.2d 323 (1979); In re Beverly,
342 So.2d 481, 488 (Fla.1977). The Act provides for involuntary civil commitment. §
394.910, Fla....
...to show that there is no conceivable factual predicate which would rationally support the classification." Fla. High School Activities Ass'n, Inc. v. Thomas,
434 So.2d 306, 308 (Fla.1983). The legislature set out its reasons for adopting the Act in section
394.910, Florida Statutes (2000)....
...Appellant claims that the Act violates the ex post facto and double jeopardy clauses of the federal and state constitutions when applied retroactively to him because it is punitive on its face, and serves as a second punishment. However, it is clear from the statement of legislative findings and intent (§ 394.910) that the Act was intended to establish an involuntary civil commitment scheme substantively similar to the Kansas Sexually Violent Predator Act, which the Supreme Court concluded in Hendricks was civil in nature....
CopyCited 14 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 19053, 2010 WL 3527536
...five years probation. Bauder appealed his conviction and sentence, which were
affirmed by the appellate court. The Florida Supreme Court dismissed Bauder’s
subsequent petition for review.
1
Florida’s civil commitment statute, Fla. Stat. § 394.910, et seq., allows the State of
Florida to indefinitely detain individuals adjudicated to be sexually violent predators beyond their
period of criminal incarceration.
2
Bauder then filed a motion for post-conviction relief pursuant to Fla. R.
Crim. P. 3.850, in which he alleged that his attorney misadvised him by informing
him, prior to his plea, that he could not face involuntary civil commitment under
Florida law pursuant to Fla. Stat. § 394.910, et seq.....
...In support,
the State cites a number of cases holding that attorneys cannot be found to have
deficient performance when they fail to anticipate changes in law. While it is true
that attorneys are not expected to anticipate changes in the law, this case does not
involve a change in the law. Fla. Stat. § 394.910, et seq., was passed in 1999,
years before Bauder’s plea....
CopyCited 13 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 5302622
...Huck, United States District Judge for the Southern District of Florida,
sitting by designation.
Case: 12-11144 Date Filed: 09/23/2013 Page: 2 of 21
Appellant James Pesci, a civil detainee at the Florida Civil Commitment
Center (FCCC), is involuntarily committed pursuant to Fla. Stat. § 394.910 et seq.,
the “Involuntary Civil Commitment of Sexually Violent Predators Act,” commonly
referred to as the “Jimmy Ryce Act.” The Act provides for involuntary civil
commitment of a sex offender who is determined to be a sexually...
CopyCited 13 times | Published | Supreme Court of Florida | 2004 WL 2973858
...Duffy, Assistant Attorney General, Tallahassee, FL, for Petitioner. Nancy A. Daniels, Public Defender and Robert S. Friedman, Assistant Public Defender, Second Judicial Circuit, Tallahassee, FL, for Respondent. CANTERO, J. The Jimmy Ryce Act, sections 394.910-.931, Florida Statutes (1999), provides for the involuntary civil commitment of persons found to be sexually violent predators....
...Use of "likely" rather than "reasonably expected" indicates the legislature intended to adopt a more stringent standard in the SVP act. Leon G., 59 P.3d at 787 (citations omitted). Florida's Jimmy Ryce Act contains the same legislative findings as Arizona on the likelihood of reoffending by sexually violent predators. See § 394.910, Fla....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2000 WL 873331
...That subsection provides that an offender who is found to be a sexual predator must register as such in accordance with subsection
775.21(6) and is subject to community and public notification requirements in accordance with subsection
775.21(7). [2] The "Jimmy Ryce Act," now appearing at section
394.910-394.931, Florida Statutes (1999).
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2006 WL 2933884
...19) The parties agree and understand that the contents of this agreement apply only to the action now pending, and any subsequent amendments thereto. That is, should the Respondent at some future time engage in activity that once again subjects him to the statutory provisions contained in Section 394.910 et seq....
...or are likely to recur." Holly v. Auld,
450 So. 2d 217, 218 n. 1 (Fla. 1984). DISMISSED as moot. BROWNING, C.J., ERVIN, and BENTON, JJ., CONCUR. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. NOTES [1] §§
394.910-.931, Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2001 WL 201527
...The State appeals the final order which dismissed with prejudice its petition seeking the involuntary civil commitment of Stephen Lloyd Osborne as a sexually violent predator pursuant to the Involuntary Civil Commitment of Sexually Violent Predators Act, commonly known as the "Jimmy Ryce Act" ("the Act"). See §§ 394.910-394.931, Fla.Stat....
...reatment provided by Florida's Baker Act [1] because "a small but extremely dangerous number of sexually violent predators exist who do not have a mental disease or defect that renders them appropriate for involuntary treatment under the Baker Act." § 394.910, Fla.Stat....
CopyCited 7 times | Published | Supreme Court of Florida | 2008 WL 150527
...re is allowed to, and has a rational basis for, narrowing the group eligible for civil commitment if it wishes to do so. The Legislature from the outset intended commitment under the Act to be targeted for a small group of dangerous individuals. See § 394.910, Fla....
...y broaden the scope of the Act. This legislative history clearly lends support to Judge Cope's conclusion that the change in the wording of section 916.45 was intended to narrow the Act's reach, not broaden it. PARIENTE, J., concurs. NOTES [1] See §§ 394.910-.931, Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 19251, 2003 WL 22970952
...offender treatment as part of Harter's continuing commitment for insanity. We therefore grant the petition for writ of certiorari, and quash the order under review. PETITION GRANTED; ORDER QUASHED. SHARP, W., and GRIFFIN, JJ., concur. NOTES [1] See § 394.910, et seq., Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2006 WL 2356073
...to have him declared a "sexually violent predator" and involuntarily committed to the custody of the Florida Department of Children and Families ("the Department") for care, control, and treatment pursuant to the Jimmy Ryce Act, ("the Ryce Act"), §§ 394.910-930, Fla....
...n "[that group of] small but extremely dangerous number of sexually violent predators" for whom the existing involuntary commitment programs may be inadequate but whose predilection for "engaging in repeat acts of predatory sexual violence is high." § 394.910, Fla....
...re is allowed to, and has a rational basis for, narrowing the group eligible for civil commitment if it wishes to do so. The Legislature from the outset intended commitment under the Act to be targeted for a small group of dangerous individuals. See § 394.910, Fla....
...ake them a danger to themselves and the community. See §§
394.451-394.4789, Fla. Stat. (2005). The Ryce Act is intended to serve and incapacitate individuals for whom a Baker Act commitment is inappropriate or, at a minimum, less than optimal. See §
394.910, Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2000 WL 1298772
...n of insanity, this provision, under Florida law, is illusory. The legislature has acknowledged that this act is concerned with that "small but extremely dangerous number of sexually violent predators ... who do not have a mental disease or defect." Section 394.910, Florida Statutes....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2004 WL 2363861
...Crist, Jr., Attorney General, Tallahassee, and Janet A. McDonald, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee. LEVENS, WILLIAM P., Associate Judge. Gary Burton seeks review of his civil commitment as a sexually violent predator under the Jimmy Ryce Act, section 394.910-.931, Florida Statutes (1999) ("the Act")....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 4191, 2010 WL 1222737
...r with the department as a sexual predator. §
775.21(5)(c) (emphasis added). However, this provision likewise is inapplicable on its face because subparagraph (a)1 pertains only to offenders who have been civilly committed under the Jimmy Ryce Act, §
394.910, Fla....
...'s intent. See V.K.E. v. State,
934 So.2d 1276, 1286 (Fla.2006). Moreover, there exists an articulable rationale for the statute as it appears. The Jimmy Ryce Act applies to "a small but extremely dangerous number of sexually violent predators." See §
394.910....
CopyCited 3 times | Published | Supreme Court of Florida | 2005 WL 2095666
...subsequent such as conditions of probation. (e) Provides a readily available record (either oral or by use of standard forms) in all cases where a felony is charged. (h) Rewording of federal rule 11(e)(6). 2005 Amendment. Rule 3.172(c)(9) added. See section 394.910, et seq., Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1196083
...Curry seeks a petition for writ of certiorari to quash a circuit court order which denied his motion to dismiss the State's petition for his civil commitment pursuant to the Jimmy Ryce Involuntary Civil Commitment of Sexually Violent Predators Treatment and Care Act. See § 394.910-.931, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2003 WL 21697341
...onths probation under "Gort Act" status. [1] Shortly before his scheduled release from prison, the state filed a petition seeking the involuntary civil commitment of Marsh as a sexually violent predator pursuant to the "Jimmy Ryce Act" ("Ryce Act"), section 394.910, et seq., Florida Statutes (2001)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 18333, 2010 WL 4861512
...s of jurisdiction over him by his own decision to delay a postconviction motion so that, on recalculation, his sentence expired before the unpreserved error was corrected. NOTES [1] The Involuntary Civil Commitment of Sexually Violent Predators Act, section 394.910.931, Florida Statutes (1999), is also known as the Jimmy Ryce Act....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2004 WL 1856023
...to rule 9.310(b)(2), Florida Rules of Appellate Procedure. [1] The stay was imposed upon an order entered by the trial court which dismissed the civil commitment petition which the State had filed against Ducharme under the Jimmy Ryce Act, sections 394.910-394.931, Florida Statutes (2000)....
...The stated purpose of the Act is to create a civil commitment procedure for "a small but extremely dangerous number of sexually violent predators [that] exist who do not have a mental disease or defect that renders them appropriate for involuntary treatment under the Baker Act." § 394.910, Fla....
...Hence "[t]he purpose of the Act is to protect society from `repeat acts of predatory sexual violence' and to provide `long-term care and treatment of sexually violent predators.'" Sirmons v. Regier,
846 So.2d 1151, 1153 (Fla. 2d DCA 2003) (quoting §
394.910, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2003 WL 21766245
...for Appellee. MONACO, J. After a jury trial finding the appellee, Steven Klein, to be a sexually violent predator, he was committed to the custody of the Department of Children and Families in accordance with the requirements of the Jimmy Ryce Act, section 394.910, et seq., Florida Statutes (2001)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2002 WL 731699
...Duffy, Assistant Attorney General, Tallahassee, for Appellee. ERVIN, J. These consolidated appeals raise various issues resulting from appellant's involuntary civil commitment as a sexually violent predator pursuant to the Jimmy Ryce Act (sections 394.910-931, Florida Statutes (1999))....
...98-64, § 24, at 455, Laws of Fla. Since amended, [9] these provisions are now located in Part V, Chapter 394 of the Florida Statutes, entitled "Involuntary Civil Commitment of Sexually Violent Predators," See Ch. 99-222, § 1, at 1373, Laws of Fla. (codified as §§ 394.910-.931, Fla....
...robably recurring question, so that our supreme court will have an opportunity to address it. POLSTON, J. dissenting. Appellant Morris Harris was found to be a sexually violent predator pursuant to what is commonly known as the Jimmy Ryce Act. See §§ 394.910-394.931, Fla....
...tment. [10] Appellant's commitment pursuant to the Jimmy Ryce Act is civil rather than criminal. The Florida Legislature expressly stated its intent that the Act be considered civil in nature, and Florida courts have construed it in that manner. See § 394.910, Fla....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2010 WL 2222473, 2010 U.S. App. LEXIS 11384
...ederal law, the district court properly denied relief and we affirm. In 2000, the state of Florida filed a petition in state court to classify Walker a sexually violent predator under state law and have him committed to state custody. See Fla. Stat. § 394.910....
...e clearly established, his right against the admission of testimonial hearsay in the civil commitment context is not. Florida law establishes a civil commitment procedure for the long-term care and treatment of sexually violent predators. Fla. Stat. § 394.910; State v....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2003 WL 289463
...Sirmons requests that this court issue a writ of prohibition directing the trial court to enter an order dismissing the State's petition for involuntary civil commitment filed pursuant to the Jimmy Ryce Involuntary Civil Commitment of Sexually Violent Predators' Treatment and Care Act (the Act), sections 394.910-.931, Florida Statutes (2001)....
...Otherwise, he would have been immediately subject to the procedure outlined in section
394.9135. The purpose of the Act is to protect society from "repeat acts of predatory sexual violence" and to provide "long-term care and treatment of sexually violent predators." §
394.910....
CopyCited 2 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 211, 2013 Fla. LEXIS 567, 2013 WL 1338042
...The Jimmy Ryce Act The Involuntary Civil Commitment of Sexually Violent Predators Act, sections 916.31-49, Florida Statutes (1999), became effective on January 1, 1999. See ch. 98-64, § 24, at 455, Laws of Fla. Effective May 26, 1999, the Act was superseded, amended and renumbered to sections 394.910-.932, Florida Statutes (1999). See ch. 99-222, § 1, at 961, § 29, at 972, Laws of Fla. The Act “create[d] a civil commitment procedure for the long-term care and treatment of sexually violent predators.” 2 § 394.910, Fla....
...at 1247, and find that “no constitutional ground has been established to preclude application of the Act to Phillips,” dissenting op. at 1246. While the State has a significant interest in “creatfing] a civil commitment procedure for the long-term care and treatment of sexually violent predators,” § 394.910, Fla....
...[T]he likelihood of sexually violent predators engaging in repeat acts of predatory sexual violence is high.... [T]he prognosis for rehabilitating sexually violent predators in a prison setting is poor, [and] the treatment needs of this population are very long term. § 394.910, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 5829, 2003 WL 1936408
...Mitchell was convicted of committing three lewd, lascivious or indecent acts on children during 1994 and 1995, and was sentenced to state prison. Prior to his release from prison, the State sought to commit Mitchell involuntarily pursuant to the Jimmy Ryce Act, § 394.910, et seq., Florida Statutes....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 12726, 2010 WL 3418334
...Craig Williams (“Williams”) appeals from an order summarily denying, as untimely, his petition for a writ of habeas corpus. We reverse. The State petitioned to have Williams committed as a sexually violent predator under Florida’s Involuntary Civil Commitment of Sexually Violent Predators Act (“Jimmy Ryce Act”), section 394.910-.930, Florida Statutes (2007)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 15802, 2009 WL 3365634
PER CURIAM. The State of Florida (“the State”) appeals the trial court’s final judgment finding that John Fullwood (“Fullwood”) was not a sexually violent predator in need of involuntary civil commitment under section 394.910, Florida Statutes (2006)....
...A jury convicted Fullwood of three separate counts of sexual battery, and the trial court sentenced him to 15 years in prison. Before completing his sentence, the State sought to declare Fullwood a sexually violent predator and involuntarily commit him under section 394.910....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
...e a "recapture" provision for offenders described in subsection (5)(a)2. However, [ section
775.21(5)(c) ] ... is inapplicable on its face because subparagraph (a)1 pertains only to offenders who have been civilly committed under the Jimmy Ryce Act, §
394.910, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 44 Media L. Rep. (BNA) 2073, 2016 Fla. App. LEXIS 4928, 2016 WL 1239868
...eatment modalities for people
appropriate for commitment under the Baker Act. It is therefore the
intent of the Legislature to create a civil commitment procedure for
the long-term care and treatment of sexually violent predators.
§ 394.910, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 2663, 2011 WL 709881
...This isn't about a murder, he's not accused of a murder, he's not suspected of a murder. So I don't know how much more clearer [sic] I can be, but hopefully that's clear enough. The Involuntary Civil Commitment of Sexually Violent Predators Act, sections
394.910-932, Florida Statutes, also known as the Jimmy Ryce Act, requires the state to prove by "clear and convincing evidence" that "the person is a sexually violent predator." §
394.917(1), Fla. Stat. The law is geared towards providing "long-term care and treatment" to those persons who are likely to engage in "repeat acts of predatory sexual violence." §
394.910, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2013 WL 2451347, 2013 Fla. App. LEXIS 8996
...(2012) (providing that similar fact evidence of other crimes, wrongs, or acts is generally inadmissible when it is only relevant to prove bad character or propensity but creating exceptions to this rule for cases where the defendant is charged with child molestation or a sexual offense); § 394.910, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...Raemy Charest-Turken,
Assistant Attorney General, for appellee.
Before LAGOA, EMAS and FERNANDEZ, JJ.
EMAS, J.
INTRODUCTION
Robert Gering appeals from a final judgment adjudicating him a sexually
violent predator and ordering his commitment to the Florida Civil Commitment
Center, pursuant to sections 394.910-394.932, Florida Statutes (2016) (“the Jimmy
Ryce Act”) and the Florida Rules of Civil Procedure for Involuntary Commitment
of Sexually Violent Predators (Fla....
...procedure, our standard of review is de novo. State v. Phillips,
119 So. 3d 1233
(Fla. 2013).
The Florida Legislature enacted the Jimmy Ryce Act for the purpose of
creating “a civil commitment procedure for the long-term care and treatment of
sexually violent predators.” §
394.910, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2000 WL 60930
...ORDER TRANSFERRING PETITION FOR WRIT OF HABEAS CORPUS TO SECOND DISTRICT COURT OF APPEAL KLEIN, J. Petitioner, who seeks a writ of habeas corpus, was convicted of sexual offenses in Collier County. [1] Before his release date the state sought to have him committed under sections
394.910
394.931, Florida Statutes (1999), entitled "Involuntary Civil Commitment of Sexually Violent Predators," also known as the *1062 Jimmy Ryce Act....
...We cannot review an order of such a court where the order is "merely defective, irregular, or insufficient in form or substance." Id. at 816. Considering that this is not a criminal proceeding, but rather a "civil commitment procedure for the long-term care and treatment of sexually violent predators," section 394.910, we conclude that the Collier County judge's order refusing to discharge petitioner for a violation of his right to a speedy trial is not a void or illegal order over which we are authorized to exercise habeas corpus review....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2004 WL 3059209
...ng evidence." While Florida Rule of Juvenile Procedure 8.350 is silent as to the burden of proof to be applied, this Court has reviewed both the Baker Act (Florida Statutes §
394.451) and what has been called the "Jimmy Ryce Act," (Florida Statutes §
394.910)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 12894, 2011 WL 3586153
...ing and providing treatment to persons detained and committed as sexually violent predators. Plaintiff is a detainee pursuant to the Involuntary Civil Commitment of Sexually Violent Predators’ Treatment and Care Act (f/k/a the "Jimmy Ryce Act”), section 394.910, Florida Statutes....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 2921, 2009 WL 937147
...Lavender v. State,
650 So.2d 1137 (Fla. 5th DCA 1995) (No. 93-2700). His judgment and sentence became final on April 28, 1997, and he finished serving his 1993 sentence in 2000. At that time, Lavender was civilly committed pursuant to the Jimmy Ryce Act. §
394.910, et seq., Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2002 WL 1798752
...Carney, Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. We affirm the trial court's order denying appellant's motion to enforce a plea agreement, without prejudice to raising this issue in the civil commitment proceedings under sections 394.910-.931, Florida Statutes (1999) (the Jimmy Ryce Act)....
...We hereby grant appellee's motion for rehearing as a result of the recent Florida Supreme Court opinion, Murray v. Regier, 27 Fla. L. Weekly S1008, ___ So.2d ___,
2002 WL 31728885 (Fla. Dec. 5, 2002). Bernardo Garcia brought this appeal contesting the state's ability to file a petition to commit him under the Jimmy Ryce Act, section
394.910-931, Florida Statutes (1999), in light of a previous plea agreement entered between Garcia and the State....
CopyPublished | Supreme Court of Florida
...subsection applicable to McKenzie. See Cuevas,
31 So. 3d at 294
(Shepherd, J., dissenting) (“However, [section
775.21(5)(c)] . . . is
inapplicable on its face because subparagraph (a)1 pertains only to
offenders who have been civilly committed under the Jimmy Ryce
Act, §
394.910, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...After
careful consideration and with the benefit of oral argument, we now affirm in part
and reverse in part.
I.
A. Background Facts
Bilal is civilly committed at the FCCC under Florida’s Involuntary Civil
Commitment of Sexually Violent Predators Act, Fla. Stat. § 394.910, et seq.,
commonly known as the Jimmy Ryce Act....
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 16160, 2002 WL 31487168
PER CURIAM. In this civil commitment case filed pursuant to the Jimmy Ryce Involuntary Civil Commitment for Sexually Violent Predators’ Treatment and Care Act, section 394.910 -.931, Florida Statutes (2000), Edward Allen Singleton petitions this court for a writ of certiorari requesting that we quash the trial court’s order granting the State’s motion to compel discovery with respect to certain interrogatories and requests for production....
CopyPublished | Florida 5th District Court of Appeal | 2005 WL 2899475
...adversarial hearing. At this hearing, the judge shall: (a) Receive evidence and hear argument from the person and the state attorney; and (b) Determine whether probable cause exists to believe that the person is a sexually violent predator. [9] See § 394.910 "Legislative findings and intent."
CopyPublished | Court of Appeals for the Eleventh Circuit
...After
careful consideration and with the benefit of oral argument, we now affirm in part
and reverse in part.
I.
A. Background Facts
Bilal is civilly committed at the FCCC under Florida’s Involuntary Civil
Commitment of Sexually Violent Predators Act, Fla. Stat. § 394.910, et seq.,
commonly known as the Jimmy Ryce Act....
CopyPublished | Florida 5th District Court of Appeal | 2012 WL 1885921, 2012 Fla. App. LEXIS 8436
...trial court. State v. Wilford,
720 So.2d 617, 618-19 (Fla. 5th DCA 1998). Additionally, we reject Brown’s challenge *1035 to the Jimmy Ryce Act. See Westerheide v. State,
831 So.2d 93 (Fla.2002). AFFIRMED. SAWAYA, COHEN and JACOBUS, JJ., concur. . §
394.910, et seq., Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 7240, 2005 WL 1162951
...1 Given this court’s recent decision in Parole Commission v. Smith,
896 So.2d 966, 970 (Fla. 2d DCA 2005), concluding that “an individual may be on conditional release supervision while detained under the Ryce Act,” we reverse. Reversed. NORTHCUTT and VILLANTI, JJ., concur. . §
394.910-.931, Fla....
CopyPublished | Florida 5th District Court of Appeal
...e a "recapture" provision for offenders described in subsection (5)(a)2. However, [ section
775.21(5)(c) ] ... is inapplicable on its face because subparagraph (a)1 pertains only to offenders who have been civilly committed under the Jimmy Ryce Act, §
394.910, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 6400, 2002 WL 948281
NORTHCUTT, Judge. Isaiah Graham petitions this court for a writ of habeas corpus ordering his immediate release from pretrial detention under the Jimmy Ryce Act. See §
394.910—
394.931, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 3045, 2005 WL 544223
...Heath based upon Johnson rather than following preeminent prescriptions of the Act. Accordingly, we *1259 grant the State’s petition for certiorari and quash the circuit court’s order releasing Mr. Heath from detention. The State petitioned for Mr. Heath’s commitment pursuant to section 394.910, Florida Statutes (1999), on May 29, 2001....
...The State originally filed a nonfinal appeal, which this court converted to a petition for writ of certiorari. See Krischer v. Ford,
847 So.2d 1050, 1051 (Fla. 4th DCA 2003) (holding that the appellate court lacks appeal jurisdiction over orders of release but that the State may seek review by petition for certiorari). . §§
394.910-931, Fla....
CopyPublished | Florida 3rd District Court of Appeal
... Appellant Clarence Lawton appeals a July 29, 2022 trial court order
finding no probable cause to conduct a trial on whether to release him from
civil commitment. Lawton was determined to be a sexually violent predator
under the Jimmy Ryce Act, section 394.910 et seq....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 3729, 2003 WL 1239643
...The statutory scheme indicates that it was not the legislature’s intent to equate Jimmy Ryce facilities with correctional facilities — state or private. On the contrary, Jimmy Ryce facilities are more in the nature of long-term treatment facilities for sexually violent predators. See § 394.910, Fla....
CopyPublished | Florida 3rd District Court of Appeal
...Assistant Attorney General, for appellee.
Before EMAS, MILLER, and LOBREE, JJ.
MILLER, J.
In this Jimmy Ryce Act case, appellant, Torrance Rogers, a sexually
violent predator, challenges his involuntary civil commitment, imposed
pursuant to section 394.910, et seq., Florida Statutes (2022), after he was
found in violation of numerous provisions of his negotiated plea agreement.
Relying upon a myriad of reported decisions, Rogers contends the
commitment order is legally infirm because it is devoid of any express finding
his violations were willful....
CopyPublished | Florida 1st District Court of Appeal
...l County.
Gary Flower, Judge.
June 4, 2018
PER CURIAM.
Following a three day jury trial in August 2011, Appellant
was found to be a sexually violent predator and civilly committed
under the Jimmy Ryce Act, sections 394.910-394.932, Florida
Statutes....
...successfully
treated for their afflictions.” Id. The Legislature has
determined that these individuals pose a risk to society
because there is a high likelihood that they will engage
in repeat acts of predatory sexual violence. See §
394.910, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...the
district court properly denied relief and we affirm.
In 2000, the state of Florida filed a petition in state court to classify Walker
a sexually violent predator under state law and have him committed to state
custody. See Fla. Stat. § 394.910....
...established, his right against the admission of testimonial hearsay in the civil
commitment context is not.
Florida law establishes a civil commitment procedure for the long-term care
and treatment of sexually violent predators. Fla. Stat. § 394.910; State v....
CopyPublished | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 10719, 2006 WL 1751747
CORTIÑAS, Judge. The Jimmy Ryce Involuntary Civil Commitment of Sexually Violent Predators Act (“Jimmy Ryce Act”), sections 394.910-930, Florida Statutes (2004), passed by the legislature in 1998, was aimed at “a small but extremely dangerous number of sexually violent predators.” § 394.910, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 8939, 2011 WL 2329596
...Pamela Jo Bondi, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee. GERBER, J. The appellant appeals the circuit court's order committing him as a sexually violent predator pursuant to the Jimmy Ryce Act, section 394.910 et seq., Florida Statutes (2009)....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 91, 2003 WL 47035
...irst district is hereby denied. However, we write to clarify our previous opinion in this case. Appellant Bernardo Garcia initially brought an appeal contesting the state’s ability to file a petition seeking to commit him under the Jimmy Ryce Act, section 394.910-.931, Florida Statutes, in light of a previous plea agreement entered into between himself and the state....
CopyPublished | Florida 5th District Court of Appeal | 2013 WL 275231, 2013 Fla. App. LEXIS 1038
PER CURIAM. William A. Evans challenges his involuntary civil commitment under the Involuntary Civil Commitment of Sexually Violent Predators Act, sections 394.910-.932, Florida Statutes (2006), commonly known as the “Jimmy Ryce Act” (hereinafter referred to as the “Ryce Act” or the “Act”)....
CopyPublished | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 1083, 2002 WL 125624
...ry to enable him to defend himself. He was involuntarily detained after the state initiated proceedings against him in January 1999 pursuant to the Involuntary Civil Commitment of Sexually Violent Predators Act, commonly known as the Jimmy Ryce Act. § 394.910, et seq....
CopyPublished | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 18272, 2002 WL 31777638
GRIFFIN, J. The State of Florida appeals the dismissal of a petition for involuntary commitment under the Jimmy Ryce Act. §§ 394.910-.931, Fla....
...That the Respondent’s sentence on case 97-313-CF-X expired on August 31, 2000. *456 3. That the Defendant was detained by the Department of Corrections beyond his release date for the purpose of an evaluation to determine if he met the criteria for commitment under Florida Statute
394.910 through
394.930....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 18820
...dence.” While Florida Rule of Juvenile Procedure 8.350 is silent as to the burden of proof to be applied, this Court has reviewed both the Baker Act (Florida Statutes §
394.451) and what has been called the “Jimmy Ryce Act,” (Florida Statutes §
394.910)....
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 18311, 35 Fla. L. Weekly Fed. D 2614
...ected at a point that will divest the Department of Children and Family Services from jurisdiction. I see no reason why this outcome should be required as a matter of law. NOTES [1] The Involuntary Civil Commitment of Sexually Violent Predators Act, section 394.910-931, Florida Statutes (2005), is also known as the Jimmy Ryce Act....
CopyPublished | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 12251, 2001 WL 991953
...cient law library to enable him to defend himself. He was involuntarily committed after the state initiated proceedings against him pursuant to the Involuntary Civil Commitment of Sexually Violent Predators Act, commonly known as the Jimmy Ryce Act. § 394.910, et seq....
CopyPublished | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 4887, 2007 WL 981654
...hat it was entered without affording Enriquez due process to show cause why such an order should not be entered. See Jordan v. State,
760 So.2d 973 (Fla. 2d DCA 2000). [2] Reversed and remanded for proceedings consistent with this opinion. NOTES [1] §
394.910, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2005 WL 734983
...We treat the Parole Commission's petition as a direct appeal [1] and reverse. BACKGROUND The Appellees were incarcerated with the Department of Corrections, and prior to their release from prison, they were *968 transferred to the custody of the Department of Children and Family Services pursuant to sections
394.910 to
394.931, Florida Statutes (2001, 2002, 2003), commonly referred to as the Jimmy Ryce Act (the Ryce Act)....
...Sexual predators are subject to the maximum level of supervision, with certain mandatory conditions, and the supervision continues through the end of the releasee's original court-imposed sentence. §
947.1405(6). The Ryce Act was enacted to protect society from sexually violent predators. Section
394.910 provides as follows: The Legislature finds that a small but extremely dangerous number of sexually violent predators exist who do not have *969 a mental disease or defect that renders them appropriate for involuntary treatment under t...
