Florida Statute 394.913 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

View Entire Chapter

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 CourtListener

Amendments to 394.913

Annotations, Discussions, Cases:

Cases Citing Statute 394.913

Total Results: 41

State v. Goode

830 So. 2d 817, 2002 WL 31317996

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

Cited 77 times | Published

treatment." § 394.912(10), Fla. Stat. (1999). Section 394.913 requires a multidisciplinary team made up of

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

individual who meets the criteria under the Act.[3]See § 394.913(1), Fla. Stat. (1999). The multidisciplinary team

Kephart v. Hadi

932 So. 2d 1086, 2006 WL 1548026

Supreme Court of Florida | Filed: Jun 8, 2006 | Docket: 2452449

Cited 36 times | Published

sources of information furnished by others. See § 394.913(2)(a)-(e), Fla. Stat. (2002) (stating that the

Watrous v. State

793 So. 2d 6, 2001 WL 219982

District Court of Appeal of Florida | Filed: Mar 7, 2001 | Docket: 2031700

Cited 20 times | Published

of a conviction for a qualifying offense. See § 394.913(1) (providing that the agency with jurisdiction

Larimore v. State

2 So. 3d 101, 2008 WL 5170550

Supreme Court of Florida | Filed: Jan 29, 2009 | Docket: 1643833

Cited 19 times | Published

multidisciplinary team and state attorney under section 394.913(1), Florida Statutes (2004), which begins the

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

person's release from total confinement. Id. § 394.913(1)(a). Within 90 days after receiving the information

Valdez v. Moore

745 So. 2d 1009, 1999 WL 817181

District Court of Appeal of Florida | Filed: Sep 30, 1999 | Docket: 2489474

Cited 13 times | Published

address the lack of a probable cause hearing. Section 394 .913(3) provides that a team of psychiatrists or

Gordon v. Regier

839 So. 2d 715, 2003 WL 118228

District Court of Appeal of Florida | Filed: Jan 15, 2003 | Docket: 1296265

Cited 12 times | Published

multidisciplinary team appointed by the DCF. § 394.913(1). In the case of a person who is returned to

State v. Jones

764 So. 2d 655, 25 Fla. L. Weekly Fed. D 1227

District Court of Appeal of Florida | Filed: May 15, 2000 | Docket: 470340

Cited 11 times | Published

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

Tabor v. State

864 So. 2d 1171, 2004 WL 32657

District Court of Appeal of Florida | Filed: Jan 7, 2004 | Docket: 1426159

Cited 9 times | Published

any other secure facility for any reason." Section 394.913(1) provides: The agency with jurisdiction over

Melvin v. State

804 So. 2d 460, 2001 WL 1448749

District Court of Appeal of Florida | Filed: Nov 16, 2001 | Docket: 1334474

Cited 8 times | Published

multidisciplinary team of mental health professionals. § 394.913. After receiving the team's written assessment

Ward v. State

986 So. 2d 479, 2008 WL 150527

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

Cited 7 times | Published

violent offenses." Hale, 891 So.2d at 521. Section 394.913(1) requires the agency having custody of an

Johnson v. DEPT. OF CHILDREN & FAMILY

747 So. 2d 402, 1999 WL 816983

District Court of Appeal of Florida | Filed: Oct 6, 1999 | Docket: 179852

Cited 7 times | Published

99-222, Laws of Fla., renumbering § 916.33 as § 394.913, and amending subsection (3)(e) to read: "Within

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

multidisciplinary team and state attorney under section 394.913(1), Florida Statutes (2004), which begins the

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

Act support this conclusion. For example, section 394.913 of the Ryce Act requires certain agencies,

Commitment of Smith v. State

827 So. 2d 1026, 2002 WL 31016508

District Court of Appeal of Florida | Filed: Sep 11, 2002 | Docket: 1726435

Cited 6 times | Published

psychiatrists or psychologists or one of each. § 394.913(1), (3)(a), Fla. Stat. (2001). This team conducts

Meadows v. Krischer

763 So. 2d 1087, 1999 WL 1037986

District Court of Appeal of Florida | Filed: Nov 17, 1999 | Docket: 1681677

Cited 6 times | Published

psychiatrists or psychologists, or one of each. See § 394.913(3)(b). We find that the petition, even without

Larimore v. State

917 So. 2d 354, 2005 WL 3543920

District Court of Appeal of Florida | Filed: Dec 29, 2005 | Docket: 448342

Cited 4 times | Published

("Mental Health"). Ch. 99-222, Laws of Fla. Section 394.913(1), Florida Statutes (1999) (previously section

Kephart v. Kearney

826 So. 2d 517, 2002 WL 31115267

District Court of Appeal of Florida | Filed: Sep 25, 2002 | Docket: 1198220

Cited 4 times | Published

definition of a "sexually violent predator." See § 394.913(3)(e). A person convicted of a sexually violent

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

team and the state attorney as provided in section 394.913(1), Florida Statutes (1999), or by transferring

Madison v. State

27 So. 3d 61, 2009 Fla. App. LEXIS 9667, 2009 WL 2048920

District Court of Appeal of Florida | Filed: Jul 16, 2009 | Docket: 1205358

Cited 3 times | Published

definition of a sexually violent predator under section 394.913(1), Florida Statutes; or (2) when an inmate's

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

multidisciplinary team consisting of six psychologists. See § 394.913(3), Fla. Stat. (2002). The multidisciplinary team

Washington v. State

866 So. 2d 725, 2004 Fla. App. LEXIS 2586, 2004 WL 57286

District Court of Appeal of Florida | Filed: Mar 3, 2004 | Docket: 1680097

Cited 3 times | Published

in advance of the anticipated date of release. § 394.913(1), Fla. Stat. Such inmates are referred to the

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

commitment proceedings under the Act is found in section 394.913 (involving the furnishing of written notice

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

Department of Corrections (DOC), pursuant to section 394.913(1), gave written notice to the multidisciplinary

Jackson v. State

166 So. 3d 906, 2015 Fla. App. LEXIS 9208, 2015 WL 3757071

District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 60248411

Cited 1 times | Published

commitment as a sexually violent predator. See § 394.913, Fla. Stat. (2008). Upon his release from prison

Williams v. State

882 So. 2d 1082, 29 Fla. L. Weekly Fed. D 2011

District Court of Appeal of Florida | Filed: Sep 1, 2004 | Docket: 1289595

Cited 1 times | Published

long-term control, care, and treatment."). [3] See § 394.913(3), Fla. Stat. (2003) (requiring multi-disciplinary

In Re Commitment of Sutton

828 So. 2d 1081, 2002 WL 31396927

District Court of Appeal of Florida | Filed: Oct 25, 2002 | Docket: 1523180

Cited 1 times | Published

procedure apply to proceedings under the Act) with § 394.913(3)(c), Fla. Stat. (2000) (providing that person

Victor Reed v. State of Florida

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

District Court of Appeal of Florida | Filed: Aug 7, 2014 | Docket: 836148

Published

violent offense in one of two ways: (1) under section 394.913, Florida Statutes, by giving notice to the

Davidson v. State

105 So. 3d 672, 2013 WL 439773

District Court of Appeal of Florida | Filed: Feb 5, 2013 | Docket: 60227970

Published

given rise to the present proceedings is not a section 394.913(3)(c) “personal interview” or part of the multidisciplinary

Boatman v. State

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

Supreme Court of Florida | Filed: Dec 15, 2011 | Docket: 60304656

Published

sexually violent offense.” § 394.913(1), Fla. Stat. (2008).5 Under section 394.913, which provides the applicable

Morel v. Sheldon

67 So. 3d 1062, 2010 Fla. App. LEXIS 18305, 2010 WL 4861507

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 60301921

Published

last convicted of a sexually violent offense. § 394.913(1), .9135(3), Fla. Stat. (1999-2010).1 Thus, it

Marsh v. State

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

District Court of Appeal of Florida | Filed: Jun 24, 2009 | Docket: 1650877

Published

multidisciplinary team and state attorney under section 394.913(1), Florida Statutes (2004), which begins the

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

person’s release from total confinement. See § 394.913, Fla. Stat. (2004). The multidisciplinary team

Golden v. State

913 So. 2d 744, 2005 WL 2899475

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

Published

petition with the state attorney pursuant to section 394.913, and concluded that because the Legislature

Kakuk v. State

908 So. 2d 1088, 2005 Fla. App. LEXIS 10505, 2005 WL 1583358

District Court of Appeal of Florida | Filed: Jul 8, 2005 | Docket: 64840002

Published

pursuant to section 394.913(2)(c), Kakuk had declined a personal interview with them. Section 394.913(2)(c)

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

Commitment of Sexually Violent Predators”). . Section 394.913(3)(b) requires a multidisciplinary team made

State v. Ortega

891 So. 2d 623, 2005 Fla. App. LEXIS 563

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 64835483

Published

in chapter 394, Florida Statutes (2004). . § 394.913(3), Fla. Stat. (2004). The statute provides that

In Re Commitment of Ortega

891 So. 2d 623, 2005 WL 155468

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 1704548

Published

in chapter 394, Florida Statutes (2004). [2] § 394.913(3), Fla. Stat. (2004). The statute provides that

Washington v. State

866 So. 2d 725, 2004 Fla. App. LEXIS 206, 2004 WL 57286

District Court of Appeal of Florida | Filed: Jan 14, 2004 | Docket: 64828349

Published

in advance of the anticipated date of release. § 394.913(1), Fla. Stat. Such inmates are referred to the

Bardo v. State

804 So. 2d 474, 2001 WL 1518295

District Court of Appeal of Florida | Filed: Nov 30, 2001 | Docket: 1334661

Published

definition of sexually violent predators. See § 394.913, Fla. Stat. (2000). The legislation anticipates