Florida Statute 394.915 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

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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 CourtListener

Amendments to 394.915

Annotations, Discussions, Cases:

Cases Citing Statute 394.915

Total Results: 46

State v. Goode

830 So. 2d 817, 2002 WL 31317996

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

Cited 77 times | Published

court made an ex parte finding pursuant to section 394.915(1), and without any notice to Goode, that probable

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

sexually violent predator subject to commitment. See § 394.915, Fla. Stat. (1999). If the court finds that probable

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 determination prescribed by section 394.915(1) must be supported by sworn proof in 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

Families to be held in secure detention. See § 394.915(1) (providing that once a commitment petition

Larimore v. State

2 So. 3d 101, 2008 WL 5170550

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

Cited 19 times | Published

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

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 ... is a sexually violent predator." Id. § 394.915(1). If the court concludes that probable cause

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

the person is a sexually violent predator. Section 394.915(1) authorizes the court to determine, based

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

probable cause determination described in section 394.915(1) applies primarily to respondents who are

Kinder v. State

779 So. 2d 512, 2000 WL 1800574

District Court of Appeal of Florida | Filed: Dec 8, 2000 | Docket: 1521006

Cited 10 times | Published

release until he or she is brought to trial. See § 394.915(5), Fla. Stat. (1999). The only limit placed upon

Osborne v. State

907 So. 2d 505, 2005 WL 1118031

Supreme Court of Florida | Filed: May 12, 2005 | Docket: 459377

Cited 9 times | Published

prejudice and the respondent should be released. Section 394.915, Florida Statutes (1999), provides that once

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

the petition is a sexually violent predator." § 394.915(1). If so, the judge must order the person detained

State v. Kobel

757 So. 2d 556, 2000 WL 485131

District Court of Appeal of Florida | Filed: Apr 26, 2000 | Docket: 1331651

Cited 7 times | Published

release or release during the trial proceedings. § 394.915, Fla. Stat. (1999).[2] In Valdez, this court noted

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

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

Supreme Court of Florida | Filed: Jul 9, 2009 | Docket: 1188234

Cited 6 times | Published

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

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

court determines whether there is probable cause. § 394.915(1). Claiming the privilege may subject a party

State v. Kinder

830 So. 2d 832, 2002 WL 31318012

Supreme Court of Florida | Filed: Oct 17, 2002 | Docket: 979037

Cited 5 times | Published

unless a continuance is granted for good cause. Section 394.915(5), Florida Statutes (1999), requires that

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

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

State v. Mitchell

848 So. 2d 1209, 2003 WL 21511102

District Court of Appeal of Florida | Filed: Jul 3, 2003 | Docket: 1712359

Cited 4 times | Published

*1211 based on the mandatory provision of section 394.915(5), Florida Statutes, which sets forth that

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

the trial in the commitment proceeding. Id.; § 394.915(1). An adversarial probable cause hearing will

Morel v. Wilkins

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

Supreme Court of Florida | Filed: Mar 8, 2012 | Docket: 60306685

Cited 3 times | Published

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

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

Goode, 830 So.2d 817, 825 (Fla.2002). [2] See § 394.915(2), Fla. Stat. (2002). [3] These two psychologists

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

judge finds that probable cause exists, under section 394.915, the judge shall order that the individual

Dept. of Children and Families v. Mitchell

844 So. 2d 694, 2003 Fla. App. LEXIS 5829, 2003 WL 1936408

District Court of Appeal of Florida | Filed: Apr 25, 2003 | Docket: 1662269

Cited 2 times | Published

exceeded the trial court's jurisdiction. Section 394.915(5), Florida Statutes, reads as follows: (5)

Alverez v. State

840 So. 2d 322, 2003 WL 327500

District Court of Appeal of Florida | Filed: Feb 14, 2003 | Docket: 1463518

Cited 2 times | Published

application for a warrant. Section 394.915 makes no mention of a "warrant." Section 394.915(1) provides: *325

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

On June 13, the circuit court, pursuant to section 394.915(1), issued an order finding probable cause

Gering v. State

252 So. 3d 334

District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 7511606

Cited 1 times | Published

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

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

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

Newsome v. Butterworth

969 So. 2d 1147, 2007 WL 3408311

District Court of Appeal of Florida | Filed: Nov 16, 2007 | Docket: 143007

Cited 1 times | Published

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

Kolin v. State

927 So. 2d 198, 2006 WL 1144292

District Court of Appeal of Florida | Filed: Apr 28, 2006 | Docket: 1765271

Cited 1 times | Published

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

State v. Heath

865 So. 2d 633, 2004 WL 240626

District Court of Appeal of Florida | Filed: Feb 11, 2004 | Docket: 1656276

Cited 1 times | Published

commitment filed pursuant to the Jimmy Ryce Act. § 394.915, Fla. Stat. (2001). We reverse. James Heath was

STATE, DEPARTMENT OF CHILDREN AND FAMILIES v. Jackson

790 So. 2d 535, 2001 WL 788351

District Court of Appeal of Florida | Filed: Jul 13, 2001 | Docket: 1142252

Cited 1 times | Published

detainees, as that phrase is used in section 394.915. Under section 394.915(1), "[i]f the judge determines

State v. Robbins

785 So. 2d 620, 2001 WL 427394

District Court of Appeal of Florida | Filed: Apr 27, 2001 | Docket: 1510165

Cited 1 times | Published

adversarial probable cause hearing as provided in section 394.915, Florida Statutes (2000). The petition was

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

District Court of Appeal of Florida | Filed: Mar 10, 2023 | Docket: 67221662

Published

an appropriate secure facility pursuant to section 394.915, Florida Statutes.2 Fetzer later executed

WILLIAM DAVID FITTS v. BILL FURST, PROPERTY APPRAISER

District Court of Appeal of Florida | Filed: Sep 13, 2019 | Docket: 16193033

Published

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

TERRY D. WILLIAMS v. STATE OF FLORIDA

244 So. 3d 318

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

Published

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

Davidson v. State

105 So. 3d 672, 2013 WL 439773

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

Published

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

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. § 394.915(1), Fla. Stat. If the judge determines that there

Department of Children & Families v. Blackburne

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

District Court of Appeal of Florida | Filed: Jul 18, 2007 | Docket: 64851611

Published

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

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

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

Golden v. State

913 So. 2d 744, 2005 WL 2899475

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

Published

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

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

warrant for his custodial detention pursuant to section 394.915. The case was set for trial. However, the progress

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

915(1), Fla. Stat. (2004). [4] § 394.915(1), Fla. Stat. (2004). [5] § 394.915(2), (4), Fla. Stat. (2004)

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

915G), Fla. Stat. (2004). . § 394.915(1), Fla. Stat. (2004). . § 394.915(2), (4), Fla. Stat. (2004)

Graham v. State

826 So. 2d 361, 2002 Fla. App. LEXIS 6400, 2002 WL 948281

District Court of Appeal of Florida | Filed: May 10, 2002 | Docket: 64817613

Published

sexually violent predator as defined in the Act. See § 394.915(1). This finding was based solely on unsworn allegations

State v. Reese

773 So. 2d 655, 2000 Fla. App. LEXIS 16841, 2000 WL 1862089

District Court of Appeal of Florida | Filed: Dec 20, 2000 | Docket: 64802449

Published

being ex parte in accordance with section 394.915(1). Section 394.915(2), however, describes an adversarial

Sjuts v. State

774 So. 2d 783, 2000 Fla. App. LEXIS 16326, 2000 WL 1838323

District Court of Appeal of Florida | Filed: Dec 15, 2000 | Docket: 64802751

Published

long-term control, care and treatment. Pursuant to section 394.915 of the Act, the circuit court determined there

Allen v. Florida Department of Children & Family Services

770 So. 2d 261, 2000 Fla. App. LEXIS 13920, 2000 WL 1630155

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 64801381

Published

petitioner to be held in the secure facility. See § 394.915(4), Fla. Stat. (1999). We conclude that any defect