Florida Statutes
Fla. Stat. § 394.912 (2025)
Definitions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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
(c) Adjudicated delinquent of a sexually violent offense after a trial, guilty plea, or plea of nolo contendere.
(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.
Notes of Decisions
Cited in 92
cases (4 in the last 5 years), 1999–2026 · leading case: Westerheide v. State, 831 So. 2d 93 (Fla. 2002).
Westerheide v. State, 831 So. 2d 93 (Fla. 2002). “§ 394.912(10), Fla. Stat. (2001). This belies Westerheide's argument that the State is seeking retribution for a past misdeed; involuntary commitment under the Ryce Act is based upon an individual's current mental state that makes it likely the person will engage in acts of…”
Larimore v. State, 2 So. 3d 101 (Fla. 2009). “§ 394.912(1), Fla. Stat. (2004). This definition of "agency with jurisdiction" presupposes that the person is in custody.”
Westerheide v. State, 767 So. 2d 637 (Fla. 5th DCA 2000). “" § 394.912(10), Fla. Stat. (1999). A "mental abnormality" is defined as "a mental condition affecting a person's emotional or volitional capacity which predisposes the person to commit sexually violent offenses.”
State v. White, 891 So. 2d 502 (Fla. 2004). “For someone to be civilly committed under the Ryce Act, a factfinder must determine by clear and convincing evidence that the respondent (1) has been convicted of an enumerated sexually violent offense; and (2) suffers from a mental *503 abnormality or personality disorder that…”
Jamaal Ali Bilal v. Geo Care, LLC, 981 F.3d 903 (11th Cir. 2020). “” Fla. Stat. § 394.912 (10). 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…”
State v. Harris, 881 So. 2d 1079 (Fla. 2004). “" § 394.912(10), Fla. Stat. (2003). A "sexually violent offense" is defined as: (a) Murder of a human being while engaged in sexual battery in violation of s.”
Hudson v. State, 825 So. 2d 460 (Fla. 1st DCA 2002). “2072 ; see also § 394.912(10), Fla. Stat. (1999). Thus, while commitment may prevent future abnormal behavior and contribute to the care and treatment of the individual confined, it will not serve the goal of deterring others from similar misbehavior.”
Ward v. State, 936 So. 2d 1143 (Fla. 3d DCA 2006). “*1151 Section 394.912, Florida Statutes (1999), referred to above in the amended Act, is the definitional section of the Act.”
Ward v. State, 986 So. 2d 479 (Fla. 2008). “The 1999 amendment also expanded the definition of "total confinement" in section 394.912(10) to include those serving an incarcerative sentence under the custody of DOC or DJJ or being held in any other secure facility for any reason.”
Barker v. State, 877 So. 2d 59 (Fla. 4th DCA 2004). “§ 394.912, Fla. Stat. (2002) [3] It should be noted that any potential jury confusion could have been addressed through a revised verdict form.”
Harris v. State, 879 So. 2d 1223 (Fla. 1st DCA 2002). “Section 394.912(10) defines "sexually violent predator" as 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…”
Pedroza v. State, 773 So. 2d 639 (Fla. 5th DCA 2000). “§ 394.912(10), Fla. Stat. The definition of "sexually violent predator" is indeed circular, as set forth in the statute.”
— 394.912(1) — 5 cases
Larimore v. State, 2 So. 3d 101 (Fla. 2009). “§ 394.912(1), Fla. Stat. (2004). This definition of "agency with jurisdiction" presupposes that the person is in custody.”
Gordon v. Regier, 839 So. 2d 715 (Fla. 2d DCA 2003).
Barker v. State, 877 So. 2d 59 (Fla. 4th DCA 2004). “§ 394.912, Fla. Stat. (2002) [3] It should be noted that any potential jury confusion could have been addressed through a revised verdict form.”
Boatman v. State, 77 So. 3d 1242 (Fla. 2011).
Marsh v. State, 14 So. 3d 1214 (Fla. 3d DCA 2009).
— 394.912(10) — 41 cases
Westerheide v. State, 831 So. 2d 93 (Fla. 2002). “§ 394.912(10), Fla. Stat. (2001). This belies Westerheide's argument that the State is seeking retribution for a past misdeed; involuntary commitment under the Ryce Act is based upon an individual's current mental state that makes it likely the person will engage in acts of…”
Westerheide v. State, 767 So. 2d 637 (Fla. 5th DCA 2000). “" § 394.912(10), Fla. Stat. (1999). A "mental abnormality" is defined as "a mental condition affecting a person's emotional or volitional capacity which predisposes the person to commit sexually violent offenses.”
Hudson v. State, 825 So. 2d 460 (Fla. 1st DCA 2002). “2072 ; see also § 394.912(10), Fla. Stat. (1999). Thus, while commitment may prevent future abnormal behavior and contribute to the care and treatment of the individual confined, it will not serve the goal of deterring others from similar misbehavior.”
State v. Harris, 881 So. 2d 1079 (Fla. 2004). “" § 394.912(10), Fla. Stat. (2003). A "sexually violent offense" is defined as: (a) Murder of a human being while engaged in sexual battery in violation of s.”
State v. Goode, 830 So. 2d 817 (Fla. 2002).
— 394.912(10)(B) — 1 case
Shaw v. State, 29 So. 3d 1161 (Fla. 1st DCA 2010).
— 394.912(10)(a) — 5 cases
Harris v. State, 879 So. 2d 1223 (Fla. 1st DCA 2002). “Section 394.912(10) defines "sexually violent predator" as 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…”
Gering v. State, 252 So. 3d 334 (Fla. 3d DCA 2018).
State v. Phillips, 119 So. 3d 1233 (Fla. 2013).
Elman v. State, 877 So. 2d 782 (Fla. 1st DCA 2004).
Michael Alexander James v. State of Florida (Fla. 1st DCA 2026).
— 394.912(10)(b) — 14 cases
Westerheide v. State, 831 So. 2d 93 (Fla. 2002). “§ 394.912(10), Fla. Stat. (2001). This belies Westerheide's argument that the State is seeking retribution for a past misdeed; involuntary commitment under the Ryce Act is based upon an individual's current mental state that makes it likely the person will engage in acts of…”
Westerheide v. State, 767 So. 2d 637 (Fla. 5th DCA 2000). “" § 394.912(10), Fla. Stat. (1999). A "mental abnormality" is defined as "a mental condition affecting a person's emotional or volitional capacity which predisposes the person to commit sexually violent offenses.”
Lee v. State, 854 So. 2d 709 (Fla. 2d DCA 2003).
Adaway v. State, 902 So. 2d 746 (Fla. 2005).
Sloss v. State, 925 So. 2d 419 (Fla. 5th DCA 2006).
— 394.912(11) — 9 cases
Larimore v. State, 2 So. 3d 101 (Fla. 2009). “§ 394.912(1), Fla. Stat. (2004). This definition of "agency with jurisdiction" presupposes that the person is in custody.”
Ward v. State, 936 So. 2d 1143 (Fla. 3d DCA 2006). “*1151 Section 394.912, Florida Statutes (1999), referred to above in the amended Act, is the definitional section of the Act.”
Ward v. State, 986 So. 2d 479 (Fla. 2008). “The 1999 amendment also expanded the definition of "total confinement" in section 394.912(10) to include those serving an incarcerative sentence under the custody of DOC or DJJ or being held in any other secure facility for any reason.”
Gordon v. Regier, 839 So. 2d 715 (Fla. 2d DCA 2003).
Boatman v. State, 77 So. 3d 1242 (Fla. 2011).
— 394.912(2) — 4 cases
Westerheide v. State, 831 So. 2d 93 (Fla. 2002). “§ 394.912(10), Fla. Stat. (2001). This belies Westerheide's argument that the State is seeking retribution for a past misdeed; involuntary commitment under the Ryce Act is based upon an individual's current mental state that makes it likely the person will engage in acts of…”
State v. Brewer, 767 So. 2d 1249 (Fla. 5th DCA 2000).
Washington v. State, 988 So. 2d 724 (Fla. 4th DCA 2008).
Washington v. State, 988 So. 2d 724 (Fla. 4th DCA 2008).
— 394.912(2)(a) — 2 cases
Washington v. State, 988 So. 2d 724 (Fla. 4th DCA 2008).
Washington v. State, 988 So. 2d 724 (Fla. 4th DCA 2008).
— 394.912(2)(c) — 1 case
State v. Robbins, 785 So. 2d 620 (Fla. 5th DCA 2001).
— 394.912(4) — 7 cases
State v. White, 891 So. 2d 502 (Fla. 2004). “For someone to be civilly committed under the Ryce Act, a factfinder must determine by clear and convincing evidence that the respondent (1) has been convicted of an enumerated sexually violent offense; and (2) suffers from a mental *503 abnormality or personality disorder that…”
Westerheide v. State, 767 So. 2d 637 (Fla. 5th DCA 2000). “" § 394.912(10), Fla. Stat. (1999). A "mental abnormality" is defined as "a mental condition affecting a person's emotional or volitional capacity which predisposes the person to commit sexually violent offenses.”
Westerheide v. State, 831 So. 2d 93 (Fla. 2002). “§ 394.912(10), Fla. Stat. (2001). This belies Westerheide's argument that the State is seeking retribution for a past misdeed; involuntary commitment under the Ryce Act is based upon an individual's current mental state that makes it likely the person will engage in acts of…”
Pedroza v. State, 773 So. 2d 639 (Fla. 5th DCA 2000). “§ 394.912(10), Fla. Stat. The definition of "sexually violent predator" is indeed circular, as set forth in the statute.”
Hale v. State, 891 So. 2d 517 (Fla. 2004).
— 394.912(5) — 8 cases
Westerheide v. State, 767 So. 2d 637 (Fla. 5th DCA 2000). “" § 394.912(10), Fla. Stat. (1999). A "mental abnormality" is defined as "a mental condition affecting a person's emotional or volitional capacity which predisposes the person to commit sexually violent offenses.”
Westerheide v. State, 831 So. 2d 93 (Fla. 2002). “§ 394.912(10), Fla. Stat. (2001). This belies Westerheide's argument that the State is seeking retribution for a past misdeed; involuntary commitment under the Ryce Act is based upon an individual's current mental state that makes it likely the person will engage in acts of…”
State v. White, 891 So. 2d 502 (Fla. 2004). “For someone to be civilly committed under the Ryce Act, a factfinder must determine by clear and convincing evidence that the respondent (1) has been convicted of an enumerated sexually violent offense; and (2) suffers from a mental *503 abnormality or personality disorder that…”
State v. Shaw, 929 So. 2d 1145 (Fla. 5th DCA 2006).
Hudson v. State, 825 So. 2d 460 (Fla. 1st DCA 2002). “2072 ; see also § 394.912(10), Fla. Stat. (1999). Thus, while commitment may prevent future abnormal behavior and contribute to the care and treatment of the individual confined, it will not serve the goal of deterring others from similar misbehavior.”
— 394.912(8) — 2 cases
Abaunza v. State, 180 So. 3d 1201 (Fla. 1st DCA 2015).
William Junior Barber v. State of Florida, 207 So. 3d 910 (Fla. 1st DCA 2016).
— 394.912(9) — 13 cases
State v. Harris, 881 So. 2d 1079 (Fla. 2004). “" § 394.912(10), Fla. Stat. (2003). A "sexually violent offense" is defined as: (a) Murder of a human being while engaged in sexual battery in violation of s.”
State v. White, 891 So. 2d 502 (Fla. 2004). “For someone to be civilly committed under the Ryce Act, a factfinder must determine by clear and convincing evidence that the respondent (1) has been convicted of an enumerated sexually violent offense; and (2) suffers from a mental *503 abnormality or personality disorder that…”
Westerheide v. State, 767 So. 2d 637 (Fla. 5th DCA 2000). “" § 394.912(10), Fla. Stat. (1999). A "mental abnormality" is defined as "a mental condition affecting a person's emotional or volitional capacity which predisposes the person to commit sexually violent offenses.”
Barker v. State, 877 So. 2d 59 (Fla. 4th DCA 2004). “§ 394.912, Fla. Stat. (2002) [3] It should be noted that any potential jury confusion could have been addressed through a revised verdict form.”
In Re Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators, 13 So. 3d 1025 (Fla. 2009).
— 394.912(9)(10) — 2 cases
Ward v. State, 986 So. 2d 479 (Fla. 2008). “The 1999 amendment also expanded the definition of "total confinement" in section 394.912(10) to include those serving an incarcerative sentence under the custody of DOC or DJJ or being held in any other secure facility for any reason.”
Ward v. State, 936 So. 2d 1143 (Fla. 3d DCA 2006). “*1151 Section 394.912, Florida Statutes (1999), referred to above in the amended Act, is the definitional section of the Act.”
— 394.912(9)(b) — 1 case
Hartzog v. State, 133 So. 3d 570 (Fla. 1st DCA 2014).
— 394.912(9)(d) — 2 cases
State v. Shaw, 929 So. 2d 1145 (Fla. 5th DCA 2006).
Luedtke v. State, 6 So. 3d 653 (Fla. 2d DCA 2009).
— 394.912(9)(e) — 3 cases
Harris v. State, 879 So. 2d 1223 (Fla. 1st DCA 2002). “Section 394.912(10) defines "sexually violent predator" as 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…”
Johnson v. State, 971 So. 2d 212 (Fla. 4th DCA 2008).
Spivey v. State, 12 So. 3d 880 (Fla. 5th DCA 2009).
— 394.912(9)(g) — 4 cases
Ward v. State, 986 So. 2d 479 (Fla. 2008). “The 1999 amendment also expanded the definition of "total confinement" in section 394.912(10) to include those serving an incarcerative sentence under the custody of DOC or DJJ or being held in any other secure facility for any reason.”
Ward v. State, 936 So. 2d 1143 (Fla. 3d DCA 2006). “*1151 Section 394.912, Florida Statutes (1999), referred to above in the amended Act, is the definitional section of the Act.”
Stand. Jury Inst.-Crim. Cases (99-2), 777 So. 2d 366 (Fla. 2000).
Tabor v. State, 864 So. 2d 1171 (Fla. 4th DCA 2004).
— 394.912(9)(h) — 6 cases
Westerheide v. State, 767 So. 2d 637 (Fla. 5th DCA 2000). “" § 394.912(10), Fla. Stat. (1999). A "mental abnormality" is defined as "a mental condition affecting a person's emotional or volitional capacity which predisposes the person to commit sexually violent offenses.”
Barker v. State, 877 So. 2d 59 (Fla. 4th DCA 2004). “§ 394.912, Fla. Stat. (2002) [3] It should be noted that any potential jury confusion could have been addressed through a revised verdict form.”
Stand. Jury Inst.-Crim. Cases (99-2), 777 So. 2d 366 (Fla. 2000).
Pedroza v. State, 773 So. 2d 639 (Fla. 5th DCA 2000). “§ 394.912(10), Fla. Stat. The definition of "sexually violent predator" is indeed circular, as set forth in the statute.”
In Re Amend. to Rule of Crim. Proc. 3.172, 911 So. 2d 763 (Fla. 2005).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.