Florida Statute 394.910 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

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F.S. 394.910

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.

History.—ss. 2, 3, ch. 98-64; s. 3, ch. 99-222.

Note.—Former s. 916.31.

F.S. 394.910 on Google Scholar

F.S. 394.910 on CourtListener

Amendments to 394.910

Annotations, Discussions, Cases:

Cases Citing Statute 394.910

Total Results: 69

Westerheide v. State

831 So. 2d 93, 2002 WL 31319386

Supreme Court of Florida | Filed: Oct 17, 2002 | Docket: 1722942

Cited 151 times | Published

dangerous number of sexually violent predators." § 394.910, Fla. Stat. (2001). The Legislature further recognized

State v. Goode

830 So. 2d 817, 2002 WL 31317996

Supreme Court of Florida | Filed: Oct 17, 2002 | Docket: 942297

Cited 77 times | Published

subject to a lifetime of civil commitment. [14] Section 394.910, Florida Statutes, entitled "Legislative findings

Westerheide v. State

767 So. 2d 637, 2000 WL 1434081

District Court of Appeal of Florida | Filed: Sep 29, 2000 | Docket: 1661448

Cited 54 times | Published

involuntary treatment under the Baker Act...." § 394.910, Fla. Stat. (1999). To effectively deal with the

State v. Harris

881 So. 2d 1079, 2004 WL 1064790

Supreme Court of Florida | Filed: May 13, 2004 | Docket: 402788

Cited 25 times | Published

engage in criminal, sexually violent behavior,' § 394.910, Fla. Stat. (2001), is a `classic example of nonpunitive

Hale v. State

891 So. 2d 517, 2004 WL 2973859

Supreme Court of Florida | Filed: Dec 23, 2004 | Docket: 1704349

Cited 20 times | Published

dangerous number of sexually violent predators." § 394.910, Fla. Stat. (2004). Some, concerned that the Act

Hudson v. State

825 So. 2d 460, 2002 WL 1770486

District Court of Appeal of Florida | Filed: Aug 2, 2002 | Docket: 1398951

Cited 16 times | Published

Baker Act (§§ 394.451-394.4789, Fla.Stat.)." § 394.910, Fla. Stat. (2000). Given the "high" "likelihood

Bauder v. Dept. of Corrections State of Florida

619 F.3d 1272, 2010 U.S. App. LEXIS 19053, 2010 WL 3527536

Court of Appeals for the Eleventh Circuit | Filed: Sep 13, 2010 | Docket: 1920376

Cited 14 times | Published

commitment under Florida law pursuant to Fla. Stat. § 394.910, et seq. The motion was summarily denied by the

James R. Pesci v. Tim Budz

730 F.3d 1291, 2013 WL 5302622

Court of Appeals for the Eleventh Circuit | Filed: Sep 23, 2013 | Docket: 328481

Cited 13 times | Published

involuntarily committed pursuant to Fla. Stat. § 394.910 et seq., the “Involuntary Civil Commitment

State v. White

891 So. 2d 502, 2004 WL 2973858

Supreme Court of Florida | Filed: Dec 23, 2004 | Docket: 1704419

Cited 13 times | Published

reoffending by sexually violent predators. See § 394.910, Fla. Stat. (2003). Thus, defining likelihood

Pearman v. State

764 So. 2d 739, 2000 WL 873331

District Court of Appeal of Florida | Filed: Jul 5, 2000 | Docket: 469988

Cited 10 times | Published

[2] The "Jimmy Ryce Act," now appearing at section 394.910-394.931, Florida Statutes (1999).

Ward v. State

986 So. 2d 479, 2008 WL 150527

Supreme Court of Florida | Filed: Jul 3, 2008 | Docket: 1429177

Cited 7 times | Published

for a small group of dangerous individuals. See § 394.910, Fla. Stat. (2004). It is a legislative prerogative

Carlin v. State

939 So. 2d 245, 2006 WL 2933884

District Court of Appeal of Florida | Filed: Oct 16, 2006 | Docket: 1657305

Cited 7 times | Published

him to the statutory provisions contained in Section 394.910 et seq. Florida Statutes, (Involuntary Civil

Department of Children and Families v. Harter

861 So. 2d 1274, 2003 Fla. App. LEXIS 19251, 2003 WL 22970952

District Court of Appeal of Florida | Filed: Dec 19, 2003 | Docket: 2507436

Cited 7 times | Published

W., and GRIFFIN, JJ., concur. NOTES [1] See § 394.910, et seq., Fla. Stat. (2002). [2] In the above-cited

State v. Osborne

781 So. 2d 1137, 2001 WL 201527

District Court of Appeal of Florida | Filed: Mar 2, 2001 | Docket: 1292590

Cited 7 times | Published

for involuntary treatment under the Baker Act." § 394.910, Fla.Stat. (1999). The Legislature determined

Anderson v. State

93 So. 3d 1201, 2012 WL 3210623, 2012 Fla. App. LEXIS 13241

District Court of Appeal of Florida | Filed: Aug 9, 2012 | Docket: 60310498

Cited 6 times | Published

who are presently dangerous. As explained in section 394.910, Florida Statutes, the Ryce Act is aimed at

Ward v. State

936 So. 2d 1143, 2006 WL 2356073

District Court of Appeal of Florida | Filed: Aug 16, 2006 | Docket: 1651032

Cited 6 times | Published

repeat acts of predatory sexual violence is high." § 394.910, Fla. Stat. (Supp.1998). Some years earlier, our

In Re Commitment of Burton

884 So. 2d 1112, 2004 WL 2363861

District Court of Appeal of Florida | Filed: Oct 22, 2004 | Docket: 1281995

Cited 5 times | Published

violent predator under the Jimmy Ryce Act, section 394.910-.931, Florida Statutes (1999) ("the Act").

State v. Brewer

767 So. 2d 1249, 2000 WL 1298772

District Court of Appeal of Florida | Filed: Sep 15, 2000 | Docket: 1661506

Cited 5 times | Published

who do not have a mental disease or defect." Section 394.910, Florida Statutes. These offenders will not

Cuevas v. State

31 So. 3d 290, 2010 Fla. App. LEXIS 4191, 2010 WL 1222737

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1647699

Cited 4 times | Published

been civilly committed under the Jimmy Ryce Act, § 394.910, Fla. Stat. (2000), and subpara-graph (a)3 pertains

Bishop v. Sheldon

68 So. 3d 259, 2010 Fla. App. LEXIS 18333, 2010 WL 4861512

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 1909969

Cited 3 times | Published

Commitment of Sexually Violent Predators Act, section 394.910-.931, Florida Statutes (1999), is also known

In Re Amend. to Rule of Crim. Proc. 3.172

911 So. 2d 763, 2005 WL 2095666

Supreme Court of Florida | Filed: Sep 1, 2005 | Docket: 1501198

Cited 3 times | Published

2005 Amendment. Rule 3.172(c)(9) added. See section 394.910, et seq., Fla. Stat.; and State v. Harris,

State v. Ducharme

881 So. 2d 70, 2004 WL 1856023

District Court of Appeal of Florida | Filed: Aug 20, 2004 | Docket: 1466233

Cited 3 times | Published

for involuntary treatment under the Baker Act." § 394.910, Fla. Stat. (2002). The Legislature determined

Curry v. State

880 So. 2d 751, 2004 WL 1196083

District Court of Appeal of Florida | Filed: Jun 2, 2004 | Docket: 1295006

Cited 3 times | Published

Violent Predators Treatment and Care Act. See § 394.910-.931, Fla. Stat. (2002). Because the circuit court

State v. Klein

851 So. 2d 274, 2003 WL 21766245

District Court of Appeal of Florida | Filed: Aug 1, 2003 | Docket: 2586193

Cited 3 times | Published

with the requirements of the Jimmy Ryce Act, section 394.910, et seq., Florida Statutes (2001). Thereafter

Marsh v. State

849 So. 2d 1178, 2003 WL 21697341

District Court of Appeal of Florida | Filed: Jul 23, 2003 | Docket: 447556

Cited 3 times | Published

pursuant to the "Jimmy Ryce Act" ("Ryce Act"), section 394.910, et seq., Florida Statutes (2001). The lower

Overton v. Jones

155 F. Supp. 3d 1253, 2016 U.S. Dist. LEXIS 3529, 2016 WL 145826

District Court, S.D. Florida | Filed: Jan 12, 2016 | Docket: 64306292

Cited 2 times | Published

Joe Pesci. ([DE 13-133] at 68). . Fla. Stat. § 394.910 et seq., the "Involuntary Civil Commitment of

State v. Phillips

119 So. 3d 1233, 38 Fla. L. Weekly Supp. 211, 2013 Fla. LEXIS 567, 2013 WL 1338042

Supreme Court of Florida | Filed: Apr 4, 2013 | Docket: 60233565

Cited 2 times | Published

and treatment of sexually violent predators.”2 § 394.910, Fla. Stat. (1999). A sexually violent predator

Walker v. Hadi

611 F.3d 720, 2010 WL 2222473, 2010 U.S. App. LEXIS 11384

Court of Appeals for the Eleventh Circuit | Filed: Jun 4, 2010 | Docket: 935928

Cited 2 times | Published

him committed to state custody. See Fla. Stat. § 394.910. Over Walker's objections, the trial court admitted

Dept. of Children and Families v. Mitchell

844 So. 2d 694, 2003 Fla. App. LEXIS 5829, 2003 WL 1936408

District Court of Appeal of Florida | Filed: Apr 25, 2003 | Docket: 1662269

Cited 2 times | Published

involuntarily pursuant to the Jimmy Ryce Act, § 394.910, et seq., Florida Statutes. In accordance with

Sirmons v. Regier

846 So. 2d 1151, 2003 WL 289463

District Court of Appeal of Florida | Filed: Feb 12, 2003 | Docket: 1709834

Cited 2 times | Published

and treatment of sexually violent predators." § 394.910. Bearing this in mind, we hold that the fact that

Harris v. State

879 So. 2d 1223, 2002 WL 731699

District Court of Appeal of Florida | Filed: Oct 4, 2002 | Docket: 463814

Cited 2 times | Published

courts have construed it in that manner. See § 394.910, Fla. Stat. (1999); see, e.g., Westerheide v.

McKenzie v. State

272 So. 3d 808

District Court of Appeal of Florida | Filed: May 10, 2019 | Docket: 64715391

Cited 1 times | Published

been civilly committed under the Jimmy Ryce Act, § 394.910, Fla. Stat. (2000), and subparagraph (a)3 pertains

Gering v. State

252 So. 3d 334

District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 7511606

Cited 1 times | Published

and treatment of sexually violent predators.” § 394.910, Fla. Stat. (2016). Under the statute, a “sexually

Corey Lake v. State of Florida

193 So. 3d 932, 44 Media L. Rep. (BNA) 2073, 2016 Fla. App. LEXIS 4928, 2016 WL 1239868

District Court of Appeal of Florida | Filed: Mar 30, 2016 | Docket: 3049150

Cited 1 times | Published

treatment of sexually violent predators. § 394.910, Fla. Stat. (2015). The legislature further hammers

McDade v. State

114 So. 3d 465, 2013 WL 2451347, 2013 Fla. App. LEXIS 8996

District Court of Appeal of Florida | Filed: Jun 7, 2013 | Docket: 60231945

Cited 1 times | Published

with child molestation or a sexual offense); § 394.910, Fla. Stat. (2012) (addressing the unique risk

Newsome v. Geo Group, Inc.

72 So. 3d 168, 2011 Fla. App. LEXIS 12894, 2011 WL 3586153

District Court of Appeal of Florida | Filed: Aug 17, 2011 | Docket: 60303208

Cited 1 times | Published

and Care Act (f/k/a the "Jimmy Ryce Act”), section 394.910, Florida Statutes. As a detainee under the

Hayes v. State

55 So. 3d 699, 2011 Fla. App. LEXIS 2663, 2011 WL 709881

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 2407652

Cited 1 times | Published

in "repeat acts of predatory sexual violence." § 394.910, Fla. Stat. We find there is overwhelming evidence

Williams v. State

126 So. 3d 264, 2010 Fla. App. LEXIS 12726, 2010 WL 3418334

District Court of Appeal of Florida | Filed: Sep 1, 2010 | Docket: 60236369

Cited 1 times | Published

Violent Predators Act (“Jimmy Ryce Act”), section 394.910-.930, Florida Statutes (2007). After a jury

State v. Fullwood

22 So. 3d 655, 2009 Fla. App. LEXIS 15802, 2009 WL 3365634

District Court of Appeal of Florida | Filed: Oct 21, 2009 | Docket: 60267088

Cited 1 times | Published

need of involuntary civil commitment under section 394.910, Florida Statutes (2006). We reverse. A jury

Lavender v. State

6 So. 3d 713, 2009 Fla. App. LEXIS 2921, 2009 WL 937147

District Court of Appeal of Florida | Filed: Apr 9, 2009 | Docket: 1665979

Cited 1 times | Published

civilly committed pursuant to the Jimmy Ryce Act. § 394.910, et seq., Fla. Stat. (2000). Since 2000, by his

In Re JW

890 So. 2d 337, 2004 WL 3059209

District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 1285149

Cited 1 times | Published

called the "Jimmy Ryce Act," (Florida Statutes § 394.910). Each of these statutes deal with involuntary

Garcia v. State

847 So. 2d 980, 2002 WL 1798752

District Court of Appeal of Florida | Filed: Apr 30, 2003 | Docket: 2581994

Cited 1 times | Published

petition to commit him under the Jimmy Ryce Act, section 394.910-931, Florida Statutes (1999), in light of a

Amador v. State

766 So. 2d 1061, 2000 WL 60930

District Court of Appeal of Florida | Filed: Jan 26, 2000 | Docket: 1329404

Cited 1 times | Published

treatment of sexually violent predators," section 394.910, we conclude that the Collier County judge's

Torrance Rogers v. The State of Florida

District Court of Appeal of Florida | Filed: Mar 13, 2024 | Docket: 68335142

Published

involuntary civil commitment, imposed pursuant to section 394.910, et seq., Florida Statutes (2022), after he

Clarence Lawton v. The State of Florida

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313516

Published

violent predator under the Jimmy Ryce Act, section 394.910 et seq. of the Florida Statutes.1 He has been

State of Florida v. Brian K. McKenzie

Supreme Court of Florida | Filed: Sep 23, 2021 | Docket: 60416614

Published

civilly committed under the Jimmy Ryce Act, § 394.910, Fla. Stat. (2000), and subparagraph (a)3 pertains

Jamaal Ali Bilal v. Geo Care, LLC

Court of Appeals for the Eleventh Circuit | Filed: Nov 23, 2020 | Docket: 18681073

Published

of Sexually Violent Predators Act, Fla. Stat. § 394.910, et seq., commonly known as the Jimmy Ryce Act

Jamal Ali Bilal v. GEO Care, LLC

Court of Appeals for the Eleventh Circuit | Filed: Nov 9, 2020 | Docket: 18617326

Published

of Sexually Violent Predators Act, Fla. Stat. § 394.910, et seq., commonly known as the Jimmy Ryce Act

McKenzie v. State

272 So. 3d 808

District Court of Appeal of Florida | Filed: May 10, 2019 | Docket: 64715390

Published

been civilly committed under the Jimmy Ryce Act, § 394.910, Fla. Stat. (2000), and subparagraph (a)3 pertains

Randolph Campbell, III v. State of Florida

249 So. 3d 703

District Court of Appeal of Florida | Filed: Jun 4, 2018 | Docket: 7024335

Published

repeat acts of predatory sexual violence. See § 394.910, Fla. Stat. (2001). “[I]ncapacitation may be

Evans v. State

125 So. 3d 799, 2013 WL 275231, 2013 Fla. App. LEXIS 1038

District Court of Appeal of Florida | Filed: Jan 25, 2013 | Docket: 60236073

Published

the general population.”) (citations omitted); § 394.910, Fla. Stat. (2006) (stating that the Act is aimed

Brown v. State

88 So. 3d 1034, 2012 WL 1885921, 2012 Fla. App. LEXIS 8436

District Court of Appeal of Florida | Filed: May 25, 2012 | Docket: 60308115

Published

AFFIRMED. SAWAYA, COHEN and JACOBUS, JJ., concur. . § 394.910, et seq., Fla. Stat. (2008).

Tedesco v. State

62 So. 3d 1252, 2011 Fla. App. LEXIS 8939, 2011 WL 2329596

District Court of Appeal of Florida | Filed: Jun 15, 2011 | Docket: 2361913

Published

violent predator pursuant to the Jimmy Ryce Act, section 394.910 et seq., Florida Statutes (2009). The appellant

In Re Commitment of Phillips

69 So. 3d 951, 2010 Fla. App. LEXIS 18311, 35 Fla. L. Weekly Fed. D 2614

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 2359817

Published

Commitment of Sexually Violent Predators Act, section 394.910-931, Florida Statutes (2005), is also known

James R. Walker v. Lucy Hadi

Court of Appeals for the Eleventh Circuit | Filed: Jun 4, 2010 | Docket: 2907283

Published

him committed to state custody. See Fla. Stat. § 394.910. Over Walker’s objections, the trial court admitted

Enriquez v. FLORIDA PAROLE COM'N

952 So. 2d 1241, 2007 Fla. App. LEXIS 4887, 2007 WL 981654

District Court of Appeal of Florida | Filed: Apr 4, 2007 | Docket: 2572965

Published

proceedings consistent with this opinion. NOTES [1] § 394.910, Fla. Stat. (2003). [2] The trial court's order

Harden v. State

932 So. 2d 1152, 2006 Fla. App. LEXIS 10719, 2006 WL 1751747

District Court of Appeal of Florida | Filed: Jun 28, 2006 | Docket: 64845664

Published

dangerous number of sexually violent predators.” § 394.910, Fla. Stat. (2004). The legislature was concerned

Golden v. State

913 So. 2d 744, 2005 WL 2899475

District Court of Appeal of Florida | Filed: Nov 4, 2005 | Docket: 1698309

Published

person is a sexually violent predator. [9] See § 394.910 "Legislative findings and intent."

David v. Flint

900 So. 2d 782, 2005 Fla. App. LEXIS 7240, 2005 WL 1162951

District Court of Appeal of Florida | Filed: May 18, 2005 | Docket: 64837965

Published

Reversed. NORTHCUTT and VILLANTI, JJ., concur. . § 394.910-.931, Fla. Stat. (2004).

PAROLE COM'N v. Smith

896 So. 2d 966, 2005 WL 734983

District Court of Appeal of Florida | Filed: Apr 1, 2005 | Docket: 1283123

Published

protect society from sexually violent predators. Section 394.910 provides as follows: The Legislature finds

State v. Heath

895 So. 2d 1258, 2005 Fla. App. LEXIS 3045, 2005 WL 544223

District Court of Appeal of Florida | Filed: Mar 9, 2005 | Docket: 64836571

Published

petitioned for Mr. Heath’s commitment pursuant to section 394.910, Florida Statutes (1999), on May 29, 2001.

Department of Children & Family Services v. J.W.

890 So. 2d 337, 2004 Fla. App. LEXIS 18820

District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 64835264

Published

called the “Jimmy Ryce Act,” (Florida Statutes § 394.910). Each of these statutes deal with involuntary

Garner v. State

839 So. 2d 924, 2003 Fla. App. LEXIS 3729, 2003 WL 1239643

District Court of Appeal of Florida | Filed: Mar 19, 2003 | Docket: 64821258

Published

facilities for sexually violent predators. See § 394.910, Fla. Stat. (1999). Lastly, we cannot agree that

Garcia v. State

848 So. 2d 1158, 2003 Fla. App. LEXIS 91, 2003 WL 47035

District Court of Appeal of Florida | Filed: Jan 8, 2003 | Docket: 64823857

Published

seeking to commit him under the Jimmy Ryce Act, section 394.910-.931, Florida Statutes, in light of a previous

State v. Rompre

837 So. 2d 453, 2002 Fla. App. LEXIS 18272, 2002 WL 31777638

District Court of Appeal of Florida | Filed: Dec 13, 2002 | Docket: 64820705

Published

met the criteria for commitment under Florida Statute 394.910 through 394.930. 4. That the State of Florida

Singleton v. State

829 So. 2d 402, 2002 Fla. App. LEXIS 16160, 2002 WL 31487168

District Court of Appeal of Florida | Filed: Nov 8, 2002 | Docket: 64818635

Published

Violent Predators’ Treatment and Care Act, section 394.910 -.931, Florida Statutes (2000), Edward Allen

Graham v. State

826 So. 2d 361, 2002 Fla. App. LEXIS 6400, 2002 WL 948281

District Court of Appeal of Florida | Filed: May 10, 2002 | Docket: 64817613

Published

pretrial detention under the Jimmy Ryce Act. See § 394.910— 394.931, Fla. Stat. (2001). We grant the petition

Widel v. Venz

805 So. 2d 1080, 2002 Fla. App. LEXIS 1083, 2002 WL 125624

District Court of Appeal of Florida | Filed: Feb 1, 2002 | Docket: 64812039

Published

Predators Act, commonly known as the Jimmy Ryce Act. § 394.910, et seq. The DCF is the entity responsible for

Widel v. Venz

792 So. 2d 1246, 2001 Fla. App. LEXIS 12251, 2001 WL 991953

District Court of Appeal of Florida | Filed: Aug 31, 2001 | Docket: 64807898

Published

Predators Act, commonly known as the Jimmy Ryce Act. § 394.910, et seq. The DCF is the entity responsible for