Florida Statutes
Fla. Stat. § 394.915 (2025)
Determination of probable cause; hearing; evaluation; respondent taken into custody; bail.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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394.915 Determination of probable cause; hearing; evaluation; respondent taken into custody; bail.—
(1) When the state attorney files a petition seeking to have a person declared a sexually violent predator, the judge shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If the judge determines that there is probable cause to believe that the person is a sexually violent predator, the judge shall order that the person remain in custody and be immediately transferred to an appropriate secure facility if the person’s incarcerative sentence expires.
(2) Upon the expiration of the incarcerative sentence and before the release from custody of a person whom the multidisciplinary team recommends for civil commitment, but after the state attorney files a petition under s. 394.914, the court may conduct an adversarial probable cause hearing if it determines such hearing is necessary. The court shall only consider whether to have an adversarial probable cause hearing in cases where the failure to begin a trial is not the result of any delay caused by the respondent. The person shall be provided with notice of, and an opportunity to appear in person at, an adversarial hearing. At this hearing, the judge shall:
(a) Receive evidence and hear argument from the person and the state attorney; and
(b) Determine whether probable cause exists to believe that the person is a sexually violent predator.
(3) At the adversarial probable cause hearing, the person has the right to:
(a) Be represented by counsel;
(b) Present evidence;
(c) Cross-examine any witnesses who testify against the person; and
(d) View and copy all petitions and reports in the court file.
(4) If the court again concludes that there is probable cause to believe that the person is a sexually violent predator, the court shall order that the person be held in an appropriate secure facility upon the expiration of his or her incarcerative sentence.
(5) After a court finds probable cause to believe that the person is a sexually violent predator, the person must be held in custody in a secure facility without opportunity for pretrial release or release during the trial proceedings.
Note.—Former s. 916.35.
Notes of Decisions
Cited in 55
cases (4 in the last 5 years), 1999–2023 · leading case: Larimore v. State, 2 So. 3d 101 (Fla. 2009).
Larimore v. State, 2 So. 3d 101 (Fla. 2009). “§ 394.915, Fla. Stat. (2004) (emphases added).”
State v. Goode, 830 So. 2d 817 (Fla. 2002). “See § 394.915, Fla. Stat. (1999). The only additional guidance given by the Legislature for when to hold such a hearing was that the trial court "may conduct an adversarial probable cause hearing if it determines such hearing is necessary" and that the court should hold the…”
Kephart v. Hadi, 932 So. 2d 1086 (Fla. 2006). “§ 394.915(1), Fla. Stat. (2002). However, if the offender's sentence expires or has already expired, the court must determine whether to hold an adversarial probable cause hearing with evidence, witnesses, and representation by counsel.”
Westerheide v. State, 767 So. 2d 637 (Fla. 5th DCA 2000). “See § 394.915, Fla. Stat. (1999). If the court finds that probable cause does exist, the individual will be transferred to a secure facility.”
State v. Phillips, 119 So. 3d 1233 (Fla. 2013). “§ 394.915, Fla. Stat. (2005). The failure to amend the title of section 394.”
Osborne v. State, 907 So. 2d 505 (Fla. 2005). “Section 394.915, Florida Statutes (1999), provides that once probable cause has been found in a Ryce Act case, the respondent is to be held securely awaiting trial once his incarcerative sentence expires.”
Melvin v. State, 804 So. 2d 460 (Fla. 2d DCA 2001). “" § 394.915(1). If so, the judge must order the person detained pending the trial in the commitment proceeding.”
Morel v. Wilkins, 84 So. 3d 226 (Fla. 2012). “912, Florida Statutes (2002), and thus “eligible for commitment,” and ordered DCF to hold Morel pursuant to section 394.915, Florida Statutes (2002).”
State v. Kobel, 757 So. 2d 556 (Fla. 4th DCA 2000). “§ 394.915, Fla. Stat. (1999). [2] In Valdez , this court noted that the state, in defending the constitutionality of the Act: repeatedly emphasiz[ed] that in the typical case the procedures in the act will be carried out while the person is still incarcerated pursuant to the…”
Boatman v. State, 77 So. 3d 1242 (Fla. 2011). “§ 394.915(1), Fla. Stat. If the judge determines that there is probable cause, then the judge must order that the individual “remain in custody and be immediately transferred to an appropriate secure facility if the person’s incarcerative sentence expires.”
State v. Kinder, 830 So. 2d 832 (Fla. 2002). “See § 394.915(5), Fla. Stat. (1999). The only limit placed upon this detention is the statutory provision providing that a detainee be brought to trial within thirty days of his or her initial detention.”
Valdez v. Moore, 745 So. 2d 1009 (Fla. 4th DCA 1999). “We therefore grant the petition for writ of habeas corpus and order that the petitioners be released unless: (1) a probable cause hearing, conducted in accordance with section 394.915, Florida Statutes, is held within five days [1] of the date of this opinion, and (2) funds are…”
— 394.915(1) — 27 cases
Larimore v. State, 2 So. 3d 101 (Fla. 2009). “§ 394.915, Fla. Stat. (2004) (emphases added).”
State v. Goode, 830 So. 2d 817 (Fla. 2002). “See § 394.915, Fla. Stat. (1999). The only additional guidance given by the Legislature for when to hold such a hearing was that the trial court "may conduct an adversarial probable cause hearing if it determines such hearing is necessary" and that the court should hold the…”
Kephart v. Hadi, 932 So. 2d 1086 (Fla. 2006). “§ 394.915(1), Fla. Stat. (2002). However, if the offender's sentence expires or has already expired, the court must determine whether to hold an adversarial probable cause hearing with evidence, witnesses, and representation by counsel.”
Melvin v. State, 804 So. 2d 460 (Fla. 2d DCA 2001). “" § 394.915(1). If so, the judge must order the person detained pending the trial in the commitment proceeding.”
Gordon v. Regier, 839 So. 2d 715 (Fla. 2d DCA 2003).
— 394.915(2) — 14 cases
State v. Goode, 830 So. 2d 817 (Fla. 2002). “See § 394.915, Fla. Stat. (1999). The only additional guidance given by the Legislature for when to hold such a hearing was that the trial court "may conduct an adversarial probable cause hearing if it determines such hearing is necessary" and that the court should hold the…”
Kephart v. Hadi, 932 So. 2d 1086 (Fla. 2006). “§ 394.915(1), Fla. Stat. (2002). However, if the offender's sentence expires or has already expired, the court must determine whether to hold an adversarial probable cause hearing with evidence, witnesses, and representation by counsel.”
Boatman v. State, 77 So. 3d 1242 (Fla. 2011). “§ 394.915(1), Fla. Stat. If the judge determines that there is probable cause, then the judge must order that the individual “remain in custody and be immediately transferred to an appropriate secure facility if the person’s incarcerative sentence expires.”
Golden v. State, 913 So. 2d 744 (Fla. 5th DCA 2005).
State v. Kobel, 757 So. 2d 556 (Fla. 4th DCA 2000). “§ 394.915, Fla. Stat. (1999). [2] In Valdez , this court noted that the state, in defending the constitutionality of the Act: repeatedly emphasiz[ed] that in the typical case the procedures in the act will be carried out while the person is still incarcerated pursuant to the…”
— 394.915(3) — 2 cases
Westerheide v. State, 767 So. 2d 637 (Fla. 5th DCA 2000). “See § 394.915, Fla. Stat. (1999). If the court finds that probable cause does exist, the individual will be transferred to a secure facility.”
State v. Kobel, 757 So. 2d 556 (Fla. 4th DCA 2000). “§ 394.915, Fla. Stat. (1999). [2] In Valdez , this court noted that the state, in defending the constitutionality of the Act: repeatedly emphasiz[ed] that in the typical case the procedures in the act will be carried out while the person is still incarcerated pursuant to the…”
— 394.915(4) — 2 cases
State v. Reese, 773 So. 2d 655 (Fla. 1st DCA 2000).
Allen v. Florida Dep't of Child. & Fam. Servs., 770 So. 2d 261 (Fla. 4th DCA 2000).
— 394.915(5) — 7 cases
State v. Goode, 830 So. 2d 817 (Fla. 2002). “See § 394.915, Fla. Stat. (1999). The only additional guidance given by the Legislature for when to hold such a hearing was that the trial court "may conduct an adversarial probable cause hearing if it determines such hearing is necessary" and that the court should hold the…”
State v. Kinder, 830 So. 2d 832 (Fla. 2002). “See § 394.915(5), Fla. Stat. (1999). The only limit placed upon this detention is the statutory provision providing that a detainee be brought to trial within thirty days of his or her initial detention.”
Hudson v. State, 825 So. 2d 460 (Fla. 1st DCA 2002).
Kinder v. State, 779 So. 2d 512 (Fla. 2d DCA 2000).
Osborne v. State, 907 So. 2d 505 (Fla. 2005). “Section 394.915, Florida Statutes (1999), provides that once probable cause has been found in a Ryce Act case, the respondent is to be held securely awaiting trial once his incarcerative sentence expires.”
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