The 2023 Florida Statutes (including Special Session C)

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 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 from cite.case.law:

R. PESCI, v. BUDZ, LLC, LLC,, 935 F.3d 1159 (11th Cir. 2019)

. . . . §§ 394.912(10)(b) ; 394.915. . . .

GERING, v. STATE, 252 So. 3d 334 (Fla. App. Ct. 2018)

. . . -S.V.P. 4.220 and § 394.915, Fla. . . .

D. WILLIAMS, v. STATE, 244 So. 3d 318 (Fla. App. Ct. 2018)

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

I. JACKSON, v. STATE, 166 So. 3d 906 (Fla. Dist. Ct. App. 2015)

. . . See § 394.915. He was committed to the FCCC in April 2010. See ch. 394, Fla. Stat. (2009). . . . determine whether probable cause exists to believe the person is a sexually violent predator. §§ 394.914, 394.915 . . . his sentence expires before a final trial court determination by clear and convincing evidence. §§ 394.915 . . . trial within thirty days to determine the question by clear and convincing evidence. §§ .394.9135(3), 394.915 . . . See § 394.915(1). . . .

McKEE, v. JACOBO, As, 127 So. 3d 857 (Fla. Dist. Ct. App. 2013)

. . . facility in which the person is confined is not an appropriate secure facility, as that term is used in s. 394.915 . . .

KAKUK, v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES, STATE OF FLORIDA,, 516 F. App'x 901 (11th Cir. 2013)

. . . . § 394.915(1). . . .

STATE v. PHILLIPS,, 119 So. 3d 1233 (Fla. 2013)

. . . Instead, if the judge finds that probable cause exists, under section 394.915, the judge shall order . . . Former section 916.35 was renumbered as section 394.915. See ch. 99-222, § 9, Laws of Fla. . . . Although the text of section 394.915 no longer includes the "taken into custody” language, the title . . . of section 394.915 still refers to such language. § 394.915, Fla. . . . The failure to amend the title of section 394.915 to conform with the text of that section appears to . . .

DAVIDSON, v. STATE, 105 So. 3d 672 (Fla. Dist. Ct. App. 2013)

. . . After a probable cause finding was made in purported conformity with section 394.915, Florida Statutes . . .

MOREL, v. E. WILKINS,, 84 So. 3d 226 (Fla. 2012)

. . . See § 394.915(1), Fla. . . . Statutes (2002), and thus “eligible for commitment,” and ordered DCF to hold Morel pursuant to section 394.915 . . .

L. BOATMAN, v. STATE, 77 So. 3d 1242 (Fla. 2011)

. . . . § 394.915(1), Fla. Stat. . . . cases where the failure to begin a trial is not the result of any delay caused by the respondent. § 394.915 . . . respondent has the right to be represented by counsel, present evidence, and cross-examine any witnesses. § 394.915 . . . Section 394.915(2), Florida Statutes, provides for an adversarial probable cause hearing if, after the . . .

In FLORIDA RULES OF CIVIL PROCEDURE FOR INVOLUNTARY COMMITMENT OF SEXUALLY VIOLENT PREDATORS, 13 So. 3d 1025 (Fla. 2009)

. . . Rule 4.220, Adversarial Probable Cause Hearing, derives from section 394.915(2), Florida Statutes (2008 . . . which the person is confined is not an appropriate secure facility, as the term is used in section 394.915 . . .

P. NEWSOME, v. BROWARD COUNTY PUBLIC DEFENDERS,, 304 F. App'x 814 (11th Cir. 2008)

. . . . § 394.915 was unconstitutional both on its face and as applied, and that Fla. . . .

LARIMORE, v. STATE, 2 So. 3d 101 (Fla. 2008)

. . . (citing § 394.915(1), Fla. . . . Section 394.915(1) then provides that upon finding probable cause to believe that an individual is a . . . Although the title of section 394.915 remained the same, and includes the reference to “respondent taken . . . Instead, section 394.915 states: (1) When the state attorney files a petition seeking to have a person . . . Section 394.915(1) provides: When the state attorney files a petition seeking to have a person declared . . .

HITESHAW, v. A. BUTTERFIELD,, 262 F. App'x 162 (11th Cir. 2008)

. . . . § 394.915. . . .

P. NEWSOME, v. BUTTERWORTH,, 969 So. 2d 1147 (Fla. Dist. Ct. App. 2007)

. . . We note however that section 394.915(2), Florida Statutes (2006), “has been interpreted to mandate [an . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. A. BLACKBURNE,, 961 So. 2d 1028 (Fla. Dist. Ct. App. 2007)

. . . placing the respondent in a secure facility upon the finding of probable cause as contemplated by section 394.915 . . . also note that the respondent has not demonstrated that the secure facility contemplated by section 394.915 . . .

HARDEN, v. STATE, 932 So. 2d 1152 (Fla. Dist. Ct. App. 2006)

. . . See 394.915, Fla. Stat. (2004). . . . Furthermore, the statutory procedures for conducting probable cause hearings set forth in section 394.915 . . . court may conduct an adversarial probable cause hearing if it determines such hearing is necessary. § 394.915 . . . the trial court was not authorized to conduct an ex-parte probable cause hearing pursuant to section 394.915 . . . Section 394.915 states, in relevant part: (1) When the state attorney files a petition seeking to have . . .

KEPHART, v. D. HADI, D. v., 932 So. 2d 1086 (Fla. 2006)

. . . The Second District concluded that the “ex parte probable cause determination prescribed by section 394.915 . . . the expiration of his or her sentence, the trial court must hold the hearing delineated in section 394.915 . . . Section 394.915(2)-(S) provides: (2) Upon the expiration of the incar-cerative sentence and before the . . . who testify against the person; and (d) View and copy all petitions and reports in the court file. § 394.915 . . . . § 394.915(1), Fla. Stat. (2002). . . . . § 394.915(2), Fla. . . . Goode, 830 So.2d at 827; see § 394.915(2), Fla. . . .

KOLIN, v. STATE, 927 So. 2d 198 (Fla. Dist. Ct. App. 2006)

. . . trial court made an ex-parte finding that probable cause existed to detain Kolin pursuant to section 394.915 . . .

LARIMORE, v. STATE, 917 So. 2d 354 (Fla. Dist. Ct. App. 2005)

. . . Finally, section 394.915(1), Florida Statutes (1999) (previously section 916.35(1)), provides that if . . .

GOLDEN, v. STATE, 913 So. 2d 744 (Fla. Dist. Ct. App. 2005)

. . . We affirm based on section 394.915(2), and Kephart v. Regier, 30 Fla L. . . . As our supreme court noted in Kephart, section 394.915(2) was “apparently intended by the Legislature . . . Rather, we hold that the requirement for a section 394.915(2) hearing within twenty-four hours should . . . Instead, we read Kephart to merely impose a section 394.915(2) hearing requirement within twenty-four . . . Const. .§ 394.915, Determination of probable cause, provides in part: (2) Upon the expiration of the . . .

WHITSETT, v. STATE, 913 So. 2d 1208 (Fla. Dist. Ct. App. 2005)

. . . provides: A person who is held in lawful custody pursuant to a judicial finding of probable cause under s. 394.915 . . .

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 . . . See § 394.915(1), (5), Fla. Stat. (1999). . . . 833 (“[A]fter the time period in section 394.916(1) has run, trial is no longer pending and section 394.915 . . .

In COMMITMENT OF T. HEATH. v. T., 895 So. 2d 1258 (Fla. Dist. Ct. App. 2005)

. . . Heath on May 30, 2001, and signed a warrant for his custodial detention pursuant to section 394.915. . . . See § 394.915; see also Melvin v. State, 804 So.2d 460, 464 (Fla. 2d DCA 2001); Alverez v. . . .

In COMMITMENT OF A. ORTEGA. v. A. a k a, 891 So. 2d 623 (Fla. Dist. Ct. App. 2005)

. . . . § 394.915(1), Fla. Stat. (2004). . § 394.915(2), (4), Fla. Stat. (2004). . § 394.916(1), Fla. . . . . § 394.915, Fla. Stal. (2004). . . .

F. CURRY, v. STATE, 880 So. 2d 751 (Fla. Dist. Ct. App. 2004)

. . . See § 394.915(2), Fla. . . .

STATE v. BURKHART,, 869 So. 2d 1242 (Fla. Dist. Ct. App. 2004)

. . . 1) A person who is held in lawful custody pursuant to a judicial finding of probable cause under s. 394.915 . . .

STATE v. HEATH,, 865 So. 2d 633 (Fla. Dist. Ct. App. 2004)

. . . . § 394.915, Fla. Stat. (2001). We reverse. . . . On May 30, 2001, the State filed a civil petition for commitment under section 394.915. . . .

STATE v. MITCHELL,, 848 So. 2d 1209 (Fla. Dist. Ct. App. 2003)

. . . that the detainee still would not be eligible for release based on the mandatory provision of section 394.915 . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. MITCHELL,, 844 So. 2d 694 (Fla. Dist. Ct. App. 2003)

. . . Section 394.915(5), Florida Statutes, reads as follows: (5) After a court finds probable cause to believe . . . The issue of the constitutionality of section 394.915(5) was not raised or briefed, either here or in . . .

ALVEREZ, v. STATE, 840 So. 2d 322 (Fla. Dist. Ct. App. 2003)

. . . Section 394.915(1) provides: If the judge determines that there is probable cause to believe that the . . .

SIRMONS, v. REGIER,, 846 So. 2d 1151 (Fla. Dist. Ct. App. 2003)

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

GORDON, v. REGIER,, 839 So. 2d 715 (Fla. Dist. Ct. App. 2003)

. . . The initial ex parte probable cause determination described in section 394.915(1) applies primarily to . . . and be transferred to an appropriate secure facility upon expiration of the incarcerative sentence. § 394.915 . . .

STATE v. C. ATKINSON,, 831 So. 2d 172 (Fla. 2002)

. . . See §§ 394.915, 394.916, Fla. Stat. (2001). . . .

STATE v. GOODE,, 830 So. 2d 817 (Fla. 2002)

. . . See § 394.915(5), Fla. Stat. (1999). . . . See § 394.915(1), Fla. Stat. (1999). In Valdez v. . . . probable cause hearing described in 394.915(2)). . . . See § 394.915, Fla. Stat. (1999). . . . .” § 394.915(2), Fla. Stat. (1999). . . .

STATE v. KINDER,, 830 So. 2d 832 (Fla. 2002)

. . . Section 394.915(5), Florida Statutes (1999), requires that a person under indefinite detention and awaiting . . . Thus, after the time period in section 394.916(1) has run, trial is no longer pending and section 394.915 . . . See § 394.915(5), Fla. Stat. (1999). . . .

KEPHART, H. J. v. KEARNEY,, 826 So. 2d 517 (Fla. Dist. Ct. App. 2002)

. . . .; § 394.915(1). . . . .” § 394.915(1). . . .

In COMMITMENT OF SMITH, v. STATE, 827 So. 2d 1026 (Fla. Dist. Ct. App. 2002)

. . . . § 394.915(1). . . .

HUDSON, v. STATE, 825 So. 2d 460 (Fla. Dist. Ct. App. 2002)

. . . . § 394.915(1). . . . Id. § 394.915(5). A trial must be held within 30 days of the probable cause determination. . . .

GRAHAM, v. STATE, 826 So. 2d 361 (Fla. Dist. Ct. App. 2002)

. . . See § 394.915(1). . . . 2d DCA 2001), this court held that the ex parte probable cause determination prescribed by section 394.915 . . . As interpreted by Melvin, section 394.915(1) permits pretrial detention of a Ryce Act respondent when . . .

MELVIN, v. STATE v. D. v. v. v. v. v. v. v. B. v. v. v. v., 804 So. 2d 460 (Fla. Dist. Ct. App. 2001)

. . . .” § 394.915(1). . . . expiration of the person’s incarcerative sentence if the court “determines such hearing is necessary.” § 394.915 . . . probable cause exists to believe that the person named in the petition is a sexually violent predator.” § 394.915 . . . For these reasons, we conclude that the ex parte probable cause determination prescribed by section 394.915 . . .

STATE, DEPARTMENT OF CHILDREN AND FAMILIES, v. JACKSON,, 790 So. 2d 535 (Fla. Dist. Ct. App. 2001)

. . . constitute an “appropriate secure facility” to house pretrial detainees, as that phrase is used in section 394.915 . . . Under section 394.915(1), “[i]f the judge determines that there is probable cause to believe that the . . . This requires an interpretation of what constitutes an “appropriate secure facility” under section 394.915 . . .

STATE v. ROBBINS,, 785 So. 2d 620 (Fla. Dist. Ct. App. 2001)

. . . the State’s presentation of its case in an adversarial probable cause hearing as provided in section 394.915 . . .

WATROUS, v. STATE, 793 So. 2d 6 (Fla. Dist. Ct. App. 2001)

. . . See § 394.915(1) (providing that once a commitment petition is filed and a finding of probable cause . . .

STATE v. REESE,, 773 So. 2d 655 (Fla. Dist. Ct. App. 2000)

. . . Section 394.915(2), however, describes an adversarial probable cause hearing which may be conducted “ . . . The language of section 394.915 supports this construction. . . . In particular, section 394.915(2) prescribes an adversarial hearing in those instances where there is . . . Section 394.915(4) uses the word “again” to describe the adversarial finding. . . . The section 394.915(2) hearing serves to protect the constitutional liberty interest at stake. . . .

SJUTS, v. STATE Dr. J., 774 So. 2d 783 (Fla. Dist. Ct. App. 2000)

. . . Pursuant to section 394.915 of the Act, the circuit court determined there was probable cause to believe . . .

KINDER, v. STATE, 779 So. 2d 512 (Fla. Dist. Ct. App. 2000)

. . . See § 394.915(5), Fla. Stat. (1999). . . .

ALLEN, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 770 So. 2d 261 (Fla. Dist. Ct. App. 2000)

. . . See § 394.915(4), Fla. Stat. (1999). . . .

WESTERHEIDE, v. STATE, 767 So. 2d 637 (Fla. Dist. Ct. App. 2000)

. . . See § 394.915, Fla. Stat. (1999). . . . of those procedural and substantive rights include the following: (1) the right to counsel, see §§ 394.915 . . . Stat (1999); (2) determination of probable cause, see § 394.915, Fla. . . .

STATE v. KOBEL,, 757 So. 2d 556 (Fla. Dist. Ct. App. 2000)

. . . The Valdez opinion construes the revised Ryce Act, which provides, inter alia: 394.915 Determination . . . In that situation, a probable cause hearing is “necessary” under § 394.915(2). Id. . . . Under section 394.915(1), the trial judge makes an ex parte probable cause determination after the state . . . Section 394.915(3) provides that a Ryce Act respondent is entitled to be represented by counsel at the . . . See § 394.915(2), Fla. Stat. (1999). . . . .

MEADOWS, v. KRISCHER, W. A., 763 So. 2d 1087 (Fla. Dist. Ct. App. 1999)

. . . See §§ 394.913(c), 394.915(l)-(2). . . .

VALDEZ, S. v. W. MOORE, A., 745 So. 2d 1009 (Fla. Dist. Ct. App. 1999)

. . . Section 394.915(1) authorizes the court to determine, based on the petition, whether probable cause exists . . . The only provision for an adversarial probable cause hearing in the statute is found in section 394.915 . . . Under these circumstances a probable cause hearing is “necessary,” under section 394.915(2). . . . petitioners be released unless: (1) a probable cause hearing, conducted in accordance with section 394.915 . . .