Florida Statute 394.912 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

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F.S. 394.912

394.912 Definitions.—As used in this part, the term:

(1) “Agency with jurisdiction” means the entity 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, a person who was involuntarily committed to the custody of the Department of Children and Families upon an adjudication of not guilty by reason of insanity, or a person who is serving a sentence in a county or municipal jail for a sexually violent offense as defined in paragraph (9)(i).

(2) “Convicted of a sexually violent offense” means a person who has been:

(a) Adjudicated guilty of a sexually violent offense after a trial, guilty plea, or plea of nolo contendere;

(b) Adjudicated not guilty by reason of insanity of a sexually violent offense; or

(3) “Department” means the Department of Children and Families.

(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.

(5) “Mental abnormality” means a mental condition affecting a person’s emotional or volitional capacity which predisposes the person to commit sexually violent offenses.

(6) “Person” means an individual 18 years of age or older who is a potential or actual subject of proceedings under this part.

(7) “Secretary” means the secretary of the Department of Children and Families.

(8) “Sexually motivated” means that one of the purposes for which the defendant committed the crime was for sexual gratification.

(9) “Sexually violent offense” means:

(a) Murder of a human being while engaged in sexual battery in violation of s. 782.04(1)(a)2.;

(b) Kidnapping of a child under the age of 13 and, in the course of that offense, committing:

1. Sexual battery; or

2. A lewd, lascivious, or indecent assault or act upon or in the presence of the child;

(c) Committing the offense of false imprisonment upon a child under the age of 13 and, in the course of that offense, committing:

1. Sexual battery; or

2. A lewd, lascivious, or indecent assault or act upon or in the presence of the child;

(d) Sexual battery in violation of s. 794.011;

(e) Lewd, lascivious, or indecent assault or act upon or in presence of the child in violation of s. 800.04 or s. 847.0135(5);

(f) An attempt, criminal solicitation, or conspiracy, in violation of s. 777.04, of a sexually violent offense;

(g) Any conviction for a felony offense in effect at any time before October 1, 1998, which is comparable to a sexually violent offense under paragraphs (a)-(f) or any federal conviction or conviction in another state for a felony offense that in this state would be a sexually violent offense;

(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; or

(i) A criminal offense in which the state attorney refers a person to the department for civil commitment proceedings pursuant to s. 394.9125.

(10) “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 of sexual violence if not confined in a secure facility for long-term control, care, and treatment.

(11) “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 Families. A person shall also be deemed to be in total confinement for applicability of provisions under this part if:

(a) 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;

(b) The person is serving a sentence in a county or municipal jail for a sexually violent offense as defined in paragraph (9)(i); or

(c) A court or the agency with jurisdiction determines that the person who is being held should have been lawfully released at an earlier date and that the provisions of this part would have been applicable to the person on the date that he or she should have been lawfully released.

History.—s. 4, ch. 98-64; s. 5, ch. 99-222; s. 3, ch. 2000-246; s. 11, ch. 2008-172; s. 1, ch. 2014-2; s. 101, ch. 2014-19; s. 29, ch. 2016-24.

Note.—Former s. 916.32.

F.S. 394.912 on Google Scholar

F.S. 394.912 on Casetext

Amendments to 394.912

Arrestable Offenses / Crimes under Fla. Stat. 394.912

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.912.

Annotations, Discussions, Cases:

Cases Citing Statute 394.912

Total Results: 20

Gering v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-07-25

Citation: 252 So. 3d 334

Snippet: treatment.” Phillips, 119 So. 3d at 1237 (quoting § 394.912(10)(a), (b), Fla. Stat. (2005)). Gering’s

JAMES T. STENGEL v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-05-02

Citation: 248 So. 3d 127

Snippet: White, 891 So. 2d 502, 506 (Fla. 2004); see also § 394.912(10), Fla. Stat. (2015). Thus, when “determining

William Junior Barber v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-06-30

Citation: 207 So. 3d 910, 2016 Fla. App. LEXIS 10126

Snippet: doubt to have been sexually motivated.” § 394.912(9)(h), Fla. Stat. (2014) (emphasis added). The

Abaunza v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-12-11

Citation: 180 So. 3d 1201, 2015 Fla. App. LEXIS 18554, 2015 WL 8519504

Snippet: history of sexually motivated offenses. See § 394.912(8) and (9), Fla. Stat.' (2014). After a finding

Charles Michael Phillips v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-10-21

Citation: 178 So. 3d 468, 2015 Fla. App. LEXIS 15634

Snippet: violent offense, as that term is defined in s. 394.912(9), as well as to all persons convicted of a sexually

Jamaal Ali Bilal v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-02-27

Citation: 157 So. 3d 1093, 2015 Fla. App. LEXIS 2845, 2015 WL 848069

Snippet: violent predator under the Jimmy Ryce Act. See § 394.912(10), Fla. Stat. Mr. Bilal had been diagnosed with

Victor Reed v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2014-08-07

Citation: 159 So. 3d 845, 2014 WL 3865842, 2014 Fla. App. LEXIS 12138

Snippet: other secure facility for any reason. § 394.912(1 l)(a), Fla. Stat. (2012). 5 .

Hartzog v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-02-17

Citation: 133 So. 3d 570, 2014 WL 594354, 2014 Fla. App. LEXIS 2094

Snippet: predator” as that term is defined in sections 394.912(10) and 775.21(4)(d), Florida Statutes (2012),

Ward v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-04-10

Citation: 111 So. 3d 225, 2013 WL 1442160, 2013 Fla. App. LEXIS 5696

Snippet: issue during the earlier proceedings” (quoting § 394.912(10), Fla. Stat. (2010))); cf. Mass v. State, 927

State v. Phillips

Court: Supreme Court of Florida | Date Filed: 2013-04-04

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

Snippet: violent offense, as that term is defined in s. 394.912(9), as well as to all persons convicted of a sexually

Morel v. Wilkins

Court: Supreme Court of Florida | Date Filed: 2012-03-08

Citation: 84 So. 3d 226, 37 Fla. L. Weekly Supp. 161, 2012 WL 739209, 2012 Fla. LEXIS 490

Snippet: “sexually violent predator” as defined in section 394.912, Florida Statutes (2002), and thus “eligible for

Larimore v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-01-06

Citation: 76 So. 3d 1121, 2012 Fla. App. LEXIS 51, 2012 WL 28794

Snippet: for long-term control, care, and treatment.” § 394.912(10), Fla. Stat. (2010). While the qualifying offenses

Boatman v. State

Court: Supreme Court of Florida | Date Filed: 2011-12-15

Citation: 77 So. 3d 1242, 36 Fla. L. Weekly Supp. 728, 2011 Fla. LEXIS 2877, 2011 WL 6220660

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

In Re Commitment of Jackson

Court: District Court of Appeal of Florida | Date Filed: 2011-08-19

Citation: 77 So. 3d 651

Snippet: "sexually violent predator," as defined by section 394.912 because he did not require secure confinement for

Milner v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-12-15

Citation: 50 So. 3d 711, 2010 Fla. App. LEXIS 19087, 2010 WL 5093166

Snippet: v. White, 891 So.2d 502, 502-03 (Fla.2004); § 394.912(10), Fla. Stat. The first element was not disputed

Shaw v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-02-18

Citation: 29 So. 3d 1161, 2010 Fla. App. LEXIS 1646, 2010 WL 547158

Snippet: for long-term control, care, and treatment." § 394.912(10)(B), Fla. Stat. (2008). We affirm. After an

Stephens v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-02-12

Citation: 43 So. 3d 709, 2010 Fla. App. LEXIS 1419, 2010 WL 480991

Snippet: sexually violent predator under the Jimmy Ryce Act. § 394.912(10), Fla. Stat. (2009). On March 31, 2006, the

Cotton v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-10-14

Citation: 22 So. 3d 638, 2009 Fla. App. LEXIS 15570, 2009 WL 3277801

Snippet: commitment pursuant to the Jimmy Ryce Act. §§ 394.912 and 394.9155, Fla. Stat. Appellant raises four

In Re Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators

Court: Supreme Court of Florida | Date Filed: 2009-07-09

Citation: 13 So. 3d 1025, 34 Fla. L. Weekly Supp. 405, 2009 Fla. LEXIS 1020, 2009 WL 1956384

Snippet: sexually violent offense as defined by section 394.912(9), Florida Statutes (2008), and who is likely

Marsh v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-06-24

Citation: 14 So. 3d 1214, 2009 Fla. App. LEXIS 8511, 2009 WL 1766642

Snippet: "agency with jurisdiction" pursuant to section 394.912(1), Florida Statutes (2008).