Florida Statute 394.914 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

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F.S. 394.914

394.914 Petition; contents.—After receipt from the multidisciplinary team of the written assessment and positive or negative recommendation as to whether the person meets the definition of a sexually violent predator, the state attorney, in accordance with s. 394.913, may file a petition with the circuit court alleging that the person is a sexually violent predator and stating facts sufficient to support such allegation. A fee may not be charged for the filing of a petition under this section.

History.—s. 6, ch. 98-64; s. 8, ch. 99-222; s. 5, ch. 2014-2.

Note.—Former s. 916.34.

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Amendments to 394.914

Annotations, Discussions, Cases:

Cases Citing Statute 394.914

Total Results: 22

State v. Goode

830 So. 2d 817, 2002 WL 31317996

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

Cited 77 times | Published

facts sufficient to support such allegation." § 394.914, Fla. Stat. (1999). Section 394.915(1) authorizes

State v. Goode

830 So. 2d 817, 2002 WL 31317996

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

Cited 77 times | Published

facts sufficient to support such allegation." § 394.914, Fla. Stat. (1999). Section 394.915(1) authorizes

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

predator and seeking commitment under the Act. See § 394.914, Fla. Stat. (1999). If a commitment petition is

Kephart v. Hadi

932 So. 2d 1086, 2006 WL 1548026

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

Cited 36 times | Published

probable cause petition filed pursuant to section 394.914 be supported by sworn proof.[4] As we said

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

has discretion whether to seek commitment. See § 394.914.[5] If the state attorney decides to pursue involuntary

Larimore v. State

2 So. 3d 101, 2008 WL 5170550

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

Cited 19 times | Published

that the person is a sexually violent predator. § 394.914, Fla. Stat. (2004). Section 394.915(1) then provides

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

facts sufficient to support such allegation." Id. § 394.914. If the state attorney elects to file such a petition

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

be released is a sexually violent predator. Section 394.914 authorizes the state attorney, after receiving

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

that the person is a sexually violent predator. § 394.914. Prior to the expiration of the incarcerative

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

person involuntarily committed under the Act. § 394.914. The Act provides that upon the filing of such

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

ability to file a petition under the statute. § 394.914, Fla. Stat. Finally, Taylor’s suggested right

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

whether a commitment petition should be filed. § 394.914. If filed, the trial court determines whether

State v. Brewer

767 So. 2d 1249, 2000 WL 1298772

District Court of Appeal of Florida | Filed: Sep 15, 2000 | Docket: 1661506

Cited 5 times | Published

the person is a sexually violent predator." Section 394.914, Florida Statutes. And a "sexually violent

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

court. § 394.913(3), Fla. Stat. (1999). See also § 394.914, Fla. Stat. (1999). In addition, section 394.9135

Ennis v. Regier

869 So. 2d 701, 2004 WL 690572

District Court of Appeal of Florida | Filed: Apr 2, 2004 | Docket: 1175618

Cited 2 times | Published

as a sexually violent predator pursuant to section 394.914, Florida Statutes (2000). Thus, rather than

Harris v. State

879 So. 2d 1223, 2002 WL 731699

District Court of Appeal of Florida | Filed: Oct 4, 2002 | Docket: 463814

Cited 2 times | Published

a civil commitment action against Harris. Section 394.914, Florida Statutes (1999), provides: "Following

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

Jackson as a sexually violent predator. See § 394.914. In July 2009, the trial court determined that

TERRY D. WILLIAMS v. STATE OF FLORIDA

244 So. 3d 318

District Court of Appeal of Florida | Filed: Apr 25, 2018 | Docket: 6375003

Published

violent predator pursuant to the Jimmy Ryce Act, section 394.914, Florida Statutes (2016). It alleged that:

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

the individual is a sexually violent predator. § 394.914, Fla. Stat. The judge must then determine whether

In Re Commitment of Jackson

77 So. 3d 651, 36 Fla. L. Weekly Fed. D 1854

District Court of Appeal of Florida | Filed: Aug 19, 2011 | Docket: 2360097

Published

for involuntary civil commitment pursuant to section 394.914, Florida Statutes (2007). While the commitment

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

that the person is a sexually violent predator.2 § 394.914, Fla. Stat. (2004). The issue before this court

Bardo v. State

804 So. 2d 474, 2001 WL 1518295

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

Published

be declared a sexually violent predator. See § 394.914, Fla. Stat. (2000). The legislation provides that