Florida/Georgia Personal Injury & Workers Compensation

...lity or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment" in order to meet the statutory definition of a sexually violent predator. § 394.912(10), Fla....

...In order to be deemed a sexually violent predator, it must be determined that the individual "[s]uffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment." § 394.912(10)(b), Fla....

...y violent predator, that is, the person "[s]uffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment. " § 394.912(10)(b), Fla....

...ed of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment. See § 394.912(10), Fla. Stat. (2001). The statute defines "mental abnormality" as "a mental condition affecting a person's emotional or volitional capacity which predisposes the person to commit sexually violent offenses." Id. § 394.912(5). "Likely to engage in acts of sexual violence" is defined as "the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others." Id. § 394.912(4)....

...By definition, a sexually violent predator "[s]uffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment. " Id. § 394.912(10)(b) (emphasis added)....

...iled to meet the Frye standard and should not have been admitted. However, Westerheide admits that he did not present this particular issue to either the trial court or the district court. Thus, the issue has not been preserved for review. [5] Under section 394.912(10), Florida Statutes (2001), a sexually violent predator is defined as any person who "[h]as been convicted of a sexually violent offense" and "[s]uffers from a mental abnormality or personality disorder that makes the person likely...

...[7] Under the statutory definition, an individual can be "convicted of a sexually violent offense" in three ways: the person has been adjudicated guilty or delinquent after a trial, guilty plea, or plea of nolo contendere or has been adjudicated not guilty by reason of insanity. See § 394.912(2), Fla....

...cted of a sexually violent offense; and (b) Suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment." § 394.912(10), Fla....

...ed of a sexually violent offense; and (b) [s]uffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment." § 394.912(10), Fla. Stat. (1999). A "mental abnormality" is defined as "a mental condition affecting a person's emotional or volitional capacity which predisposes the person to commit sexually violent offenses." § 394.912(5), Fla....

...e threat of commitment because they are, "by definition, suffering from a `mental abnormality' or a `personality disorder' that prevents them from exercising adequate control over their behavior." Hendricks, 521 U.S. at 362, 117 S.Ct. 2072; see also § 394.912(10), Fla....

...ed of a sexually violent offense; and (b) [s]uffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment." § 394.912(10), Fla. Stat. (1999). The Act defines the term "mental abnormality" as "a mental condition affecting a person's emotional or volitional capacity which predisposes the person to commit sexually violent offenses." § 394.912(5), Fla. Stat. (1999). The terminology "likely to engage in acts of sexual violence" is defined to mean "the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others." § 394.912(4), Fla....

...We also find that the term "mental abnormality" which is clearly defined as "a mental condition affecting a person's emotional or volitional capacity which predisposes the person to commit sexually violent offenses" is not unconstitutionally vague. See § 394.912(5), Fla....

...violence if not confined in a secure facility for long-term control, care, and treatment" because "the person's propensity to commit acts of sexual violence is of such a degree that the person poses a menace to the health and safety of others." See § 394.912(4), (5), (10), Fla....

...learly include the crime for which Westerheide was convicted in this case. But one troubling aspect allows such a classification for " any criminal act, that has at any time been determined beyond a reasonable doubt to have been sexually motivated." § 394.912(9)(h), Fla....

...Would peeping Toms and Janes, or stalkers qualify? The second part of the definition is the circular part: He or she "suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence, if not confined in a secure facility for long term control, care and treatment." § 394.912(10)(b), Fla....

...convicted of a sexually violent offense such as: murder while engaged in a sexual battery; kidnapping or false imprisonment of a child and the commission of a sexual battery or a lewd or indecent assault or act on the child; sexual battery, etc. See § 394.912(9), Fla....

...In addition, the jury must unanimously find that the person "[s]uffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment." § 394.912(10)(b), Fla....

...In order for the jury to conclude the defendant has a mental abnormality, the jury must find that the person has a mental condition affecting his or her "emotional or volitional capacity which predisposes the person to commit sexually violent offenses." § 394.912(5), Fla....

...(1999). The jury must further find that the person is likely to engage in acts of sexual violence, which means that "the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others." § 394.912(4), Fla....

...of Securities and Investor Protection v. Osborne Stern and Co., 670 So.2d 932 (Fla.1996) (where proceedings implicate the loss of one's livelihood, an elevated standard of proof is necessary to protect the rights and interests of the accused). [5] § 394.912(4), Fla....

...Further, for those older prisoners who continue to pose a substantial risk of reoffending after serving their sentences, in enacting the Jimmy Ryce Act the Legislature has created a powerful tool for keeping dangerous sexual offenders away from the public long after their sentences have ended. See §§ 394.912-394.931, Fla....

...A person who has completed a sentence for sexual battery may be civilly committed under the Ryce Act if the person is determined by a judge or jury to be suffering from "a mental abnormality or personality disorder that makes the person *755 likely to engage in acts of sexual violence if not confined in a secure facility." § 394.912(10)(b), 394.917(1), Fla....

...cted of a sexually violent offense and suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment. See §§ 394.912(10), 394.917....

...[7] The Jimmy Ryce Act applies to "sexually violent predators," who are those persons who have been convicted of a sexually violent offense and who suffer from "a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined." § 394.912(10), Fla....

...ually violent offense; or (h) Any criminal act that, either at the time of sentencing for the offense or subsequently during civil commitment proceedings under this part, has been determined beyond a reasonable doubt to have been sexually motivated. § 394.912(9), Fla....

...d of a sexually violent offense and (2) suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for longterm control, care, and treatment. See §§ 394.912(10), 394.917. Thus, a conviction for a qualifying offense provides one of the necessary elements for commitment. See § 394.912....

...Although the assessment itself is automatically triggered, whether or not the multidisciplinary team recommends commitment will depend upon an evaluation of the person's current mental state to determine whether he or she is likely to engage in acts of sexual violence if not confined. See §§ 394.913(3), 394.912(10)....

...erated sexually violent offense; and (2) suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment. See § 394.912(10), Fla....

...The jury instructions we approved in White tracked the statutory language: "`Likely to engage in acts of sexual violence' means a person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of other." White, op. at 503; see § 394.912(4), (10), Fla....

...WELLS, J., dissenting. I would approve the well-reasoned decision of the First District Court of Appeal in this case, which I conclude correctly applied the statute as intended by the Legislature. NOTES [1] "Agency with jurisdiction" is defined in section 394.912(1), Florida Statutes (2004), as follows: [T]he agency that releases, upon lawful order or authority, a person who is serving a sentence in the custody of the Department of Corrections, a person who was adjudicated delinquent and is committed to the custody of the Department of Juvenile Justice, or a person who was involuntarily committed to the custody of the Department of Children and Family Services upon an adjudication of not guilty by reason of insanity. § 394.912(1), Fla. Stat. (2004). This definition of "agency with jurisdiction" presupposes that the person is in custody. [2] "Total confinement" is defined in section 394.912(11), Florida Statutes (2004), as follows: [T]he person is currently being held in any physically secure facility being operated or contractually operated for the Department of Corrections, the Department of Juvenile Justice, or the Department of Children and Family Services....

...A person shall also be deemed to be in total confinement for applicability of provisions under this part if the person is serving an incarcerative sentence under the custody of the Department of Corrections or the Department of Juvenile Justice and is being held in any other secure facility for any reason. § 394.912(11), Fla....

...ised only when these other issues have been properly briefed and argued and are dispositive of the case. See Savona v. Prudential Ins. Co. of America, 648 So.2d 705, 707 (Fla.1995). We consider Murray's constitutional claim under this authority. [6] Section 394.912(10), Florida Statutes (2000), defines a sexually violent predator as any person who "[h]as been convicted of a sexually violent offense" and who "[s]uffers from a mental abnormality or personality disorder that makes the person likely...

...inding that the detainee meets the statutory definition of a sexual predator. § 394.917(1), Fla. Stat. (2001). One element of this civil commitment statute that must be proven is that the detainee is likely to commit future acts of sexual violence. § 394.912(10)(b), Fla....

...Butterworth, Attorney General; Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellee. WEBSTER, J. Appellant seeks review of a final order, entered following a non-jury trial, holding that he qualified as a "sexually violent predator" as that term is defined in section 394.912(10), Florida Statutes (2000), and committing him to the custody of the Department of Children and Family Services for control, care and treatment in a secure facility pursuant to section 394.917(2), Florida Statutes (2000)....

...of a sexually violent offense; and (b) [s]uffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for longterm control, care, and treatment." Id. § 394.912(10). A "sexually violent offense" is one of those listed in section 394.912(9), including sexual battery and attempted sexual battery. A "mental abnormality" is "a mental condition affecting a person's emotional or volitional capacity which predisposes the person to commit sexually violent offenses." Id. § 394.912(5)....

...e threat of commitment because they are, "by definition, suffering from a `mental abnormality' or a `personality disorder' that prevents them from exercising adequate control over their behavior." Hendricks, 521 U.S. at 362, 117 S.Ct. 2072; see also § 394.912(10), Fla....

...nfined after the expiration of their prison sentence. They are defined as persons who have been convicted of sexually violent offenses and who suffer from a condition which would make them likely to engage in acts of sexual violence if not confined. § 394.912(10)....

...olent offense” and who “[s]uffers from a mental abnormality or personality disorder that makes the person more likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.” Id. § 394.912(10)....

...d sexually violent offense; and (2) suffers from a mental *503 abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment. See § 394.912(10), Fla....

...ed of a sexually violent offense;" and (b) "suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment." § 394.912(10), Fla. Stat. (1999). Several of the terms used in the definition of a sexually violent predator are in turn defined. The term "sexually violent offense" is defined to include several specified crimes. § 394.912(9), Fla. Stat. (1999). [2] A "mental abnormality" is defined as "a mental condition affecting a person's emotional or volitional capacity which predisposes the person to commit sexually violent offenses." § 394.912(5), Fla. Stat. (1999). The phrase "likely to engage in *507 acts of sexual violence" means that "the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others." § 394.912(4), Fla....

...violent offenses," and "likely to engage in acts of sexual violence" as a "person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others." Fla. Std. Jury Instr. (Crim.) 32; see also § 394.912(4);(5), Fla....

...ment laws after Crane are also instructive regarding whether, in light of Crane, further clarifying instructions are required. The New Jersey Supreme Court construed an act with the same definition of "likely to engage in acts of sexual violence" as section 394.912(4), Florida Statutes (2004)....

...ld no more on this question than that "`likely to engage in acts of sexual violence' means the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others." This instruction tracks section 394.912(4), Florida Statutes....

...xually violent predators. Such persons must suffer from "a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment." § 394.912(10)(b) (emphasis added); see also § 394.912(5) ("`Mental abnormality' means a mental condition affecting a person's emotional or volitional capacity which predisposes the person to commit sexually violent offenses.")....

...of the child; 4. Sexual battery; 5. A lewd, lascivious, or indecent assault or act upon or in the presence of the child; 6. [ ] If applicable, insert the name of the comparable other state or federal felony conviction which the state has proved. See § 394.912(9)(g) Fla....

...lly motivated, or, if, having a conviction, it is one which is not stable but one which wavers and vacillates, then it has not been proven beyond every reasonable doubt. Whether a crime was sexually motivated may have been previously determined. See § 394.912(9)(h), Fla....

..."Likely to engage in acts of sexual violence" means a person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others. Comment This jury instruction is based upon the definitions found in sections 787.01, 787.02, 794.011, 800.04, 394.912, Florida.Statutes.; Chesebrough v....

...cted of a sexually violent offense; and (b) Suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment." § 394.912(10), Fla....

...t offense prior to the effective date of the Act. Section 394.925 is entitled "Applicability of act" and states: "This part applies to all persons currently in custody who have been convicted of a sexually violent offense, as that term is defined in s. 394.912(9), as well as to all persons convicted of a sexually violent offense and sentenced to total confinement in the future." [3] Thus, section 394.925 contemplates that, in order for the Act to apply, the person must be in custody or in "total...

...A person shall also be deemed to be in total confinement ... if the person is serving an incarcerative sentence under the custody of the Department of Corrections or the Department of Juvenile Justice *718 and is being held in any other secure facility for any reason. § 394.912(11)....

...that the custody was lawful. Mr. Gordon's untimely seizure was, in fact, unlawful. [5] The "agency with jurisdiction" is either the Department of Corrections, the Department of Juvenile Justice, or the Department of Children and Family Services. See § 394.912(1).

...Duffy, Assistant Attorney General, Tallahassee, for Appellee. WEBSTER, J. Appellant seeks review following the entry of a "Final Order of Adjudication and Order of Commitment" adjudging him to be a "sexually violent predator" within the meaning of section 394.912(10), Florida Statutes (2002) (a part of what is commonly referred to as the "Jimmy Ryce Act"), and committing him to the custody of the Department of Children and Family Services for control, care and treatment in a secure facility pursuant to section 394.917(2), Florida Statutes (2002)....

...We also affirm as to the first argument because we conclude that the use of risk-assessment instruments in this case satisfied the requirements of Frye v. United States, 293 F. 1013 (D.C.Cir.1923). I. The state filed a petition to have appellant declared a "sexually violent predator" as that term is defined in section 394.912(10), Florida Statutes....

...ld that the act does apply to appellant. Section 394.925, Florida Statutes (2000) provides: Applicability of act. This part applies to all persons currently in custody who have been convicted of a sexually violent offense, as that term is defined in section 394.912(9), as well as to all persons convicted of a sexually violent offense and sentenced to total confinement in the future. *1174 Section 394.912(9)(g) defines "sexually violent offense" as including "any federal conviction or conviction in another state for a felony offense that in this state would be a sexually violent offense." Section 394.912(11) defines "total confinement" as, among other things, "being held in any other secure facility for any reason." Section 394.913(1) provides: The agency with jurisdiction over a person who has been convicted of a sexually violent off...

...Appellant's argument that his current incarceration must be as a result of a sexually violent offense is refuted by the two other provisions of the Ryce Act, quoted above, which provide that a "sexually violent offense" includes federal convictions or convictions in other states. §§ 394.913(1) and 394.912(9)(g)....

...The Act defines a sexually violent predator as any person who has been convicted of a sexually violent offense and who "suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment." § 394.912(10)....

...that term is defined in the Act, and suffer from a "mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, *1139 care, and treatment." § 394.912(10), Fla....

..., care, and treatment." State v. White, 891 So.2d 502, 502-03 (Fla.2004). The first element was not disputed, as Shaw was previously convicted of sexual battery against his nine-year-old brother in violation of section 794.011, Florida Statutes. See § 394.912(9)(d), Fla....

...[3] The trial court's order simply grants Shaw's motion without elaboration. [4] For purposes of the Jimmy Ryce Act, a "mental abnormality" is defined as "a mental condition affecting a person's emotional or volitional capacity which predisposes the person to commit sexually violent offenses." § 394.912(5), Fla....

...the Department of Corrections (DOC), the Department of Juvenile Justice (DJJ), or the Department of Children and Family Services, or is serving an incarcerative sentence under the custody of DOC or DJJ and is being held in any other secure facility. § 394.912(11), Fla....

...We were also persuaded that this was the correct interpretation based on other sections of the Act. For example, we noted that the statute defines a "sexually violent offense" to include federal convictions or convictions from another state. See § 916.32(8)(g), Fla. Stat. (Supp.1998) (renumbered as § 394.912(9)(g), Fla....

...ind our reasoning in Hale applicable to the instant case. The statutory definition of a sexually violent offense applies to both clause one and clause two of section 394.925 and still includes federal convictions and convictions in other states. See § 394.912(9)(g) (defining "sexually violent offense" as including "any federal conviction or conviction in another state for a felony offense that in this state would be a sexually violent offense")....

...This notice is required not only for persons who have been convicted of a sexual offense in Florida, but also for those whose qualifying sexual offense was a prior conviction in another state or in a federal court. The 1999 amendment also expanded the definition of "total confinement" in section 394.912(10) to include those serving an incarcerative sentence under the custody of DOC or DJJ or being held in any other secure facility for any reason....

...ior convictions for sexually violent offenses could not later be used as a basis for a Ryce Act action." Ward, 936 So.2d at 1149-50. We also note that there are several problems with the statutory interpretation urged by Ward. First, it would render section 394.912(9)(g), defining a sexually violent offense as including a federal conviction or a conviction in another state, a nullity....

...2d DCA 2001), aff'd, 831 So.2d 172 (Fla.2002). II On January 1, 1999, the Jimmy Ryce Act went into effect. It created a civil commitment procedure for offenders who have been convicted of a qualifying sex crime and meet specified commitment criteria. See § 394.912(9)(10), Fla....

...be sentenced to total confinement. As amended, the "applicability" section stated: 394.25 Applicability of act.— This part applies to all persons currently in custody who have been convicted of a sexually violent offense, as that term is defined in s. 394.912(9), as well as to all persons convicted of a sexually violent offense and sentenced to total confinement in the future....

...9] [N. 9.] The amendment at issue here stated: 394.925 916.45 Applicability of act.—This part applies Sections 916.31-916.49 apply to all persons currently in custody who have been convicted of a sexually violent offense, as that term is defined in s. 394.912(9) s.916.32(8), as well as to all persons convicted of a sexually violent offense and sentenced to total confinement in the future....

...Jimmy Ryce Act. Section 394.925, Florida Statutes, provides: "[Involuntary Civil Commitment of Sexually Violent Predators] applies to all persons currently in custody who have been convicted of a sexually violent offense, as that term is defined in s. 394.912(9), [2] as well as to all persons convicted of a sexually violent offense and sentenced to total confinement in the future....

...with the outcome."). We conclude that the trial court abused its discretion and reverse and remand for further proceedings. POLEN and GROSS, JJ., concur. NOTES [1] According to Johnson, the mother had three outstanding warrants in Monroe County. [2] Section 394.912(9)(e) defines "sexually violent offense" as including a "[l]ewd, lascivious, or indecent assault or act upon or in presence of the child in violation of s....

...ase provision was not before the court. [5] "`Total confinement' means that the person is currently being held in any physically secure facility being operated ... for the Department of Corrections, the Department of Juvenile Justice, or [DCFS]...." § 394.912(11), Fla....

...written orders that provides a basis for this court to review its exercise of discretion in managing the discovery process. Petition for certiorari granted; order vacated; remanded for further proceedings. STRINGER and DAVIS, JJ., Concur. NOTES [1] Section 394.912(10), Florida Statutes (2001), defines a sexually violent predator as one who: (a) Has been convicted of a sexually violent offense; and (b) Suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment. [2] Section 394.912(9) defines sexually violent offense as: (a) Murder of a human being while engaged in sexual battery in violation of s....

...Stat. (1999). [2] This court originally transferred the petition to the third district due to this court's lack of jurisdiction, but the third district transferred the case back to this court, also asserting a lack of jurisdiction. [3] Renumbered to § 394.912, Fla....

...of sexual offenses and found to be `sexually violent predators.'" Westerheide v. State, 831 So.2d 93, 97 (Fla. 2002). A "sexually violent predator," as defined under the Act, is one who has been convicted of a sexually violent offense as defined by section 394.912(9), Florida Statutes (2008), and who is likely to reoffend due to "mental abnormality" or "personality disorder." § 394.912(10), Fla....

...The State filed its petition to commit Ward under the Ryce Act during the course of this incarceration. Discussion Ward argues that the trial court lacks jurisdiction to proceed because he was not in custody for a sexually violent offense, as that term is defined under the Ryce Act, see § 394.912(9), Fla....

...the time the proceeding against Hale was commenced). The provision reads as follows: Applicability of [the][A]ct This part applies to all persons currently in custody who have been convicted of a sexually violent offense, as that term is defined in s. 394.912(9), as well as to all persons convicted of a sexually violent offense and sentenced to total confinement in the future....

...At its very next annual session, convened within weeks of the January 1, 1999 effective date of the Ryce Act, the legislature amended this provision to read "[t]his part applies to all persons currently in custody who have been convicted of a sexually violent offense, as that term is defined in s. 394.912(9), as well as to all persons convicted of a sexually violent offense and sentenced to total confinement in the future." Ch....

...al confinement" for the "purpose of person[s] serving an incarcerative sentence under the custody of the Department of Corrections or the Department of Juvenile Justice [shall include persons] being held in any other secure facility for any reason." § 394.912(10), Fla....

...e words "and sentenced to total confinement" to the second clause. As modified, section 394.925 provides that the Ryce Act applies: to all persons currently in custody who have been convicted of a sexually violent offense, as that term is defined in s. 394.912(9), as well as to all persons convicted of a sexually violent offense and sentenced to total confinement in the future. § 394.925, Fla. Stat (1999)(emphasis added). *1151 Section 394.912, Florida Statutes (1999), referred to above in the amended Act, is the definitional section of the Act. Section 394.912(9)(g) defines a "sexually violent offense" as including "any federal conviction or conviction in another state for a felony offense that in this state would be a sexually violent offense." Section 394.912(11), Florida Statutes (1999), defines "total confinement" as, among other things, "being held in any other secure facility for any reason." (emphasis added)....

...urther confinement under the Ryce Act. Such an application would violate equal protection under both the Florida and the United *1152 States Constitutions and makes no sense whatsoever. A plain reading of the amendment, when read in conjunction with section 394.912(9)(g), which defines sexually violent offense as including "any federal conviction or conviction in another state for a felony offense that in this state would be a sexually violent offense," and section 394.912(11), which defines "total confinement" as "being held in any secure facility for any reason," make it clear that the Act, as amended, is meant to apply to those persons currently convicted and serving sentences and those who are convi...

...civil commitment as a matter of law. [8] II On January 1, 1999, the Jimmy Ryce Act went into effect. It created a civil commitment procedure for offenders who have been convicted of a qualifying sex crime and meet specified commitment criteria. See § 394.912(9)(10), Fla....

...be sentenced to total confinement. As amended, the "applicability" section stated: 394.25 Applicability of act.—This part applies to all persons currently in custody who have been convicted of a sexually violent offense, as that term is defined in s. 394.912(9), as well as to all persons convicted of a sexually violent offense and sentenced to total confinement in the future....

...2d DCA 2001), aff'd, 831 So.2d 172 (Fla.2002). [9] The amendment at issue here stated: 394.925 916.45 Applicability of act.—This part applies Sections 916.31 916.49 apply to all persons currently in custody who have been convicted of a sexually violent offense, as that term is defined in s. 394.912(9) s....

...If the purpose of the act is intended to be the protection of society from those who suffer "from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care and treatment" [section 394.912(10)(b)], why not? If the State Attorney is convinced that the victim and the state's experts are telling the truth, why should he or she be deterred from protecting society merely because a jury has found to the contrary? If the act i...

...And a "sexually violent predator" is statutorily defined as one who has been convicted of a sexually violent offense [8] and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in future sexual violence. Section 394.912(10), Florida Statutes....

...Kansas. Justice Thomas does allude to uncontrollable impulses. [8] "Convicted of a sexually violent offense" is itself defined as either being convicted of committing a sexually violent offense or having been found not guilty by reason of insanity. Section 394.912(2), Florida Statutes....

...t offense"; (2) "suffers from a mental abnormality or personality disorder"; and (3) the disorder "makes the person likely [4] to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment." See § 394.912(10), Fla....

...The phrase "likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment" (emphasis added) is identical to the relevant part of the statute which defines the term "sexually violent predator." See § 394.912(10)(b), Fla....

...s from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment." State v. White, 891 So.2d 502, 502-03 (Fla.2004); § 394.912(10), Fla....

...eide, 831 So.2d at 103 (plurality opinion). The statute and instruction clearly provided that the jury must find Sloss was "likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment." § 394.912(10)(b), Fla....

...Barker argued that the trial should be bifurcated because the jury would be required to apply two different standards of proof during the proceedings. The two burdens of proof arise from the elements that the State was required to establish at trial. Pursuant to section 394.912(1), Florida Statutes (2002), in order to establish Barker as a sexually violent predator, the State was required to prove two elements: 1) Barker has been *61 convicted of a sexually violent offense and 2) Barker suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment. With respect to the first element, section 394.912(9) contains a list of crimes that are considered sexually violent offenses....

...se crimes has been committed in order to establish the first element at trial. However, in Barker's case, the underlying conviction was a conviction for burglary with assault or battery. This is not one of the sexually violent offenses enumerated in section 394.912(9). Therefore, the State was required to prove that the burglary was sexually motivated. [2] If the State can prove that the burglary was sexually motivated, it would fall within the catch-all provision of section 394.912(9)(h) which defines a sexually violent offense as: any criminal act that, either at the time of sentencing for the offense or subsequently during civil commitment proceedings, has been determined beyond a reasonable doubt to have been sexually motivated....

...However, no formal charges were ever filed for the March 1994 incident and Barker was never convicted of any crimes with regard to that incident. [2] "Sexually motivated" means that one of the purposes for which the defendant committed the crime was sexual gratification. § 394.912, Fla....

...k for a form containing these two separate questions. [4] See Fla. R. Civ. P. 1.270(b) ("The Court in the furtherance of convenience or to avoid prejudice may order a separate trial of any claim ... or of any separate issue ... or issues."). [5] See § 394.912(10), Fla....

...sexually violent offense; and (b) Suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment."). [6] See § 394.912(9), Fla....

...[7] The text for alternative (3) under JRA is thus: "Any criminal act that, either at the time of sentencing for the offense or subsequently during civil commitment proceedings under this part, has been determined beyond a reasonable doubt to have been sexually motivated." [e.s.] § 394.912(9)(h), Fla....

...Under the Act, a "sexually violent predator" is any person who has been convicted of a sexually violent offense, and suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment. § 394.912(10), Fla....

...statutes, which clearly include the crime for which Pedroza was convicted. But one troubling aspect allows such a classification for " any criminal act, that has at any time been determined beyond a reasonable doubt to have been sexually motivated." § 394.912(9)(h), Fla....

...Would peeping Toms and Janes, or stalkers qualify? The second part of the definition is the circular part: He or she "suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence, if not confined in a secure facility for long term control, care and treatment." § 394.912(10)(b), Fla. Stat. Mental abnormality is defined as any mental condition "which predisposes the person to commit sexually violent offenses." § 394.912(5), Fla. Stat. "Likely to engage in acts of sexual violence" is defined "as a propensity to commit acts of sexual violence." § 394.912(4), Fla....

...of Securities and Investor Protection v. Osborne Stern and Co., 670 So.2d 932 (Fla.1996) (where proceedings implicate the loss of one's livelihood, an elevated standard of proof is necessary to protect the rights and interests of the accused). [3] § 394.912(4), Fla....

...olent predator." See § 394.913(3)(e). A person convicted of a sexually violent offense meets the definition if the person "suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence." § 394.912(10)(b)....

...of a sexually violent offense; and (b) Suffers from a mental abnormality or personality disorder that makes the person more likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment. § 394.912(10), Fla....

...After reviewing the Committee's proposal, considering the comments filed by FACDL and the Public Defender, considering the responses filed by the Committee, and hearing *764 oral arguments, we adopt the Committee's proposed amendment with the following additions. First, we add language addressing section 394.912(9)(h), Florida Statutes (2004), which states that the phrase "sexually violent offense" means "[a]ny criminal act ......

...in the Seventeenth Judicial Circuit Court, alleging that Morel met the criteria for commitment. That same day, the trial court issued an ex parte order finding probable cause to believe that Morel was a “sexually violent predator” as defined in section 394.912, Florida Statutes (2002), and thus “eligible for commitment,” and ordered DCF to hold Morel pursuant to section 394.915, Florida Statutes (2002)....

...ment of a person who is mentally ill and there is "a substantial likelihood that without care or treatment the person will cause serious bodily harm . . . to others in the near future." § 394.463, Fla. Stat. (1998). The definitions in the Ryce Act, section 394.912(4) and (5) provide: (4) "Likely to engage in acts of sexual violence" means the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others....

...equitably estopped from pursuing the civil commitment because of his plea agreement with the State. The trial court preliminarily entered an order finding probable cause to believe that Ortega-Mantilla was a sexually violent predator, as defined in section 394.912(10), Florida Statutes, [1] and eligible for civil commitment....

...exually violent offense; and 2) The appellant suffers from a mental abnormality or personality disorder that makes him likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment. See §§ 394.912(9), .912(10), Fla....

...(1999)(entitled "Involuntary Civil Commitment of Sexually Violent Predators"). Appellant was committed to the custody of the Department of Children and Family Services for control, care, and treatment until such time as his mental abnormality or personality disorder has so changed that it is safe for him to be at large. Section 394.912(10) defines "sexually violent predator" as any person who: (a) Has been convicted of a sexually violent offense; and (b) Suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexua...

...if not confined in a secure facility for long-term control, care, and treatment. A "sexually violent offense" is defined to include a lewd, lascivious, or indecent assault or act upon or in the presence of a child in violation of section 800.04. See § 394.912(9)(e), Fla. Stat. (1999). I. Convictions of Sexually Violent Offense Appellant was convicted of two sexually violent offenses. Either of these convictions standing alone would satisfy the requirement of section 394.912(10)(a)....

...th a suspended sentence at the end of 7 years, at which time he would be placed on probation with the special condition that he complete a sex offender treatment program. Appellant satisfied the requirement for a sexually violent offense pursuant to section 394.912(10)(a) with convictions from these two cases. The conviction from Case No. 92-765, standing alone without the issue of enforcing the plea agreement in Case No. 95-315, is sufficient to satisfy section 394.912(10)(a)....

...For the reasons stated, he is an unacceptable risk to reoffend. I recommend the Civil Commitment of Morris Harris under the Jimmy Ryce Act for treatment of his Pedophilia and Polysubstance abuse and dependence. Therefore, the trial court properly found, pursuant to section 394.912(10)(b), that Appellant suffers from a mental abnormality or personality disorder that makes him likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment....

...f a plea to a qualifying offense. Watrous v. State, 793 So.2d 6, 10 (Fla. 2d DCA 2001). It is well settled that affirmative misadvice regarding collateral consequences of a plea forms a basis for allowing a defendant to withdraw the plea. Id. at 11. Section 394.912(9)(d), Florida Statutes (2004), of the Jimmy Ryce Act defines "sexually violent offense" as including a "[s]exual battery in violation of s....

...Moreover, commitment under the Ryce Act requires a showing that the respondent presently “suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.” § 394.912(10), Fla....

...rida Statutes (2008). On appeal, appellant argues that no competent substantial evidence supports a conclusion that he was "likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment." § 394.912(10)(B), Fla....

BENTON, J. In this Jimmy Ryce Act case, Alton Hartzog urges as error the denial of his motion for a new trial. After a jury determined that he qualified as a “sexually violent predator” as that term is defined in sections 394.912(10) and 775.21(4)(d), Florida Statutes (2012), he was committed to continued confinement in the Florida Civil Commitment Center (FCCC) in Arcadia, Florida, pursuant to section 394.917(2), Florida Statutes (2012)....

...appellant had been convicted of a “sexually violent” offense, 2) that he suffers from a mental abnormality or personality disorder, and 3) that this makes him likely to engage in acts of sexual violence if not confined in a secure facility. See § 394.912(10), Fla....

...A new trial may thus afford meaningful relief in cases like his. . As defined, sexually violent predators need not actually behave violently or even touch another person. A sexually violent offense includes a "lewd, lascivious, or indecent assault or act upon or in the presence of the *574 child,” § 394.912(9)(b)2„ Fla. Stat. (2012), "including such charges as sexual performance of a child.” Section 394.912(10) provides: "Sexually violent predator” means any person who: (a) Has been convicted of a sexually violent offense; and (b) Suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts o...

...ided as follows: This part [part V or chapter 394 governing the involuntary civil commitment of sexually violent predators] applies to all persons currently in custody who have been convicted of a sexually violent offense, as that term is defined in § 394.912(9), as well as to all persons convicted of a sexually violent offense and sentenced to total confinement in the future....

...lain and ordinary meaning. Nevertheless, consideration must be accorded not only to the literal and usual meaning of the words, but also to their meaning and effect on the objectives and purposes of the statute's enactment.") (citation omitted). [3] Section 394.912(11), the definitional provision of the Jimmy Ryce Act, specifically defines the term "total confinement." Custody was not defined....

...A sexually violent predator is any person who “[h]as been convicted of a sexually violent offense; and [sjuffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.” § 394.912(10)(a), (b), Fla....

...f the anticipated release from total confinement becomes immediate for any reason). 3 Lawful Custody Requirement The Act “applies to all persons currently in custody who have been convicted of a sexually violent offense, as that term is defined in s. 394.912(9), as well as to all persons convicted of a sexually violent offense and sentenced to total confinement in the future.” § 394.925, Fla....

...NOTES [1] We reject without discussion the argument that JRA requires that a commitment action follow imprisonment for an enumerated sexually violent offense. See Tabor v. State, 864 So.2d 1171 (Fla. 4th DCA 2004) (rejecting same argument; certifying question). [2] § 394.912(10(b), Fla....

...The 2005 jury trial to determine whether Hoo was a sexually violent predator turned, therefore, on whether he suffered from "a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment." § 394.912(10)(b), Fla....

...iolent crime. The trial judge issued an order granting Appellee's motion and dismissing the petition. We reverse, but certify the question as one of great public importance. Appellee was convicted in 1983 of a sexually violent offense, as defined in section 394.912(9), Florida Statutes, and completed his sentence in November 1991....

...f Corrections and serving a sentence for a sexually violent offense at the time the petition is filed. *777 We agree with the decision in Tabor v. State, 864 So.2d 1171 (Fla. 4th DCA 2004), that Appellee's argument is refuted by sections 394.913(1), 394.912(9)(g), and 394.912(11), Florida Statutes....

...Cauley's opinion may or may not be clinically correct, it is legally flawed. In the Jimmy Ryce Act, the Legislature defined a "sexually violent offense" as including a "lewd, lascivious or indecent assault or act upon or in the presence of a child in violation of s. 800.04 or s. 847.0135(5)." § 394.912(9)(e), Fla....

...violent offense; and suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.” Phillips, 119 So. 3d at 1237 (quoting § 394.912(10)(a), (b), Fla....

...children involved’”) (quoting Ostrum v. Dept. of Health and Rehab. Servs. of Fla., 663 So. 2d 1359, 1361 (Fla. 4th DCA 1995)). 7 commitment under the Jimmy Ryce Act and for prosecuting such petition. See generally §§ 394.9125-394.914, Fla....

...1005, 2000 WL 60184 at * 2; In re Hay, 953 P.2d at 677; Commonwealth v. Toland, 2000 WL 576341 at *6. *622 In order to establish probable cause, the State must present evidence that would cause a person of ordinary prudence to believe that the respondent is a sexually violent predator as defined by section 394.912(10)....

...If not real, the fantasy is still worrisome. I would find that the State initially carried its burden during its case-in-chief and remand for the purpose of affording Robbins the opportunity to present his case at the probable cause hearing. NOTES [1] Section 394.912(10) defines "sexually violent predator" as a person who (1) has been convicted of a sexually violent offense; and (2) suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care and treatment. The court found that the State had sufficiently shown that Robbins had been convicted of a sexually violent offense as defined in section 394.912(2)(c), (9)(e), Florida Statutes (2000)....

...showing that the respondent presently ‘suffers from a mental abnormality or personality disorder’ ” and concluding that defendant’s “current mental condition obviously could not have been at issue during the earlier proceedings” (quoting § 394.912(10), Fla....

...As noted earlier, Phillips does not contest the sufficiency of the evidence that led to this finding. Analysis The Sexual Violent Predator Act applies “to all persons currently in custody who have been convicted of a sexually violent offense, as that term is defined in s.394.912(9), as well as to all persons convicted of a sexually violent offense and sentenced to total confinement in the future.” § 394.925, Fla....

...4th DCA 2004). “‘Total confinement’ means that the person is currently being held in any physically secure facility being operated or contractually operated for the Department of Corrections, the Department of Juvenile Justice, or the Department of Children and Family Services. . . .” § 394.912(11), Fla....

...These issues are without merit, however, as it is clear that the circuit court’s jurisdiction over Phillips existed through chapter 916. As a result, SVP proceedings were initiated during a lawful total confinement and Phillips meets the definition of a sexually violent predator under section 394.912(10)....

WOLF, J. Kelvin Cotton, appellant, challenges his involuntary commitment pursuant to the Jimmy Ryce Act. §§ 394.912 and 394.9155, Fla....

...involving admission of collateral crimes evidence. We reject the wholesale adoption of the Williams Rule case law to civil commitment proceedings where the very issue involves propensity to “engage in acts of sexual violence in the future.” See § 394.912(10)(b), Fla....

...ed of a sexually violent offense; and (b) Suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.” § 394.912(10), Fla....

...� (Emphasis added). See also Nicholson v. State, 10 So.3d 142, 145 (Fla. 4th DCA 2009). The Williams Rule is inapplicable here because a Ryce Act proceeding is not a criminal proceeding and is conducted for the purpose of determining propensity. See § 394.912(10)(b), Fla....

...and at the time of commitment, he had a “mental abnormality or personality disorder” that makes him “likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.” Fla. Stat. § 394.912(10)....

...because among an already dangerous group—those determined to be sexually violent predators “likely to engage in acts of violence if not confined in a secure facility”—Bilal has been diagnosed as “one of the most dangerous.” Fla. Stat. § 394.912(10). The district court concluded that Bilal lacked a liberty interest in not being housed temporarily in a jail....

...and at the time of commitment, he had a “mental abnormality or personality disorder” that makes him “likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.” Fla. Stat. § 394.912(10)....

...because among an already dangerous group—those determined to be sexually violent predators “likely to engage in acts of violence if not confined in a secure facility”—Bilal has been diagnosed as “one of the most dangerous.” Fla. Stat. § 394.912(10). The district court concluded that Bilal lacked a liberty interest in not being housed temporarily in a jail....

...offense; and (b) suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.” State v. White, 891 So. 2d 502, 506 (Fla. 2004); see also § 394.912(10), Fla....

...The petition further alleged that Mr. Heath suffers from a mental abnormality or personality disorder and that he is likely to engage in future acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment. See § 394.912(10)....

...nd who suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.” Id. (emphasis in original) (citing § 394.912(10), Fla. Stat. (2001)). “The statute defines ‘mental abnormality’ as ‘a mental condition affecting a person’s emotional or volitional capacity which predisposes the person to commit sexually violent offenses.’ ” Id. (quoting § 394.912(5)). “ ‘Likely to engage in acts of sexual violence’ is defined as ‘the person’s propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others.’ ” Id. (quoting § 394.912(4), Fla....

...requirements of section 394.9135(1)(a), Florida Statutes. As the State concedes, this section provides the only statutory grant of authority that could apply to Barber’s situation, thereby rendering compliance with other subsections (394.9135(1)(b), 394.9125(1), and 394.9125(2)) immaterial....

...That definition says that a “sexually violent offense” is “[a]ny criminal act that, either at the time of sentencing for the offense or subsequently during civil commitment proceedings under this part, has been determined beyond a reasonable doubt to have been sexually motivated.” § 394.912(9)(h), Fla....

...criminal convictions with allegations of sexual motivations, for a total of four convictions for crimes with apparent sexual motivations.4 We conclude that the State’s 3 A “sexually motivated” crime is one whose purpose, in part, “was for sexual gratification.” § 394.912(8), Fla....

...5 petition is facially valid under the authority of section 394.9135(1)(a). As to the second issue, Barber argues that the State’s petition was untimely (by less than an hour) because it was not filed within the 120-hour time limit in section 394.9125(4)(a), Florida Statutes. But section 394.9125 does not apply....

...94.913 or 394.9135"). Accordingly, Marsh is not entitled to the requested relief. Petitions denied. NOTES [1] As Marsh was serving a sentence in the custody of the Department of Corrections ("DOC"), DOC was the "agency with jurisdiction" pursuant to section 394.912(1), Florida Statutes (2008).

...olent predator,- that is, the person “[sjuffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.” § 394.912(10)(b), Fla....

...ed to a chapter 916 mental health treatment facility for restoration of his competency. The respondent is currently detained pursuant to a determination that probable cause exists to believe that he is a “sexually violent predator” as defined by section 394.912, of the Florida Statutes (2007)....

...5(1), the trial court followed the procedure of Chapter 916 applicable to mentally deficient and mentally ill defendants. However, Chapter 916 does not address competency proceedings for convicted felons subject to civil commitment proceedings under section 394.912....

...ct. I. After serving prison sentences for sexually violent crimes, Mr. Bilal entered a settlement agreement in 2001 acknowledging that the State could meet its burden of proving his status as a sexually violent predator under the Jimmy Ryce Act. See § 394.912(10), Fla....

...Nowhere does the Jimmy Ryce Act (see §§ 394.910-.932, Fla. Stat.) establish the latest version of the DSM as the basis of making either the “mental abnormality or personality disorder” diagnosis required for an initial commitment under the Act (see § 394.912(10)), or the mental condition diagnosis that must “remain” for purposes of considering a petition for release in § 394.918(4)....

...ent Predator Act, also known as the Jimmy Ryce Act (Act). Stephens contends the State did not adduce legally sufficient evidence to support his recommitment. We reverse. A jury declared appellant a sexually violent predator under the Jimmy Ryce Act. § 394.912(10), Fla....

Department of Children and Family Services.” § 394.912(11), Fla. Stat. (2008). Commitment proceedings

...s from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment." State v. White, 891 So.2d 502, 502-03 (Fla.2004); § 394.912(10), Fla....

...Waldman’s alleged impropriety “arise out of the transaction or occurrence that [was] the subject matter” of the State’s petition, i.e., Sjuts’s alleged criminal history and his supposed mental or personality afflictions that together would qualify him as a sexually violent predator under section 394.912(10) of the Act....

...Appellant, while still incarcerated in prison for a potentially qualifying offense, was the subject of a petition for civil commitment as a sexually violent ..predator. According to the petition, appellant had a history of sexually motivated offenses. See § 394.912(8) and (9), Fla....

...because, upon sentencing, he was remanded to the custody of DOC for time served, Department of Corrections or the Department of Juvenile Justice and is being held in any other secure facility for any reason. § 394.912(11)(a), Fla....

...The issue is whether, where adjudication was withheld under a plea agreement, a defendant who pleaded no contest to lewd and lascivious conduct in 1992, and was thereupon sentenced to 10 years probation, is deemed to have been “convicted of a sexually violent offense” within the meaning of section 394.912(2), Florida Statutes (2007), under the Jimmy Ryce Act (JRA)....

...ter a trial, guilty plea, or plea of nolo contendere; (b) adjudicated not guilty by reason of insanity of a sexually violent offense; or (c) adjudicated delinquent of a sexually violent offense after a trial, guilty plea, or plea of nolo contendere. § 394.912(2)....

...Auld, 450 So.2d 217, 219 (Fla.1984) (“[Wjhen the language of the statute is clear and unambiguous and conveys a clear and definite meaning, there is no occasion for resorting to the rules of statutory interpretation and construction; the statute must be given its plain and obvious meaning.”). In JRA section 394.912(2)(a), the Legislature explicitly defined conviction to require a formal adjudication of guilt of the qualifying offense....

...In spite of defendant’s plea of no contest to lewd and lascivious conduct and sentence to probation, the trial court withheld adjudication of guilt in his case. Hence defendant was never “convicted of a sexually violent offense”, as expressly defined by JRA section 394.912(2)(a)....

...The issue is whether, where adjudication was withheld under a plea agreement, a defendant who pleaded no contest to lewd and lascivious conduct in 1992, and was thereupon sentenced to 10 years probation, is deemed to have been "convicted of a sexually violent offense" within the meaning of section 394.912(2), Florida Statutes (2007), under the Jimmy Ryce Act (JRA)....

...ter a trial, guilty plea, or plea of nolo contendere; (b) adjudicated not guilty by reason of insanity of a sexually violent offense; or (c) adjudicated delinquent of a sexually violent offense after a trial, guilty plea, or plea of nolo contendere. § 394.912(2)....

...1984) ("[W]hen the language of the statute is clear and unambiguous and conveys a clear and definite meaning, there is no occasion for resorting to the rules of statutory interpretation and construction; the statute must be given its plain and obvious meaning."). In JRA section 394.912(2)(a), the Legislature explicitly defined conviction to require a formal adjudication of guilt of the qualifying offense....

...In spite of defendant's plea of no contest to lewd and lascivious conduct and sentence to probation, the trial court withheld adjudication of guilt in his case. Hence defendant was never "convicted of a sexually violent offense", as expressly defined by JRA section 394.912(2)(a)....

...Because of the pending commitment petition, Jackson was not released from prison upon his conditional release date but instead was held pending the outcome of the commitment trial. During the trial in February 2009, Jackson argued that he did not qualify as a "sexually violent predator," as defined by section 394.912 because he did not require secure confinement for treatment, and he offered his conditional release contract into evidence in an effort to show that there was an adequate, less restrictive alternative to his involuntary commitment in a secure facility....

...edator. Based on that ruling, the trial court ordered Jackson to be involuntarily committed. In this appeal, Jackson contends that the trial court's ruling excluding the evidence of his conditional release contract as irrelevant was error. We agree. Section 394.912(10), Florida Statutes (2008), defines a "sexually violent predator" as any person who "[h]as been convicted of a sexually violent offense" and who "[s]uffers from a mental abnormality or personality disorder that makes the person like...

...The existence of this contract, its terms, and the potential penalties should Jackson violate these terms constituted relevant evidence that bore directly on the question of whether Jackson was "likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment." § 394.912(10)....

...Steen’s argument that the jury was required to make a finding regarding his lack of volitional control has been specifically rejected by the Florida Supreme Court. See State v. White, 891 So.2d 502 (Fla.2004). Further, Dr. Swan’s testimony regarding her interpretation of the definition of the term “likely” in section 394.912(10), Florida Statutes (2004), appears to comply with the Florida Supreme Court’s recent explanation of the statutory term in Hale v....