Florida Statute 394.915 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

View Entire Chapter

F.S. 394.915

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;

(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.

History.—s. 7, ch. 98-64; s. 9, ch. 99-222.

Note.—Former s. 916.35.

F.S. 394.915 on Google Scholar

F.S. 394.915 on Casetext

Amendments to 394.915

Arrestable Offenses / Crimes under Fla. Stat. 394.915

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.915.

Annotations, Discussions, Cases:

Cases Citing Statute 394.915

Total Results: 20

DANIEL FETZER vs STATE OF FLORIDA, FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, ET AL.

Court: District Court of Appeal of Florida | Date Filed: 2023-03-10

Snippet: appropriate secure facility pursuant to section 394.915, Florida Statutes.2 Fetzer later executed a written

WILLIAM DAVID FITTS v. BILL FURST, PROPERTY APPRAISER

Court: District Court of Appeal of Florida | Date Filed: 2019-09-13

Snippet: immediate release is anticipated, and amended section 394.915[, Florida Statutes,] to state that the person

Gering v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-07-25

Citation: 252 So. 3d 334

Snippet: circumstances, see Fla. R. Civ. P.—S.V.P. 4.220 and § 394.915, Fla. Stat. (2016); the right to seek habeas corpus

TERRY D. WILLIAMS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-04-25

Citation: 244 So. 3d 318

Snippet: found probable cause, as is required under section 394.915(1), and appellant was held in custody. Prior

Jackson v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-06-17

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

Snippet: whether he was a sexually violent predator. See § 394.915. He was committed to the FCCC in April 2010. See

McKee v. Jacobo

Court: District Court of Appeal of Florida | Date Filed: 2013-12-04

Citation: 127 So. 3d 857, 2013 WL 6246167, 2013 Fla. App. LEXIS 19202

Snippet: appropriate secure facility, as that term is used in s. 394.915. Mr. McKee’s petition focuses on the first proviso

State v. Phillips

Court: Supreme Court of Florida | Date Filed: 2013-04-04

Citation: 119 So. 3d 1233, 38 Fla. L. Weekly Supp. 211, 2013 Fla. LEXIS 567, 2013 WL 1338042

Snippet: not appear in the current version of sections 394.915 or 394.9135. Id. Instead, if the judge finds that

Davidson v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-02-05

Citation: 105 So. 3d 672, 2013 WL 439773

Snippet: was made in purported conformity with section 394.915, Florida Statutes (2000), petitioner was transferred

Morel v. Wilkins

Court: Supreme Court of Florida | Date Filed: 2012-03-08

Citation: 84 So. 3d 226, 37 Fla. L. Weekly Supp. 161, 2012 WL 739209, 2012 Fla. LEXIS 490

Snippet: made and while the respondent awaits trial. See § 394.915(1), Fla. Stat. (2011) (“If the judge determines

Boatman v. State

Court: Supreme Court of Florida | Date Filed: 2011-12-15

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

Snippet: the individual is a sexually violent predator. § 394.915(1), Fla. Stat. If the judge determines that there

In Re Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators

Court: Supreme Court of Florida | Date Filed: 2009-07-09

Citation: 13 So. 3d 1025, 34 Fla. L. Weekly Supp. 405, 2009 Fla. LEXIS 1020, 2009 WL 1956384

Snippet: Adversarial Probable Cause Hearing, derives from section 394.915(2), Florida Statutes (2008), and sets forth various

Larimore v. State

Court: Supreme Court of Florida | Date Filed: 2009-01-29

Citation: 2 So. 3d 101, 2008 WL 5170550

Snippet: while the inmate is still incarcerated." (citing § 394.915(1), Fla. Stat. (1999))); Larimore, 917 So.2d at

Newsome v. Butterworth

Court: District Court of Appeal of Florida | Date Filed: 2007-11-16

Citation: 969 So. 2d 1147, 2007 WL 3408311

Snippet: corpus is denied. We note however that section 394.915(2), Florida Statutes (2006), "has been interpreted

Department of Children & Families v. Blackburne

Court: District Court of Appeal of Florida | Date Filed: 2007-07-18

Citation: 961 So. 2d 1028, 2007 Fla. App. LEXIS 10975, 2007 WL 2043467

Snippet: finding of probable cause as contemplated by section 394.915(1), the trial court followed the procedure of Chapter

Harden v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-06-28

Citation: 932 So. 2d 1152, 2006 Fla. App. LEXIS 10719, 2006 WL 1751747

Snippet: Warrant For Custodial Detention pursuant to section 394.915, Florida Statutes (2004), transferring Harden to

Kephart v. Hadi

Court: Supreme Court of Florida | Date Filed: 2006-06-08

Citation: 932 So. 2d 1086, 2006 WL 1548026

Snippet: probable cause determination prescribed by section 394.915(1) must be supported by sworn proof in the form

Kolin v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-04-28

Citation: 927 So. 2d 198, 2006 WL 1144292

Snippet: cause existed to detain Kolin pursuant to section 394.915(1), Florida Statutes (2000). Consequently, Kolin

Larimore v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-12-29

Citation: 917 So. 2d 354, 2005 WL 3543920

Snippet: 394.9135(4), Fla. Stat. (1999). Finally, section 394.915(1), Florida Statutes (1999) (previously section

Golden v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-11-04

Citation: 913 So. 2d 744, 2005 WL 2899475

Snippet: an unsworn petition. We affirm based on section 394.915(2), and Kephart v. Regier, 30 Fla L. Weekly S182

Whitsett v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-10-19

Citation: 913 So. 2d 1208, 2005 WL 2654367

Snippet: a judicial finding of probable cause under s. 394.915 or pursuant to a commitment as a sexually violent