The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

View Entire Chapter

F.S. 394.9125

394.9125 State attorney; authority to refer a person for civil commitment.—

(1) A state attorney shall refer a person to the department for civil commitment proceedings if:

(a) The state attorney receives an arrest alert on the person pursuant to s. 394.926(4); and

(b) The person is subsequently sentenced to a term of imprisonment in a county or municipal jail for any criminal offense.

(2) A state attorney may refer a person to the department for civil commitment proceedings if the person:

(a) Is required to register as a sexual offender pursuant to s. 943.0435;

(b) Has previously been convicted of a sexually violent offense as defined in s. 394.912(9)(a)-(h); and

(3) A state attorney who refers a person for civil commitment pursuant to subsection (1) or subsection (2) shall notify the county or municipal jail to which the person has been sentenced within 24 hours after the referral is made.

(4)(a) If a person is sentenced to a term of imprisonment in a county or municipal jail but is not subsequently totally confined in the jail due to receiving credit for time served, the state attorney may file a petition with the circuit court within 120 hours after such person’s sentencing proceeding requesting the court to order such person into the department’s custody for purposes of initiating civil commitment proceedings.

(b) If the judge determines that there is probable cause to believe that the person should have been referred to the department pursuant to subsection (1) or subsection (2) but that the referral was not made because the person was not totally confined in a county or municipal jail due to receiving credit for time served, the judge shall order that the person be taken into custody and delivered to the custody of the department for civil commitment proceedings.

History.—s. 2, ch. 2014-2; s. 65, ch. 2016-24; s. 9, ch. 2021-156.

F.S. 394.9125 on Google Scholar

F.S. 394.9125 on Casetext

Amendments to 394.9125

Arrestable Offenses / Crimes under Fla. Stat. 394.9125

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.9125.

Annotations, Discussions, Cases:

Cases from cite.case.law:

GERING, v. STATE, 252 So. 3d 334 (Fla. App. Ct. 2018)

. . . See generally §§ 394.9125 - 394.914, Fla. Stat. (2016). . . .

BARBER, v. STATE, 207 So.3d 910 (Fla. Dist. Ct. App. 2016)

. . . could apply to Barber’s situation, thereby rendering compliance with other subsections (394.9135(l)(b), 394.9125 . . . (1), and 394.9125(2)) immaterial. . . . untimely (by less than an hour) because it was not filed within the 120-hour time limit in section 394.9125 . . . But section 394.9125 does not apply. . . .