Florida Statutes

Fla. Stat. § 394.914 (2025)

Petition; contents.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 23 cases, 1999–2018 · leading case: Kephart v. Hadi, 932 So. 2d 1086 (Fla. 2006).

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Kephart v. Hadi, 932 So. 2d 1086 (Fla. 2006). · cites it 13× “" § 394.914, Fla. Stat. (2001) (emphasis added).”

Larimore v. State, 2 So. 3d 101 (Fla. 2009). · cites it 4× “§ 394.914, Fla. Stat. (2004). Section 394.”

State v. Goode, 830 So. 2d 817 (Fla. 2002). · cites it 2× “" § 394.914, Fla. Stat. (1999). Section 394.”

Harris v. State, 879 So. 2d 1223 (Fla. 1st DCA 2002). · cites it 4× “See § 394.914, Fla. Stat. (2001) ("[T]he state attorney .”

Westerheide v. State, 767 So. 2d 637 (Fla. 5th DCA 2000). · cites it 2× “See § 394.914, Fla. Stat. (1999). If a commitment petition is filed, the court must determine whether probable cause exists to believe that the person qualifies as a sexually violent predator subject to commitment.”

Boatman v. State, 77 So. 3d 1242 (Fla. 2011). · cites it 3× “§ 394.914, Fla. Stat. The judge must then determine whether probable cause exists to believe that the individual is a sexually violent predator.”

Watrous v. State, 793 So. 2d 6 (Fla. 2d DCA 2001). “See § 394.914. [5] If the state attorney decides to pursue involuntary commitment, the person is entitled to a jury trial in which the State must prove by clear and convincing evidence that he or she is a sexually violent predator.”

Larimore v. State, 917 So. 2d 354 (Fla. 1st DCA 2005). · cites it 2× “See also § 394.914, Fla. Stat. (1999). In addition, section 394.”

Hudson v. State, 825 So. 2d 460 (Fla. 1st DCA 2002). “§ 394.914. If the state attorney elects to file such a petition, the circuit court must "determine whether probable cause exists to believe that the person .”

Gordon v. Regier, 839 So. 2d 715 (Fla. 2d DCA 2003). “§ 394.914. Prior to the expiration of the incarcerative sentence, the circuit court is to determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator.”

Harden v. State, 932 So. 2d 1152 (Fla. 3d DCA 2006). · cites it 12× “2 § 394.914, Fla. Stat. (2004). The issue before this court is whether, under the Jimmy Ryce Act, a positive recommendation from the multidisciplinary team that a person meets the definition of a sexually violent predator constitutes a condition precedent to the filing of the…”

Melvin v. State, 804 So. 2d 460 (Fla. 2d DCA 2001). “§ 394.914. The Act provides that upon the filing of such a petition "the judge shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator.”

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