CopyCited 151 times | Published | Supreme Court of Florida | 2002 WL 31319386
...court. See id. §
394.918(1). Further, an individual seeking release from such commitment must supply the court with a waiver of rights. See id. §
394.918(2). [10] See §
394.916(3), (4), Fla. Stat. (2001). [11] See id. §
394.916(5). [12] See id. §
394.917(1), (3)....
CopyCited 54 times | Published | Florida 5th District Court of Appeal | 2000 WL 1434081
...he or she will be committed to the Department of Children and Family Services "for control, care, and treatment 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." § 394.917(2), Fla....
...3) The primary focus of the Act is the commitment of the sexually violent predator to the Department of Children and Family Services for "control, care, and treatment 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." § 394.917(2), Fla....
CopyCited 20 times | Published | Florida 2nd District Court of Appeal | 2001 WL 219982
...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....
...commitment. See §
394.914. [5] If the state attorney decides to pursue involuntary commitment, the person is entitled to a jury trial in which the State must prove by clear and convincing evidence that he or she is a sexually violent predator. See §
394.917....
...There is nothing remedial in nature about the automatic pre-trial confinement. Although the Act specifically provides that persons determined after trial to be sexually violent predators are to be committed to the Department of Children and Families for "control, care, and treatment," § 394.917, nothing in the Act provides for any treatment for persons detained and awaiting trial....
CopyCited 19 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21946444
...Crist, Jr., Attorney General, Tallahassee, and Jennifer R. Haymes, Assistant Attorney General, Tampa, for Appellee. SILBERMAN, Judge. Roderick Lee appeals from a commitment order placing him in the custody of the Department of Children and Family Services pursuant to section 394.917(2), Florida Statutes (1999)....
...on the extent of the detainee's volitional ability to control his or her behavior. Before civil commitment may be ordered, the Ryce Act requires a unanimous jury verdict finding that the detainee meets the statutory definition of a sexual predator. § 394.917(1), Fla....
CopyCited 16 times | Published | Florida 1st District Court of Appeal | 2002 WL 1770486
..."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)....
...The trial is considered civil in nature, and the Florida Rules of Civil Procedure and Evidence Code are generally applicable. Id. §
394.9155. The state must demonstrate by clear and convincing evidence that the person qualifies as a sexually violent predator. Id. §
394.917(1)....
...committed to the custody of the Department of Children and Family Services for control, care, and treatment 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. Id. § 394.917(2)....
...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. Stat. (2000). Accordingly, due process is satisfied by the Act's requirement that the state prove its case by clear and convincing evidence. Id. §§
394.917(1),
394.918(4),
394.919(2)....
CopyCited 14 times | Published | Supreme Court of Florida | 2008 WL 3926789
...trial courts") or rule 9.130(a)(4) (allowing appeals of nonfinal orders entered after a final order). See also §
394.9155(1), Fla. Stat. (2007) (providing that the Florida Rules of Civil Procedure apply to involuntary civil commitment proceedings); §
394.917(3), Fla....
CopyCited 13 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 5302622
...segregated from other detainees not committed under the law in order to receive
“control, care, and treatment 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.”
Fla. Stat. § 394.917(2) (emphasis added)....
CopyCited 13 times | Published | Supreme Court of Florida | 2004 WL 2973858
...867. B. We now review the Ryce Act and compare it to the requirements elucidated in Hendricks and Crane. To be civilly committed under the Ryce Act, the respondent must be found, by clear and convincing evidence, to be a sexually violent predator. § 394.917(1), Fla....
CopyCited 12 times | Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 476, 2000 Fla. LEXIS 1231, 2000 WL 766602
...native term throughout the proposed instructions and form. II. "CLEAR AND CONVINCING EVIDENCE" The Jimmy Ryce Act requires that "[t]he court or jury shall determine by clear and convincing evidence whether the person is a sexually violent predator." § 394.917(1), Fla....
...Several comments lamented that the underlying legislation can be fairly read as requiring a polling of the jury only after it is unable to reach a unanimous verdict and a mistrial is declared, not before the fact through the proposed instruction and form at issue here. See § 394.917(1), Fla....
...e as a benefit to their clients. Our concern should be focused on the fact that the term is inflammatory and that its use is unnecessary to properly instruct the jury. "Sexually violent predator" is neither a legal nor a scientific term. Pursuant to section 394.917(1), Florida Statutes (1999), the State must prove that a particular individual meets the statutory criteria for commitment....
...Your verdict must be based on your views of the evidence, and on the law contained in these instructions. Comment This instruction is a modified version of Florida Standard Jury Instruction (Criminal) 2.05, Rules for Deliberation, the Kansas jury instructions regarding the civil commitment of sexual predators, and section 394.917(1), Florida Statutes....
...There are no other laws that apply to this case. Even if you do not like the laws that must be applied, you must use them. For two centuries we have lived by the constitution and the law. No juror has the right to violate rules we all share. *377 Comment Based upon section 394.917, Florida Statutes; Florida Standard Jury Instruction (Criminal) 2.09, Submitting Case to Jury....
...(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). [2] Section
394.917(1), Florida Statutes (1999), provides in pertinent part: If the determination [of whether the person is a sexually violent predator] is made by a jury, the verdict must be unanimous....
CopyCited 12 times | Published | Court of Appeals for the Eleventh Circuit
...a fact
11
Case: 18-10642 Date Filed: 08/21/2019 Page: 12 of 31
legitimate government objective, and indeed is central to FCCC’s mandate under
Florida law. See Fla. Stat. § 394.917(2) (requiring that sexually violent predators
be housed in a “secure facility” for “control, care, treatment, and rehabilitation”).
So the question to be determined by the four Turner factors is whether the ban on
Duck Soup is “...
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 2004 WL 1919571
...4.912(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)....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2002 WL 31870170
...appellant. Richard E. Doran, Attorney General, Tallahassee, and Richard I. Polin, Assistant Attorney General, Miami, for appellee. PER CURIAM. Tywaun Jackson appeals a final judgment of involuntary commitment to a secure mental health facility under section 394.917, Florida Statutes (1999), the "Jimmy Ryce Act" (the Ryce Act)....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2003 WL 553736
...Furthermore, Williams' commitment was based on more than just this hearsay evidence. Accordingly, we find Jenkins distinguishable and affirm the trial court's finding as to this issue as well. Affirmed. SALCINES and DAVIS, JJ., and GREEN, OLIVER L., SENIOR JUDGE, Concur. NOTES [1] Section 394.917(2), Florida Statutes (2000)....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1300601
...Because Allen bore the burden of proof to establish probable cause and he presented no evidence to do so, we affirm. On February 27, 2002, Allen was committed to the custody of the Department of Children and Family Services after a jury found him to be a sexually violent predator under section 394.917, Florida Statutes (1999)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2006 WL 2933884
...ent, but concluded that because it lacked the authority to release appellant from confinement under supervision, appellant should remain in secure confinement until a determination is made that it would be safe for him to be at large, as provided in section 394.917(2), Florida Statutes (2002)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2002 WL 21707
...Rule of Appellate Procedure 9.030(b)(3). [1] We deny the petition for writ of habeas corpus, and we deny in part and grant in part the petition for writ of mandamus. On February 24, 2000, a jury found Jackson to be a sexually violent predator under section 394.917(2), Florida Statutes (1999)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2005 WL 1109443
...r the Act. See State v. Osborne,
781 So.2d 1137, 1138 (Fla. 5th DCA 2001), review granted,
855 So.2d 621 (Fla.2003). [2] Bryant points to a portion of the Act stating, "The determination that a person is a sexually violent predator may be appealed." §
394.917(1), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2003 WL 22136070
...Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM. We affirm the commitment order entered under section 394.917(2), Florida Statutes (2001), the "Jimmy Ryce Act." The only issue appellant raises is whether the court erred in not instructing the jury that the state had to prove that appellant has serious difficulty in controlling his dangerous behavior....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1159784
...Alternatively, he seeks a writ of mandamus to order the trial court to appoint him counsel. We deny the petition for a writ of habeas corpus but grant the petition for a writ of mandamus. Procedural History As a result of a jury verdict determining that he is a sexually violent predator in accordance with section 394.917(1), Mr. Allen is presently detained in the Florida Civil Commitment Center located in DeSoto County. Pursuant to section 394.917(2), Mr....
CopyCited 4 times | Published | Supreme Court of Florida | 2004 WL 2815919
...lly *806 violent predators [1] are required to be housed in a secure facility "for control, care, and treatment 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." § 394.917(2), Fla....
CopyCited 3 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 161, 2012 WL 739209, 2012 Fla. LEXIS 490
...ntarily committed to the custody of DCF and housed in a secure facility “for control, care, and treatment 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.” § 394.917(2), Fla....
...ly violent predator, he or she “shall be committed to the custody of [DCF] for control, care, and treatment until such time as [his or her] mental abnormality or personality disorder has so changed that it is safe for the person to be at large.” § 394.917(2), Fla....
...§
394.918(2), Fla. Stat. Although the Act expressly provides for the treatment of those against whom a commitment order has been entered, it does not address treatment for those who are in the custody of DCF but awaiting a civil commitment trial. See §
394.917(2), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2008 WL 465589
...Jimmy Ryce Act proceedings similarly implicate a constitutionally recognized right liberty. A person facing involuntary Jimmy Ryce commitment is entitled to counsel for those proceedings at state expense. §
394.916(3). 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)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2002 WL 731699
...the DCFS as a condition of his probation. We further note that the Ryce Act specifically states that those committed thereunder shall be "committed to the custody of the Department of Children and Family Services for control, care, and treatment[.]" § 394.917(2), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2007 WL 3274871
...Finding that he met his burden of proof at the section
394.918(3) limited probable cause hearing, we reverse the trial court's order and remand for a full trial held pursuant to section
394.918(4). After being declared a sexually violent predator, Fuery was civilly committed under section
394.917(2)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 1646, 2010 WL 547158
...or Appellant. Bill McCollum, Attorney General, and Charlie McCoy, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. This is an appeal from an order entered after a jury trial committing appellant as a sexually violent predator under section 394.917, Florida Statutes (2008)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2014 WL 594354, 2014 Fla. App. LEXIS 2094
...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)....
...abnormality or personality disorder in 2013, as opposed to five years earlier, much less that any such disorder makes it likely that he would commit a sexually violent offense. Diagnoses almost five years old as the basis for a hold contested under section 394.917 do not comport with the legislative design of the Jimmy Ryce Act....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1635587
...While not styled as such, Burton's motion was in the nature of a petition for writ of mandamus because it sought an order compelling the Martin Treatment Center to provide equipment and services to him. However, it is the Department that has legal custody of Burton. See § 394.917(2), Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 211, 2013 Fla. LEXIS 567, 2013 WL 1338042
...At trial, if the trier of fact determines that the individual is a sexually violent predator, then he or she is committed to the custody of the DCF for "control, care, and treatment 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." § 394.917(2), Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 352, 2012 WL 2848895, 2012 Fla. LEXIS 961
...There are no other laws that apply to this case. Even if you do not like the laws that must be applied, you must use them. For two centuries we have lived by the constitution and the law. No juror has the right to violate rules we all share. Comment Based upon § 394.917, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 2663, 2011 WL 709881
...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....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 9208, 2015 WL 3757071
...In May 2014, Mr. Jackson asked the trial court to compel the State to conduct its annual review of his condition. The trial court denied the request, concluding that DCF had no obligation to do so because Mr. Jackson was not in DCF’s custo *908 dy, see § 394.917(2), but rather was serving a prison sentence with DOC....
...§§
394.914,
394.915(1),
394.916(1). If the trial court finds probable cause, it orders that the person remain in custody in a secure facility if his sentence expires before a final trial court determination by clear and convincing evidence. §§
394.915(1),
394.917(1)....
...If the allegation is proven, then the person is committed to .DCF custody for control, care, and treatment upon expiration of the prison sentence “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.” § 394.917(2)....
...o believe the person is a sexually violent predator, the trial court orders the person to be held in a secure facility for a trial within thirty days to determine the question by clear and convincing evidence. §§ .394.9135(3),
394.915,
394.916(1),
394.917(1). If the judge or jury determines that the allegation is true, he is committed to DCF custody for control, care, and treatment. §
394.917(2)....
...See §
394.915(1). Upon release from prison in August 2009, DCF took him into custody and held him in a secure facility until conclusion of the trial court proceeding that deter *910 mined that he was a sexually violent predator and committed him to FCCC. See §
394.917....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...nvicted of
lewd and lascivious battery and false imprisonment of another elderly woman.
Gering was sentenced to twenty years in prison.
2
On May 1, 2015, the State filed a petition, pursuant to section 394.917,
Florida Statutes (2015), to declare Gering a sexually violent predator and sought,
following completion of his incarcerative sentence, to have Gering committed to
the custody of the Department of Children and Family Services (“DCF”), until his
“mental abnormality or personality disorder has so changed that it is safe for
[Gering] to be at large.” § 394.917(2)....
...Crim. P. 3.260
(providing “A defendant may in writing waive a jury trial with the consent of the
state”); the burden of proof in a Jimmy Ryce proceeding is “clear and convincing
evidence” rather than “beyond a reasonable doubt,” see § 394.917(1), Fla....
...The motion shall disclose the defects in the petition.
Gering contends that rule 4.110 contains the only motions which may be
filed in a Jimmy Ryce proceeding and, because rule 4.110 does not include a
motion for directed verdict, no such motion is authorized.
In further support, Gering relies upon section 394.917(1), which provides in
pertinent part: “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.” Gering urges us to construe the statutory
9
language of section 394.917(1) to prohibit a motion for directed verdict, because
that provision requires that “[t]he court or jury shall determine ....
...he relevant question is whether, in
light of the incorporation of the rules of civil procedure, rule 4.110 (or any other
rule) prohibits a motion for directed verdict. Demonstrably, the answer is no.
Gering’s reliance upon the language of section 394.917(1) is equally
unavailing; read in context, that statute merely sets forth the process for a Jimmy
Ryce trial by judge or jury and a final determination of whether a respondent is a
sexually violent predator....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22927245
...Haymes, Assistant Attorneys General, Tampa, for Appellee. KELLY, Judge. Terry Freeze appeals from the order finding him to be a sexually violent predator and committing him to the custody of the Department of Children and Family Services pursuant to section 394.917(2), Florida Statutes (1999), the "Jimmy Ryce Act." We affirm the commitment order based on Westerheide v....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2004 WL 3059209
...been called the "Jimmy Ryce Act," (Florida Statutes §
394.910). Each of these statutes deal with involuntary placement and each of the Acts require findings by clear and convincing evidence. See, Florida Statutes §
394.467(1) and Florida Statutes §
394.917(1)....
...rd applies. See §
394.467(1), Fla. Stat. (2003). Similarly, the trial court observed that in proceedings for the commitment of persons who are determined to be sexually violent predators, the clear and convincing evidence standard also applies. See §
394.917(1)....
...Upon the appropriate findings being made, a sexually violent predator is to be committed "for control, care, and treatment 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." § 394.917(2)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2013 WL 1442160, 2013 Fla. App. LEXIS 5696
...After the supreme court issued its opinion, the State’s commitment proceeding recommenced in Miami-Dade County. In January 2011, a jury found Ward to be a sexually violent predator and the circuit court in Miami-Dade County entered an order civilly committing Ward pursuant to section 394.917, Florida Statutes (2004)....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 14833, 2004 WL 2254186
VILLANTI, Judge. Moses Higdon appeals from an order finding him to be a sexually violent predator and committing him to the custody of the Department of Children and Family Services pursuant to section 394.917(2), Florida Statutes (1999), the “Jimmy Ryce Act.” We affirm the commitment order....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 4512773, 2012 Fla. App. LEXIS 16702
...Upon a jury verdict that “Frank Mitchell is a sexually violent predator,” rendered October 6, 2005, the 2nd Judicial Circuit Court in Leon County adjudicated Appellant a “sexually violent predator” and committed him to secure institutional care under section 394.917, Florida Statutes....
CopyPublished | Supreme Court of Florida
...Even if you do not like the laws that must be
applied, you must use them. For two centuries we have lived by the
constitution and the law. No juror has the right to violate rules we all share.
Comments
Based upon § 394.917, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...Under Florida law, anyone
determined to be a “sexually violent predator” is committed to the custody of the
DCF and housed in a secure facility until the individual’s condition has improved to
the point that it is safe to release him into the community. Fla. Stat. § 394.917(2);
see also Pesci v....
...at 94, we understand this to include, besides
Garza and Jarvis, any FCCC official or contractor (GEO) responsible directly or
indirectly for transport, including the DCF Secretary, who is charged with the
administration of the FCCC. See Fla. Stat. §§
394.9151,
394.917(2),
394.930....
CopyPublished | Court of Appeals for the Eleventh Circuit
...Under Florida law, anyone
determined to be a “sexually violent predator” is committed to the custody of the
DCF and housed in a secure facility until the individual’s condition has improved to
the point that it is safe to release him into the community. Fla. Stat. § 394.917(2);
see also Pesci v....
...at 94, we understand this to include, besides
Garza and Jarvis, any FCCC official or contractor (GEO) responsible directly or
indirectly for transport, including the DCF Secretary, who is charged with the
administration of the FCCC. See Fla. Stat. §§
394.9151,
394.917(2),
394.930....
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 7392, 2001 WL 557635
...The order of commitment, entered by the circuit court iii the Fifteenth Judicial Circuit; in' and for Palm Beach County, placed Durden in the custody of the Department of Children and Family Services. The order stated that Durden “shall be segregated from patients who are not committed under the Act” as required by section 394.917(2), Florida Statutes (2000)....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 3729, 2003 WL 1239643
...ctions or a private vendor.” §
775.082(9)(a)l. Jimmy Ryce facilities are operated by the Department of Children and Families, not the Department of Corrections, and are separate and apart from facilities operated by the Department of Corrections. Section
394.917(2), Florida Statutes (1999), provides that: 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 .....
CopyPublished | Florida 1st District Court of Appeal
...___
On appeal from the Circuit Court for Escambia County.
Jennifer J. Frydrychowicz, Judge.
July 9, 2025
PER CURIAM.
Appellant was civilly committed under the Sexually Violent
Predators Act in October 2021. See § 394.917, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 10975, 2007 WL 2043467
...Indeed, the respondent does not satisfy the definition of “defendant” as defined by Chapter 916. 1 §
916.106(6) Fla. Stat. (2007); cf. Dep’t of Children & Family Services v. Leons,
948 So.2d 988 (Fla. 4th DCA 2007). Further, Florida Statutes section
394.917(2) provides that “[a]t 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.” Thus, the Fl...
CopyPublished | Florida 3rd District Court of Appeal
...t Vega is
also seeking a writ from this Court permitting a belated appeal of the trial
1
Known as The Jimmy Ryce Act, the Act establishes procedures for the civil
commitment of sexually violent predators after their term of incarceration
ends. § 394.917, Fla....
CopyPublished | Supreme Court of Florida | 2014 WL 6802557
...Even if you do not like the laws that must be
applied, you must use them. For two centuries we have lived by the
constitution and the law. No juror has the right to violate rules we all share.
- 42 -
Comments
Based upon § 394.917, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 18820
...n called the “Jimmy Ryce Act,” (Florida Statutes §
394.910). Each of these statutes deal with involuntary placement and each of the Acts require findings by clear and convincing evidence. See, Florida Statutes §
394.467(1) and Florida Statutes §
394.917(1)....
...rd applies. See §
394.467(1), Fla. Stat. (2003). Similarly, the trial court observed that in proceedings for the commitment of persons who are determined to be sexually violent predators, the clear and convincing evidence standard also applies. See §
394.917(1)....
...Upon the appropriate findings being made, a sexually violent predator is to be committed “for control, care, and treatment 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.” § 394.917(2)....
CopyPublished | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 12553, 2003 WL 21993961
...Family Services, and are required to be housed in a “secure” facility, [ F]or control, care, and treatment 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. § 394.917(2), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 36 Fla. L. Weekly Fed. D 1854
...This latter question is solely within the province of the jury. Reversed and remanded for a new trial. WHATLEY, J., Concurs. WALLACE, J., Concurs in result only. NOTES [1] As best we can determine from the record, Jackson would be on conditional release for somewhere between seven and nine years. [2] Section 394.917(1), Florida Statutes (2008), permitted the State to refile a petition for involuntary civil commitment if the jury did not reach a unanimous verdict but if a poll of the jurors showed that the majority of the jurors would have found t...
