Florida Statutes
Fla. Stat. § 394.910 (2025)
Legislative findings and intent.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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394.910 Legislative findings and intent.—The Legislature finds that a small but extremely dangerous number of sexually violent predators exist who do not have a mental disease or defect that renders them appropriate for involuntary treatment under the Baker Act, part I of this chapter, which is intended to provide short-term treatment to individuals with serious mental disorders and then return them to the community. In contrast to persons appropriate for civil commitment under the Baker Act, sexually violent predators generally have antisocial personality features which are unamenable to existing mental illness treatment modalities, and those features render them likely to engage in criminal, sexually violent behavior. The Legislature further finds that the likelihood of sexually violent predators engaging in repeat acts of predatory sexual violence is high. The existing involuntary commitment procedures under the Baker Act for the treatment and care of mentally ill persons are inadequate to address the risk these sexually violent predators pose to society. The Legislature further finds that the prognosis for rehabilitating sexually violent predators in a prison setting is poor, the treatment needs of this population are very long term, and the treatment modalities for this population are very different from the traditional treatment modalities for people appropriate for commitment under the Baker Act. It is therefore the intent of the Legislature to create a civil commitment procedure for the long-term care and treatment of sexually violent predators.
Note.—Former s. 916.31.
Notes of Decisions
Cited in 188
cases (16 in the last 5 years), 1999–2025 · leading case: Westerheide v. State, 831 So. 2d 93 (Fla. 2002).
Westerheide v. State, 831 So. 2d 93 (Fla. 2002). “" Under this program, individuals who meet the statutory definition of a sexually violent predator [5] may be involuntarily committed for long-term care and treatment. The Legislature concluded that the existing involuntary commitment procedures under the Baker Act are…”
State v. Harris, 881 So. 2d 1079 (Fla. 2004). “We also emphasized that involuntary civil commitments are civil in nature, not criminal: "[T]he affirmative restraint of `a small but extremely dangerous number of sexually violent predators' who `pose [a risk] to society' because they are `likely to engage in criminal, sexually…”
Kennedy v. Louisiana, 554 U.S. 407 (2008). “Code §§ 22-3803 to 22-3811 (2001); Fla. Stat. §§ 394.910 to 394.931 (West 2002 and Supp.”
Hudson v. State, 825 So. 2d 460 (Fla. 1st DCA 2002). “" § 394.910, Fla. Stat. (2000). Given the "high" "likelihood of sexually violent predators engaging in repeat acts of predatory sexual violence," the legislature's intent was "to create a civil commitment procedure for the long-term care and treatment of sexually violent…”
State v. Goode, 830 So. 2d 817 (Fla. 2002). “[14] Section 394.910, Florida Statutes, entitled "Legislative findings and intent," states: The Legislature finds that a small but extremely dangerous number of sexually violent predators exist who do not have a mental disease or defect that renders them appropriate for…”
United States v. Comstock, 560 U.S. 126 (2010). “2010); Fla. Stat. §394.910 et seq. (2007); Ill. Comp.”
Jamaal Ali Bilal v. Geo Care, LLC, 981 F.3d 903 (11th Cir. 2020). “Background Facts Bilal is civilly committed at the FCCC under Florida’s Involuntary Civil Commitment of Sexually Violent Predators Act, Fla. Stat. § 394.910 , et seq., commonly known as the Jimmy Ryce Act.”
Westerheide v. State, 767 So. 2d 637 (Fla. 5th DCA 2000). “" § 394.910, Fla. Stat. (1999). To effectively deal with the serious problems caused by such dangerous individuals, the Legislature established "a civil commitment procedure for the long-term care and treatment of sexually violent predators.”
Ward v. State, 936 So. 2d 1143 (Fla. 3d DCA 2006). “" § 394.910, Fla. Stat. (Supp.1998). Some years earlier, our supreme court stated, "[t]he provisions of statutes enacted in the public interest," such as the Ryce Act which we here construe, "should be given a liberal construction in favor of the public.”
Cuevas v. State, 31 So. 3d 290 (Fla. 3d DCA 2010). “However, this provision likewise is inapplicable on its face because subparagraph (a)1 pertains only to offenders who have been civilly committed under the Jimmy Ryce Act, § 394.910, Fla. Stat. (2000), and subparagraph (a)3 pertains to persons who have committed a similar…”
State v. Phillips, 119 So. 3d 1233 (Fla. 2013). “” 2 § 394.910, Fla. Stat. (1999). 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…”
Bauder v. Dept. of Corr. State of Florida, 619 F.3d 1272 (11th Cir. 2010). “850, in which he alleged that his attorney misadvised him by informing him, pri- or to his plea, that he could not face involuntary civil commitment under Florida law pursuant to Fla. Stat. § 394.910 , et seq. The motion was summarily denied by the trial court, which…”
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