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Florida Statute 394.917 | Lawyer Caselaw & Research
F.S. 394.917 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 394.917

The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 394
MENTAL HEALTH
View Entire Chapter
F.S. 394.917
394.917 Determination; commitment procedure; mistrials; housing; counsel and costs in indigent appellate cases.
(1) The court or jury shall determine by clear and convincing evidence whether the person is a sexually violent predator. If the determination is made by a jury, the verdict must be unanimous. If the jury is unable to reach a unanimous verdict, the court must declare a mistrial and poll the jury. If a majority of the jury would find the person is a sexually violent predator, the state attorney may refile the petition and proceed according to the provisions of this part. Any retrial must occur within 90 days after the previous trial, unless the subsequent proceeding is continued in accordance with s. 394.916(2). The determination that a person is a sexually violent predator may be appealed.
(2) If the court or jury determines that the person is a sexually violent predator, upon the expiration of the incarcerative portion of all criminal sentences and disposition of any detainers, the person shall be committed to the custody of the Department of Children and Families for control, care, treatment, and rehabilitation of criminal offenders, until such time as the person’s mental abnormality or personality disorder has so changed that it is safe for the person to be at large. At all times, persons who are detained or committed under this part shall be kept in a secure facility segregated from patients of the department who are not detained or committed under this part.
(3) The public defender of the circuit in which a person was determined to be a sexually violent predator shall be appointed to represent the person on appeal. That public defender may request the public defender who handles criminal appeals for the circuit to represent the person on appeal in the manner provided in s. 27.51(4). If the public defender is unable to represent the person on appeal due to a conflict, the court shall appoint other counsel, who shall be compensated at a rate not less than that provided for appointed counsel in criminal cases. Filing fees for indigent appeals under this act are waived. Costs and fees related to such appeals, including the amounts paid for records, transcripts, and compensation of appointed counsel, shall be authorized by the trial court and paid from state funds that are appropriated for such purposes.
History.s. 9, ch. 98-64; s. 12, ch. 99-222; s. 2, ch. 2002-59; s. 43, ch. 2004-5; s. 3, ch. 2012-79; s. 105, ch. 2014-19; s. 3, ch. 2019-134; s. 14, ch. 2019-167.
Note.Former s. 916.37.

F.S. 394.917 on Google Scholar

F.S. 394.917 on Casetext

Amendments to 394.917


Arrestable Offenses / Crimes under Fla. Stat. 394.917
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.917.



Annotations, Discussions, Cases:

Cases from cite.case.law:

R. PESCI, v. BUDZ, LLC, LLC,, 935 F.3d 1159 (11th Cir. 2019)

. . . . § 394.917(2) (requiring that sexually violent predators be housed in a "secure facility" for "control . . .

GERING, v. STATE, 252 So. 3d 334 (Fla. App. Ct. 2018)

. . . On May 1, 2015, the State filed a petition, pursuant to section 394.917, Florida Statutes (2015), to . . . abnormality or personality disorder has so changed that it is safe for [Gering] to be at large." § 394.917 . . . In further support, Gering relies upon section 394.917(1), which provides in pertinent part: "The court . . . Gering urges us to construe the statutory language of section 394.917(1) to prohibit a motion for directed . . . Gering's reliance upon the language of section 394.917(1) is equally unavailing; read in context, that . . .

T. STENGEL, v. STATE, 248 So. 3d 127 (Fla. App. Ct. 2018)

. . . See §§ 394.917, 394.918, Fla. Stat. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 202 So. 3d 830 (Fla. 2016)

. . . Comments Based upon § 394.917, Fla. . . .

McCLAM, v. STATE, 185 So. 3d 571 (Fla. Dist. Ct. App. 2016)

. . . See §§ 394.913(3), 394.917(2), Fla. Stat. (2014). . . .

I. JACKSON, v. STATE, 166 So. 3d 906 (Fla. Dist. Ct. App. 2015)

. . . Jackson was not in DCF’s custody, see § 394.917(2), but rather was serving a prison sentence with DOC . . . sentence expires before a final trial court determination by clear and convincing evidence. §§ 394.915(1), 394.917 . . . abnormality or personality disorder has so changed that it is safe for the person to be at large.” § 394.917 . . . days to determine the question by clear and convincing evidence. §§ .394.9135(3), 394.915, 394.916(1), 394.917 . . . See § 394.917. . . . .

WEAN, v. BUDZ,, 589 F. App'x 488 (11th Cir. 2014)

. . . . § 394.917(2)) (emphasis omitted). . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL, CRIMINAL, AND CONTRACT BUSINESS CASES- JURORS USE OF ELECTRONIC DEVICES, 152 So. 3d 529 (Fla. 2014)

. . . Comments Based upon § 394.917, Fla. . . .

HARTZOG, v. STATE, 133 So. 3d 570 (Fla. Dist. Ct. App. 2014)

. . . confinement in the Florida Civil Commitment Center (FCCC) in Arcadia, Florida, pursuant to section 394.917 . . . Diagnoses almost five years old as the basis for a hold contested under section 394.917 do not comport . . .

R. PESCI, v. BUDZ,, 730 F.3d 1291 (11th Cir. 2013)

. . . . § 394.917(2) (emphasis added). . . .

KAKUK, v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES, STATE OF FLORIDA,, 516 F. App'x 901 (11th Cir. 2013)

. . . . § 394.917(2), appeals the district court’s denial of his pro se federal habeas petition under 28 U.S.C . . . Id. § 394.917(2). . 28 U.S.C. § 2244(d) establishes a one-year statute of limitations period for petitions . . .

WARD, v. STATE, 111 So. 3d 225 (Fla. Dist. Ct. App. 2013)

. . . the circuit court in Miami-Dade County entered an order civilly committing Ward pursuant to section 394.917 . . .

STATE v. PHILLIPS,, 119 So. 3d 1233 (Fla. 2013)

. . . ." § 394.917(2), Fla. Stat. (2005); see also § 394.919(1), Fla. . . .

MITCHELL, v. STATE, 98 So. 3d 694 (Fla. Dist. Ct. App. 2012)

. . . Appellant a “sexually violent predator” and committed him to secure institutional care under section 394.917 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 95 So. 3d 868 (Fla. 2012)

. . . Comment Based upon § 394.917, Fla. . . .

MOREL, v. E. WILKINS,, 84 So. 3d 226 (Fla. 2012)

. . . See § 394.917(2), Fla. Stat. (2011). . . . .” § 394.917(2), Fla. Stat. (2002). . . . abnormality or personality disorder has so changed that it is safe for the person to be at large.” § 394.917 . . . See § 394.917(2), Fla. Stat. B. . . .

In COMMITMENT OF J. JACKSON. J. v., 77 So. 3d 651 (Fla. Dist. Ct. App. 2011)

. . . Section 394.917(1), Florida Statutes (2008), permitted the State to refile a petition for involuntary . . .

S. HAYES, v. STATE, 55 So. 3d 699 (Fla. Dist. Ct. App. 2011)

. . . .” § 394.917(1), Fla. Stat. . . .

J. SHAW, v. STATE, 29 So. 3d 1161 (Fla. Dist. Ct. App. 2010)

. . . order entered after a jury trial committing appellant as a sexually violent predator under section 394.917 . . .

BAUDER, v. DEPARTMENT OF CORRECTIONS OF FLORIDA, A., 333 F. App'x 422 (11th Cir. 2009)

. . . F.S.A § 394.917(2). . . .

K. MARSH, v. FLORIDA DEPARTMENT OF CORRECTIONS, DOC, Mr. D. O. C., 330 F. App'x 179 (11th Cir. 2009)

. . . . § 394.917(2). . . . .

LARIMORE, v. STATE, 2 So. 3d 101 (Fla. 2008)

. . . convincing evidence that the person requires commitment. 831 So.2d at 105; see also §§ 394.916(3)-(5), 394.917 . . .

SAINTELIEN, v. STATE, 990 So. 2d 494 (Fla. 2008)

. . . providing that the Florida Rules of Civil Procedure apply to involuntary civil commitment proceedings); § 394.917 . . .

In COMMITMENT OF R. MAY. R. v., 975 So. 2d 579 (Fla. Dist. Ct. App. 2008)

. . . Furthermore, the Jimmy Ryce Act provides the committed person with the right to appeal, § 394.917(1), . . . as well as a right to appellate counsel at state expense, § 394.917(3). . . .

FUERY, v. STATE, 968 So. 2d 77 (Fla. Dist. Ct. App. 2007)

. . . After being declared a sexually violent predator, Fuery was civilly committed under section 394.917(2 . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. A. BLACKBURNE,, 961 So. 2d 1028 (Fla. Dist. Ct. App. 2007)

. . . Further, Florida Statutes section 394.917(2) provides that “[a]t all times, persons who are detained . . .

E. JACKSON, v. JOHNSON,, 475 F.3d 261 (5th Cir. 2007)

. . . . § 394.917(2). . . .

W. CARLIN, v. STATE, 939 So. 2d 245 (Fla. Dist. Ct. App. 2006)

. . . until a determination is made that it would be safe for him to be at large, as provided in section 394.917 . . .

In COMMITMENT OF ALLEN. v., 927 So. 2d 1070 (Fla. Dist. Ct. App. 2006)

. . . Children and Family Services after a- jury found him to be a sexually violent predator under section 394.917 . . .

STATE v. BRYANT,, 901 So. 2d 381 (Fla. Dist. Ct. App. 2005)

. . . .” § 394.917(1), Fla. Stat. (2003). . . .

ADAWAY, v. STATE, 902 So. 2d 746 (Fla. 2005)

. . . .” § 394.912(10)(b), 394.917(1), Fla. Stat. (2004). . . .

STATE v. WHITE,, 891 So. 2d 502 (Fla. 2004)

. . . . § 394.917(1), Fla. Stat. (1999). . . .

In J. W. a v. J. W., 890 So. 2d 337 (Fla. Dist. Ct. App. 2004)

. . . See, Florida Statutes § 394.467(1) and Florida Statutes § 394.917(1). . . . See § 394.917(1). . . . .” § 394.917(2). . . .

WILLIAMS, v. STATE, 889 So. 2d 804 (Fla. 2004)

. . . .” § 394.917(2), Fla. Stat. (2002). . . .

In COMMITMENT OF HIGDON. v., 884 So. 2d 495 (Fla. Dist. Ct. App. 2004)

. . . committing him to the custody of the Department of Children and Family Services pursuant to section 394.917 . . .

ROELING, v. STATE, 880 So. 2d 1234 (Fla. Dist. Ct. App. 2004)

. . . Children and Family Services for control, care and treatment in a secure facility pursuant to section 394.917 . . .

ALLEN, v. STATE, 873 So. 2d 576 (Fla. Dist. Ct. App. 2004)

. . . result of a jury verdict determining that he is a sexually violent predator in accordance with section 394.917 . . . Pursuant to section 394.917(2), Mr. . . .

STATE v. HARRIS, v., 881 So. 2d 1079 (Fla. 2004)

. . . See §§ 394.912(10), 394.917. . . .

JONES, v. STATE, 868 So. 2d 668 (Fla. Dist. Ct. App. 2004)

. . . appeals an order civilly committing him as a sexually violent predator under the Jimmy Ryce Act, section 394.917 . . .

FREEZE, v. STATE, 861 So. 2d 1234 (Fla. Dist. Ct. App. 2003)

. . . committing him to the custody of the Department of Children and Family Services pursuant to section 394.917 . . .

S. GRAY, v. STATE, 854 So. 2d 287 (Fla. Dist. Ct. App. 2003)

. . . We affirm the commitment order entered under section 394.917(2), Florida Statutes (2001), the “Jimmy . . .

WILLIAMS, v. STATE v., 852 So. 2d 433 (Fla. Dist. Ct. App. 2003)

. . . . § 394.917(2), Fla. Stat. (2001). . . .

D. LEE, v. STATE, 854 So. 2d 709 (Fla. Dist. Ct. App. 2003)

. . . . § 394.917(1), Fla. Stat. (2001). . . . order placing him in the custody of the Department of Children and Family Services pursuant to section 394.917 . . .

L. GARNER, v. STATE, 839 So. 2d 924 (Fla. Dist. Ct. App. 2003)

. . . Section 394.917(2), Florida Statutes (1999), provides that: If the court or jury determines that the . . .

In WILLIAMS. v., 841 So. 2d 531 (Fla. Dist. Ct. App. 2003)

. . . Section 394.917(2), Florida Statutes (2000). . Frye v. United States, 293 F. 1013 (D.C.Cir.1923). . . .

JACKSON, v. STATE, 833 So. 2d 243 (Fla. Dist. Ct. App. 2002)

. . . appeals a final judgment of involuntary commitment to a secure mental health facility under section 394.917 . . .

WESTERHEIDE, v. STATE, 831 So. 2d 93 (Fla. 2002)

. . . . § 394.917(1), (3). . See id. § 394.918. . See id. §§ 394.918(2), 394.920. . . . .

HUDSON, v. STATE, 825 So. 2d 460 (Fla. Dist. Ct. App. 2002)

. . . Children and Family Services for control, care and treatment in a secure facility pursuant to section 394.917 . . . Id. § 394.917(1). . . . Id. § 394.917(2). . . . Id. §§ 394.917(1), 394.918(4), 394.919(2). Appellant’s reliance on Kansas v. . . .

HARRIS, v. STATE, 879 So. 2d 1223 (Fla. Dist. Ct. App. 2002)

. . . the custody of the Department of Children and Family Services for control, care, and treatment[J” § 394.917 . . .

JACKSON, v. STATE, 802 So. 2d 1213 (Fla. Dist. Ct. App. 2002)

. . . On February 24, 2000, a jury found Jackson to be a sexually violent predator under section 394.917(2) . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. BURTON,, 802 So. 2d 467 (Fla. Dist. Ct. App. 2001)

. . . See § 394.917(2), Fla. Stat. (2000). . . .

DURDEN, v. BRIODY, A., 787 So. 2d 260 (Fla. Dist. Ct. App. 2001)

. . . Durden “shall be segregated from patients who are not committed under the Act” as required by section 394.917 . . .

WATROUS, v. STATE, 793 So. 2d 6 (Fla. Dist. Ct. App. 2001)

. . . See §§ 394.912(10), 394.917. . . . See § 394.917. . . . are to be committed to the Department of Children and Families for “control, care, and treatment,” § 394.917 . . .

WESTERHEIDE, v. STATE, 767 So. 2d 637 (Fla. Dist. Ct. App. 2000)

. . . .” § 394.917(2), Fla. Stat. (1999). . . . abnormality or personality disorder has so changed that it is safe for the person to be at large.” § 394.917 . . .

STANDARD JURY INSTRUCTIONS- CRIMINAL CASES, 777 So. 2d 366 (Fla. 2000)

. . . .” § 394.917(1), Fla. Stat. (1999). . . . See § 394.917(1), Fla. Stat. (1999). . . . Section 394.917(1), Florida Statutes (1999), provides in pertinent part: If the determination [of whether . . . Pursuant to section 394.917(1), Florida Statutes (1999), the State must prove that a particular individual . . . Deliberation, the Kansas jury instructions regarding the civil commitment of sexual predators, and section 394.917 . . . Comment Based upon section 394.917, Florida Statutes; Florida Standard Jury Instruction (Criminal) 2.09 . . .