The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

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F.S. 394.913

394.913 Notice to state attorney and multidisciplinary team of release of sexually violent predator; establishing multidisciplinary teams; information to be provided to multidisciplinary teams.—

(1) The agency with jurisdiction over a person who has been convicted of a sexually violent offense shall give written notice to the multidisciplinary team and shall provide a copy of the notice to the state attorney of the circuit in which that person was last convicted of a sexually violent offense. If the person has never been convicted of a sexually violent offense in this state but has been convicted of a sexually violent offense in another state or in federal court, the agency with jurisdiction shall give written notice to the multidisciplinary team and a copy to the state attorney of the circuit in which the person was last convicted of any offense in this state. If the person is being confined in this state pursuant to interstate compact and has a prior or current conviction for a sexually violent offense, the agency with jurisdiction shall give written notice to the multidisciplinary team and shall provide a copy to the state attorney of the circuit in which the person plans to reside upon release or, if no residence in this state is planned, the state attorney in the circuit in which the facility from which the person to be released is located. Except as provided in s. 394.9135, the written notice must be given:

(a) At least 545 days before the anticipated release from total confinement of a person serving a sentence in the custody of the Department of Corrections, except that in the case of a person who is totally confined for a period of less than 545 days, written notice must be given as soon as practicable;

(b) At least 180 days before the anticipated release from residential commitment of a person committed to the custody of the Department of Juvenile Justice, except that in the case of a person who is committed to a low or moderate risk facility, written notice must be given as soon as practicable;

(c) At least 180 days before the anticipated hearing regarding possible release of a person committed to the custody of the department who has been found not guilty by reason of insanity or mental incapacity of a sexually violent offense; or

(d) At least 180 days before the anticipated release from total confinement of a person serving a sentence in a county or municipal jail, except that in the case of a person who is totally confined for a period of less than 180 days, written notice must be given as soon as practicable.

(2) The agency having jurisdiction shall provide the multidisciplinary team with the following information:

(a) The person’s name; identifying characteristics; anticipated future residence; the type of supervision the person will receive in the community, if any; and the person’s offense history;

(b) The person’s criminal history, including police reports, victim statements, presentence investigation reports, postsentence investigation reports, if available, and any other documents containing facts of the person’s criminal incidents or indicating whether the criminal incidents included sexual acts or were sexually motivated;

(d) Documentation of institutional adjustment and any treatment received and, in the case of an adjudicated delinquent committed to the Department of Juvenile Justice, copies of the most recent performance plan and performance summary; and

(e) If the person was returned to custody after a period of supervision, documentation of adjustment during supervision and any treatment received.

(3)(a) The secretary or his or her designee shall establish a multidisciplinary team or teams.

(b) Each team shall include, but need not be limited to, two licensed psychiatrists or psychologists or one licensed psychiatrist and one licensed psychologist who shall each have experience in or relevant to the evaluation or treatment of persons with mental abnormalities. The department shall provide annual training to the members of the multidisciplinary team on topics including, but not limited to, research on sexual offenses or offenders, clinical evaluation methods, and the civil commitment process. Members of the team who are hired on contract are limited to 1-year contracts. Such contracts may be renewed. The department shall regularly provide feedback to each multidisciplinary team member and formally evaluate annually the performance of each member of the multidisciplinary team. Such evaluations must include, but need not be limited to, the member’s:

1. Scope of knowledge and understanding of clinical research regarding risk factors for sexual deviance and recidivism;

2. Ability to identify relevant clinical data from review of criminal records and other information, including recommendations of law enforcement and insights from victim advocates; and

3. Ability to apply clinical information in a structured assessment of both static risk factors and dynamic predictors of recidivism.

(c) The department shall maintain data on each case on the recommendations of the clinical evaluators in their clinical evaluations, the final recommendations of the multidisciplinary team, the petitions filed by state attorneys, and the results of those petitions. The department shall analyze, at least annually, this data to assess inter-rater reliability between clinical evaluators and the level of agreement between an individual evaluator’s recommendation and the multidisciplinary team’s recommendation for the same individual. The department shall also assess trends in multidisciplinary team recommendations, state attorneys filings, and the results of such filings. The state attorneys shall provide information to the department regarding filings and their results as necessary to maintain this data.

(d) The multidisciplinary team shall assess and evaluate each person referred to the team. The multidisciplinary team shall prioritize the assessment and evaluation of persons referred under subsection (1) based upon the person’s scheduled release date. The assessment and evaluation must include a review of the person’s institutional history and treatment record, if any, the person’s criminal background, and any other factor that is relevant to the determination of whether the person is a sexually violent predator.

(e) The multidisciplinary team may consult with law enforcement agencies and victim advocate groups during the assessment and evaluation process. A clinical evaluation of the person may be conducted. A second clinical evaluation must be conducted if a member of the multidisciplinary team questions the conclusion of the first clinical evaluation. All members of the multidisciplinary team shall review, at a minimum, the information provided in subsection (2) and any clinical evaluation before making a recommendation pursuant to paragraph (g).

(f) Before recommending that a person meets the definition of a sexually violent predator, the person must be offered a personal interview. If the person agrees to participate in a personal interview, at least one member of the team who is a licensed psychiatrist or psychologist must conduct a personal interview of the person. If the person refuses to fully participate in a personal interview, the multidisciplinary team shall proceed with its recommendation without the interview.

(g) The multidisciplinary team shall complete all clinical evaluations and provide the state attorney a written assessment and recommendation as to whether the person meets the definition of a sexually violent predator at least 1 month before the person’s scheduled release date from the Department of Corrections, the Department of Juvenile Justice, or the Department of Children and Families. The multidisciplinary team shall complete all clinical evaluations and provide the state attorney a written assessment and recommendation as to whether the person meets the definition of a sexually violent predator at least 24 hours before the person’s scheduled release date from a county or municipal jail.

1. The department must recommend that the state attorney file a petition for civil commitment if at least two members of the multidisciplinary team determine that the person meets the definition of a sexually violent predator.

2. When the department determines that a person who has received a clinical evaluation does or does not meet the definition of a sexually violent predator, the written assessment and recommendation shall be sent to the state attorney. If the state attorney questions, in writing, the determination that the person does or does not meet the definition of a sexually violent predator, the multidisciplinary team must reexamine the case before a final written assessment and recommendation is provided to the state attorney.

(h) The Attorney General’s Office shall serve as legal counsel to the multidisciplinary team.

(4) The multidisciplinary team shall give equal consideration in the evaluation and assessment of an offender whose sexually violent offense was an attempt, criminal solicitation, or conspiracy, in violation of s. 777.04, to commit a sexually violent offense enumerated in s. 394.912(9) as it does in the evaluation and assessment of an offender who completed such an enumerated sexually violent offense. A rule or policy may not be established which reduces the level of consideration because the sexually violent offense was an attempt, criminal solicitation, or conspiracy.

(5) This section is not jurisdictional, and failure to comply with it in no way prevents the state attorney from proceeding against a person otherwise subject to this part.

History.—s. 5, ch. 98-64; s. 6, ch. 99-222; s. 81, ch. 2000-139; s. 1, ch. 2002-59; s. 1, ch. 2007-241; s. 1, ch. 2012-79; s. 3, ch. 2014-2; s. 2, ch. 2014-3; s. 102, ch. 2014-19; s. 39, ch. 2015-2.

Note.—Former s. 916.33.

F.S. 394.913 on Google Scholar

F.S. 394.913 on Casetext

Amendments to 394.913

Arrestable Offenses / Crimes under Fla. Stat. 394.913

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.913.

Annotations, Discussions, Cases:

Cases from cite.case.law:

C. HOOD, Jr. a. k. a. v. DEPARTMENT OF CHILDREN AND FAMILIES, E. DCF, SVPP, 700 F. App'x 988 (11th Cir. 2017)

. . . . §§ 394.910-394.913. . . .

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

. . . definition of a sexually violent predator, the team shall provide the state attorney, as designated by s. 394.913 . . . assessment and recommendation from the multidisciplinary team, the state attorney, as designated in s. 394.913 . . .

McCLAM, v. STATE, 185 So. 3d 571 (Fla. Dist. Ct. App. 2016)

. . . See §§ 394.913(3), 394.917(2), Fla. Stat. (2014). . . .

I. JACKSON, v. STATE, 166 So. 3d 906 (Fla. Dist. Ct. App. 2015)

. . . See § 394.913, Fla. Stat. (2008). Upon his release from prison, Mr. . . . assessment within 180 days as to whether the person meets the definition of a sexually violent predator. § 394.913 . . . multidisciplinary team that includes two licensed psychiatrists, or psychologists and a personal interview, § 394.913 . . . See § 394.913, Fla. Stat. (2008). DCF recommended commitment. See § 394.913(3)(e). . . .

REED, v. STATE, 159 So. 3d 845 (Fla. Dist. Ct. App. 2014)

. . . a person who has been convicted of a sexually violent offense in one of two ways: (1) under section 394.913 . . . lawful custody at the time any initial steps are taken in the commitment process under either section 394.913 . . .

STATE v. PHILLIPS,, 119 So. 3d 1233 (Fla. 2013)

. . . given to the State so that it may initiate commitment proceedings under the Act is found in section 394.913 . . . DOC may then properly comply with the requirement of furnishing written notice pursuant to section 394.913 . . . The term “total confinement” appears in both commitment procedures, sections 394.913 and 394.9135. . . . See § 394.913(1)(a), Fla. . . . See § 394.913(4), Fla. . . .

DAVIDSON, v. STATE, 105 So. 3d 672 (Fla. Dist. Ct. App. 2013)

. . . The proposed mental evaluation that has given rise to the present proceedings is not a section 394.913 . . . See § 394.913(3)(b), Fla. Stat. (2000). . . . See § 394.913(3)(c), Fla. Stat. (2000). . . .

A. EVANS, v. STATE, 125 So. 3d 799 (Fla. Dist. Ct. App. 2013)

. . . definition of a sexually violent predator, the team shall provide the state attorney, as designated by s. 394.913 . . . assessment and recommendation from the. multidisciplinary team, the state attorney, as designated in s. 394.913 . . .

S. ANDERSON, v. STATE, 93 So. 3d 1201 (Fla. Dist. Ct. App. 2012)

. . . in one of two ways: by giving notice to the multidisciplinary team and state attorney under section 394.913 . . . (1), Florida Statutes (2004), which begins the detailed process under that section, see §§ 394.913(l) . . .

MOREL, v. E. WILKINS,, 84 So. 3d 226 (Fla. 2012)

. . . See §§ 394.913(2), 394.9135(3), Fla. Stat. (2002). . . . See generally §§ 394.913(2)-(3), 394.9135(3), 394.914, 394.916(5), Fla. Stat. (2011). . . .

L. BOATMAN, v. STATE, 77 So. 3d 1242 (Fla. 2011)

. . . .” § 394.913(1), Fla. Stat. (2008). . . . Under section 394.913, which provides the applicable procedure when a person’s release has not become . . . of a sexually violent predator and to give a written recommendation to the state attorney and DCF. § 394.913 . . . Stat.; § 394.913(3)(e), Fla. Stat. . . .

K. BISHOP, v. SHELDON,, 68 So. 3d 259 (Fla. Dist. Ct. App. 2010)

. . . giving “written notice” to the multidisciplinary team and the state attorney as provided in section 394.913 . . . when written notice was given to the multidisciplinary team and the state attorney pursuant to section 394.913 . . . lawful custody when the State provided written notice to the multidisciplinary team pursuant to section 394.913 . . .

In COMMITMENT OF MOREL, v., 67 So. 3d 1062 (Fla. Dist. Ct. App. 2010)

. . . . § 394.913(1), .9135(3), Fla. Stat. (1999-2010). . . . petition is filed in the circuit where the individual was last convicted of any offense in this state. § 394.913 . . .

MADISON, v. STATE, 27 So. 3d 61 (Fla. Dist. Ct. App. 2009)

. . . evaluation of whether the inmate meets the definition of a sexually violent predator under section 394.913 . . .

MARSH, v. STATE, 14 So. 3d 1214 (Fla. Dist. Ct. App. 2009)

. . . of two ways-either by giving notice to the multidisci-pliua'ry team and state attorney under section 394.913 . . . (1), Florida Statutes (2004), which, begins the detailed process under that section, see § 394.913(1) . . . (Supp. 1998) (renumbered as section 394.913, and amended by ch. 99-222, § 6 at 1377, Laws of Fla.). . . . lawful custody at the time any initial steps are taken in the commitment process under either section 394.913 . . .

P. NEWSOME, v. BROWARD COUNTY PUBLIC DEFENDERS,, 304 F. App'x 814 (11th Cir. 2008)

. . . . §§ 394.913(1) and 916(1) were unconstitutional as applied. Id. ¶¶ 33 n. 2, 35-36, 43-45. . . . Section § 394.913(1) requires the Florida Department of Corrections to give notice of a potential civil . . . Stat. § 394.913(1). . . .

LARIMORE, v. STATE, 2 So. 3d 101 (Fla. 2008)

. . . (1), Florida Statutes (2004), which begins the detailed process under that section, see §§ 394.913(l) . . . See § 394.913(l)(b)-(c), Fla. Stat. (2004). . . . Section 394.913(3) provides for establishment of the multidisciplinary team or teams, and states that . . . We first turn to section 394.913(4). . . . Neither section 394.913(4) nor section 394.9135(4) can be read in isolation. . . .

WARD, v. STATE, 986 So. 2d 479 (Fla. 2008)

. . . Section 394.913(1) requires the agency having custody of an individual to give notice and information . . .

WARD, v. STATE, 936 So. 2d 1143 (Fla. Dist. Ct. App. 2006)

. . . For example, section 394.913 of the Ryce Act requires certain agencies, including the Florida Department . . . Corrections, or “180 days prior to [ ] anticipated release” in the case of the remaining agencies. § 394.913 . . . Section 394.913 clearly contemplates Ryce Act filings against individuals brought into custody in Florida . . . interpretation of the second clause of section 394.925 pressed by Ward would render this portion of section 394.913 . . . See, e.g., § 394.913, Fla. . . .

HARDEN, v. STATE, 932 So. 2d 1152 (Fla. Dist. Ct. App. 2006)

. . . See § 394.913, Fla. Stat. (2004). . . . When evaluating section 394.914 in conjunction with section 394.913, it becomes clear that Harden’s detention . . . Section 394.913(3) states, in pertinent part: (b) Each team shall include, but is not limited to, two . . . sexually violent predator and a written recommendation, which shall be provided to the state attorney. § 394.913 . . . assessment and recommendation from the multidisciplinary team, the state attorney, in accordance with s. 394.913 . . .

KEPHART, v. D. HADI, D. v., 932 So. 2d 1086 (Fla. 2006)

. . . . § 394.913(1), Fla. Stat. (2002). . . . . § 394.913(l)(a), Fla. Stat. (2002). . . . . § 394.913(3)(b), (e), Fla. Stat. (2002). . . . See § 394.913(1), Fla. Stat. (2002). . . . . .” § 394.913(4), Fla. Stat. (2002). . . . . assessment and recommendation from the multidisciplinary team, the state attorney, in accordance with s. 394.913 . . . See § 394.913(2)(a)-(e), Fla. . . . For example, section 394.913(l)(a) requires the Department of Corrections to give written notice of an . . . sexually violent offense at least 545 days prior to the prisoner’s anticipated release from custody. § 394.913 . . . subject to commitment and to provide the state attorney with its written assessment and recommendation. § 394.913 . . .

LARIMORE, v. STATE, 917 So. 2d 354 (Fla. Dist. Ct. App. 2005)

. . . Section 394.913(1), Florida Statutes (1999) (previously section 916.33(1)), provides that the agency . . . written notice must be given as soon as practicable following the person’s return to confinement. § 394.913 . . . which shall be provided to the state attorney by the Department of Children and Family Services. § 394.913 . . . However, the provisions of section 394.913 are not jurisdictional, and the failure to comply with them . . . state attorney from proceeding pursuant to the Act by filing a commitment petition in circuit court. § 394.913 . . .

GOLDEN, v. STATE, 913 So. 2d 744 (Fla. Dist. Ct. App. 2005)

. . . the responsibility for filing a probable cause petition with the state attorney pursuant to section 394.913 . . .

KAKUK, v. STATE, 908 So. 2d 1088 (Fla. Dist. Ct. App. 2005)

. . . their supporting evaluations based on their review of available records because, pursuant to section 394.913 . . . Section 394.913(2)(c) provides: Before recommending that a person meets the definition of a sexually . . .

In COMMITMENT OF T. HEATH. v. T., 895 So. 2d 1258 (Fla. Dist. Ct. App. 2005)

. . . Section 394.913(3)(b) requires a multidisciplinary team made up of at least two licensed psychiatrists . . .

In COMMITMENT OF A. ORTEGA. v. A. a k a, 891 So. 2d 623 (Fla. Dist. Ct. App. 2005)

. . . . § 394.913(3), Fla. Stat. (2004). . . .

STATE v. DUCHARME,, 892 So. 2d 1133 (Fla. Dist. Ct. App. 2004)

WILLIAMS, v. STATE, 882 So. 2d 1082 (Fla. Dist. Ct. App. 2004)

. . . See § 394.913(3), Fla. . . .

F. CURRY, v. STATE, 880 So. 2d 751 (Fla. Dist. Ct. App. 2004)

. . . See § 394.913(3), Fla. Stat. (2002). . . .

STATE v. MITCHELL,, 866 So. 2d 776 (Fla. Dist. Ct. App. 2004)

. . . State, 864 So.2d 1171 (Fla. 4th DCA 2004), that Appellee’s argument is refuted by sections 394.913(1) . . .

WASHINGTON, v. STATE, 866 So. 2d 725 (Fla. Dist. Ct. App. 2004)

. . . . § 394.913(1), Fla. Stat. . . .

TABOR, v. STATE, 864 So. 2d 1171 (Fla. Dist. Ct. App. 2004)

. . . Section 394.913(1) provides: The agency with jurisdiction over a person who has been convicted of a sexually . . . provide that a “sexually violent offense” includes federal convictions or convictions in other states. §§ 394.913 . . .

SIRMONS, v. REGIER,, 846 So. 2d 1151 (Fla. Dist. Ct. App. 2003)

. . . On May 24, 2001, the Department of Corrections (DOC), pursuant to section 394.913(1), gave written notice . . . On June 11, 2001, the multidisciplinary team gave written notice pursuant to section 394.913(3)(e) that . . . the multidisciplinary team and the state attorney at least 365 days prior to the person’s release. § 394.913 . . . However, this provision is not jurisdictional. § 394.913(3)(e). .For purposes of the Act, Gordon v. . . .

GORDON, v. REGIER,, 839 So. 2d 715 (Fla. Dist. Ct. App. 2003)

. . . . § 394.913(1). . . . .” § 394.913(l)(a). . . . . § 394.913(3)(e). The report is to include the written assessment of the multidisciplinary team. . . .

STATE v. ROMPRE,, 837 So. 2d 453 (Fla. Dist. Ct. App. 2002)

In COMMITMENT OF SUTTON. v., 828 So. 2d 1081 (Fla. Dist. Ct. App. 2002)

. . . Stat. (2000) (providing that rules of civil procedure apply to proceedings under the Act) with § 394.913 . . .

STATE v. GOODE,, 830 So. 2d 817 (Fla. 2002)

. . . Section 394.913 requires a multidisciplinary team made up of psychiatrists or psychologists to assess . . . inmates in Florida prisons who are serving sentences for sexually violent crimes. § 394.913, Fla. . . .

KEPHART, H. J. v. KEARNEY,, 826 So. 2d 517 (Fla. Dist. Ct. App. 2002)

. . . See § 394.913(3)(e). . . .

In COMMITMENT OF SMITH, v. STATE, 827 So. 2d 1026 (Fla. Dist. Ct. App. 2002)

. . . . § 394.913(1), (3)(a), Fla. Stat. (2001). . . . Before making its recommendations, the team must offer the person an interview, which may be refused. § 394.913 . . .

HUDSON, v. STATE, 825 So. 2d 460 (Fla. Dist. Ct. App. 2002)

. . . . § 394.913(1)(a). . . . Id. § 394.913(3)(e). . . .

HARRIS, v. STATE, 879 So. 2d 1223 (Fla. Dist. Ct. App. 2002)

. . . What is now codified as sections 394.913 and 394.9135, Florida Statutes (2001), does make assessment . . . assessment and recommendation from the multidisciplinary team, the state attorney, in accordance with s. 394.913 . . .

BARDO, v. STATE, 804 So. 2d 474 (Fla. Dist. Ct. App. 2001)

. . . See § 394.913, Fla. Stat. (2000). . . . See § 394.913(3)(e), Fla. Stat. (2000). . . . See § 394.913, Fla. Stat. (2000). . . .

WATROUS, v. STATE, 793 So. 2d 6 (Fla. Dist. Ct. App. 2001)

. . . See § 394.913(1) (providing that the agency with jurisdiction over a person who has been convicted of . . . the multidisciplinary team and state attorney one year before that person’s anticipated release); § 394.913 . . . See §§ 394.913(3), 394.912(10). . . .

WESTERHEIDE, v. STATE, 767 So. 2d 637 (Fla. Dist. Ct. App. 2000)

. . . See § 394.913(1),. Fla. Stat. (1999). . . . See § 394.913(3), Fla Stat. (1999). . . .

STATE v. JONES,, 764 So. 2d 655 (Fla. Dist. Ct. App. 2000)

. . . The statute was renumbered and amended as section 394.913(3), Florida Statutes (1999). . . .

STATE v. KOBEL,, 757 So. 2d 556 (Fla. Dist. Ct. App. 2000)

. . . definition of a sexually violent predator, the team shall provide the state attorney, as designated by s. 394.913 . . . the written assessment and recommendation from the ... team, the state attorney, as designated in s. 394.913 . . .

MEADOWS, v. KRISCHER, W. A., 763 So. 2d 1087 (Fla. Dist. Ct. App. 1999)

. . . See §§ 394.913(3)(e), 394.9135(3). . . . See § 394.913(3)(b). . . . See §§ 394.913(c), 394.915(l)-(2). . . .

JOHNSON, v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES OF STATE OF FLORIDA, 747 So. 2d 402 (Fla. Dist. Ct. App. 1999)

. . . See § 6, ch. 99-222, Laws of Fla., renumbering § 916.33 as § 394.913, and amending subsection (3)(e) . . .