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Florida Statute 394.9155 | Lawyer Caselaw & Research
F.S. 394.9155 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 394
MENTAL HEALTH
View Entire Chapter
F.S. 394.9155
394.9155 Rules of procedure and evidence.In all civil commitment proceedings for sexually violent predators under this part, the following shall apply:
(1) The Florida Rules of Civil Procedure apply unless otherwise specified in this part.
(2) The Florida Rules of Evidence apply unless otherwise specified in this part.
(3) The psychotherapist-patient privilege under s. 90.503 does not exist or apply for communications relevant to an issue in proceedings to involuntarily commit a person under this part.
(4) The court may consider evidence of prior behavior by a person who is subject to proceedings under this part if such evidence is relevant to proving that the person is a sexually violent predator.
(5) Hearsay evidence, including reports of a member of the multidisciplinary team or reports produced on behalf of the multidisciplinary team, is admissible in proceedings under this part unless the court finds that such evidence is not reliable. In a trial, however, hearsay evidence may not be used as the sole basis for committing a person under this part.
(6) Rules adopted under s. 394.930 shall not constitute:
(a) An evidentiary predicate for the admission of any physical evidence or testimony;
(b) A basis for excluding or otherwise limiting the presentation of any physical evidence or testimony in judicial proceedings under this part; or
(c) Elements of the cause of action that the state needs to allege or prove in judicial proceedings under this part.
(7) If the person who is subject to proceedings under this part refuses to be interviewed by or fully cooperate with members of the multidisciplinary team or any state mental health expert, the court may, in its discretion:
(a) Order the person to allow members of the multidisciplinary team and any state mental health experts to review all mental health reports, tests, and evaluations by the person’s mental health expert or experts; or
(b) Prohibit the person’s mental health experts from testifying concerning mental health tests, evaluations, or examinations of the person.

The failure of any party to comply with such rules shall not constitute a defense in any judicial proceedings under this part.

History.s. 10, ch. 99-222.

F.S. 394.9155 on Google Scholar

F.S. 394.9155 on Casetext

Amendments to 394.9155


Arrestable Offenses / Crimes under Fla. Stat. 394.9155
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.9155.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . Similarly, section 394.9155(1) provides: The Florida Rules of Civil Procedure apply unless otherwise . . . See § 394.9155(1), Fla. . . .

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

. . . . § 394.9155(5), Fla. Stat (2016). . . .

McCLAM, v. STATE, 185 So. 3d 571 (Fla. Dist. Ct. App. 2016)

. . . .” § 394.9155(5), Fla. Stat. (2014). . . . Stat. (2014). - Section 394.9155(5) allows hearsay under specific circumstances: Hearsay evidence, including . . . Cases considering the application of section 394.9155(5) have confronted hearsay evidence that was admitted . . .

HARTZOG, v. STATE, 133 So. 3d 570 (Fla. Dist. Ct. App. 2014)

. . . .” § 394.9155(1), Fla. Stat. (2012). See Brown v. . . .

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

. . . See § 394.9155(1), Fla. . . .

DELGADO, v. STATE, 125 So. 3d 180 (Fla. Dist. Ct. App. 2013)

. . . Section 394.9155(5), Florida Statutes (2006), provides, in pertinent part, that during a Jimmy Ryce Act . . . hjearsay evidence ... is admissible ... unless the court finds that such evidence is not reliable.” § 394.9155 . . .

STATE v. McELDOWNEY,, 99 So. 3d 610 (Fla. Dist. Ct. App. 2012)

. . . Cartwright, 870 So.2d 152, 162 (Fla. 2d DCA 2004), rev. denied, 914 So.2d 952 (Fla.2005) (upholding section 394.9155 . . .

S. ANDERSON, v. STATE, 93 So. 3d 1201 (Fla. Dist. Ct. App. 2012)

. . . See § 394.9155(1), Fla. Stat.; Fla. R. Civ. P.— S.V.P., 4.440(a)(1). . . .

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

. . . . § 394.9155(1), Fla. Stat. (2008). . . .

MILNER, v. STATE, 50 So. 3d 711 (Fla. Dist. Ct. App. 2010)

. . . Section 394.9155 states in relevant part, that: Rules adopted under s. 394.930 shall not constitute: . . . cause of action that the state needs to allege or prove in judicial proceedings under this part. § 394.9155 . . .

CLARK, v. STATE, 41 So. 3d 1052 (Fla. Dist. Ct. App. 2010)

. . . disagree that the admission of these reports requires a new trial based on our standard of review; section 394.9155 . . . Section 394.9155 allows the introduction of hearsay evidence under the Jimmy Ryce Act, providing the . . . Section 394.9155 provides, in relevant part: (4) The court may consider evidence of prior behavior by . . . Section 394.9155(5) specifies that hearsay evidence is admissible unless the trial court finds it is . . . Section 394.9155(5) provides that reports prepared by a member of the multidisciplinary team or on behalf . . .

J. SHAW, v. STATE, 29 So. 3d 1161 (Fla. Dist. Ct. App. 2010)

. . . probable cause, this case proceeded to a jury trial for civil commitment under the directives of section 394.9155 . . . State, 831 So.2d 93 (Fla.2002), and governed by the Florida Rules of Civil Procedure, see section 394.9155 . . .

STEPHENS, v. STATE, 43 So. 3d 709 (Fla. Dist. Ct. App. 2010)

. . . See § 394.9155(1), Fla. Stat. . . .

COTTON, v. STATE, 22 So. 3d 638 (Fla. Dist. Ct. App. 2009)

. . . . §§ 394.912 and 394.9155, Fla. Stat. Appellant raises four issues with several sub-issues. . . . Pursuant to section 394.9155, Florida Statutes (2008), in “all civil commitment proceedings for sexually . . . See also § 394.9155(4), Fla. Stat. . . .

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

. . . In respect to proposed rule 4.360, section 394.9155(7), Florida Statutes (2008), addresses the consequences . . . Section 394.9155 provides in pertinent part as follows: (7) If the person who is subject to proceedings . . . experts from testifying concerning mental health tests, evaluations, or examinations of the person. § 394.9155 . . .

SAINTELIEN, v. STATE, 990 So. 2d 494 (Fla. 2008)

. . . See also § 394.9155(1), Fla. . . .

WASHINGTON, v. STATE, 973 So. 2d 611 (Fla. Dist. Ct. App. 2008)

. . . . § 394.9155(5), Fla. Stat. (2005). . . .

GREENE, v. STATE, 970 So. 2d 900 (Fla. Dist. Ct. App. 2007)

. . . See § 394.9155(5), Fla. Stat. (2006). We answered this question contrary to Mr. . . .

PESCI, v. STATE, 963 So. 2d 780 (Fla. Dist. Ct. App. 2007)

. . . Reliability Issue Pesci recognizes that section 394.9155(5), Florida Statutes (2006), allows the introduction . . . Section 394.9155, Florida Statutes (2006), specifies, in part, that: (4) The court may consider evidence . . . . 2d DCA 2003)(finding that the trial court did not err in admitting hearsay evidence under section 394.9155 . . . Similarly, we are not bound by the language in Jenkins, which suggests that “section 394.9155(5) must . . . 1114 (Fla. 2d DCA 2004)(rejecting defendant’s argument that the admission of hearsay under section 394.9155 . . . See Section 394.9155(5), Fla. Stat. . . .

J. MASTERS, v. STATE, 958 So. 2d 973 (Fla. Dist. Ct. App. 2007)

. . . He also argues that section 394.9155(5), Florida Statutes (2006), which authorizes the admission of hearsay . . . Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004); and (3) section 394.9155 violated the . . . 394.9155(5), Florida Statutes (2006) is unconstitutional because it purports to regulate, in a Jimmy . . . Section 394.9155(5), Florida Statutes, states: (5) Hearsay evidence, including reports of a member of . . . The constitutionality of section 394.9155 was not raised in Jenkins. . . .

TROVILLE, v. STATE, 953 So. 2d 637 (Fla. Dist. Ct. App. 2007)

. . . . § 394.9155. . . . Appellant next argues that section 394.9155, entitled “Rules of procedure and evidence,” which was not . . . in the original Ryce Act, and which, in section 394.9155(5), allows hearsay evidence, should not have . . .

BROWN, v. STATE, 940 So. 2d 609 (Fla. Dist. Ct. App. 2006)

. . . See § 394.9155(1), Fla. . . .

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

. . . Additionally, section 394.9155 permits hearsay evidence to be used in proceedings brought under the Act . . . Section 394.9155 provides in pertinent part: Hearsay evidence, including reports of a member of the multidisciplinary . . . however, hearsay evidence may not be used as the sole basis for committing a person under this part. § 394.9155 . . .

In COMMITMENT OF ALLEN. v., 927 So. 2d 1070 (Fla. Dist. Ct. App. 2006)

. . . See § 394.9155(1). . . . Section 394.9155(5), Florida Statutes (1999), provides that "[h]earsay evidence, including reports of . . .

SLOSS, v. STATE, 925 So. 2d 419 (Fla. Dist. Ct. App. 2006)

. . . Sloss contended that this violated section 394.9155(5), and that no jury question was presented. . . . With respect to hearsay, section 394.9155(5) provides: Hearsay evidence, including reports of a member . . . We conclude that the trial court properly admitted the evidence under section 394.9155(5), which “was . . .

MARSHALL, v. STATE, 915 So. 2d 264 (Fla. Dist. Ct. App. 2005)

. . . . § 394.9155(1), Fla. Stat. (2004). . . . however, hearsay evidence may not be used as the sole basis for committing a person under this part. § 394.9155 . . . State, 803 So.2d 783, 785 (Fla. 5th DCA 2001) (“Obviously [section 394.9155(5) ] must be construed in . . .

MITCHELL, v. STATE, 911 So. 2d 1211 (Fla. 2005)

. . . Moreover, section 394.9155(1), Florida Statutes (2000), provides that the Florida Rules of Civil Procedure . . . Moreover, section 394.9155(1), Florida Statutes (2000), provides that the Florida Rules of Civil Procedure . . . Moreover, section 394.9155(1), Florida Statutes (2000), states, “In all civil commitment proceedings . . .

KAKUK, v. STATE, 908 So. 2d 1088 (Fla. Dist. Ct. App. 2005)

. . . The trial court partially granted the motion on March 25, 2008, citing to section 394.9155(7)(b) of the . . . argued against the motion, pointing out that the state was trying to end-run the limitations in section 394.9155 . . . proceedings, it appears that the Legislature has enacted a useless and meaningless statute — section 394.9155 . . . manner, conditions, and scope of the examination and the person or persons by whom it is to be made. . § 394.9155 . . .

OSBORNE, v. STATE, 907 So. 2d 505 (Fla. 2005)

. . . providing the statutory right to appeal from final judgments or orders in civil actions); see also § 394.9155 . . .

In COMMITMENT OF BRANCH. v., 890 So. 2d 322 (Fla. Dist. Ct. App. 2004)

. . . Branch’s counsel argued that while the hearsay might be admissible under section 394.9155, Branch had . . . Id. at 785; see also § 394.9155(5). . . . hearsay that thwarts a Ryce Act respondent’s due process rights; indeed, this court has held that section 394.9155 . . .

WESTERHEIDE, v. STATE, 888 So. 2d 702 (Fla. Dist. Ct. App. 2004)

. . . See § 394.9155(1), Fla. Stat. (2002); Westerheide v. State, 831 So.2d 93 (Fla.2002). . . .

In COMMITMENT OF BURTON. v., 884 So. 2d 1112 (Fla. Dist. Ct. App. 2004)

. . . Section 394.9155(5), Florida Statutes (1999), allows for the use of hearsay in civil commitment proceedings . . .

WILLIAMS, v. STATE, 882 So. 2d 1082 (Fla. Dist. Ct. App. 2004)

. . . . § 394.9155(1), Fla. . . .

In COMMITMENT OF RODGERS. v., 875 So. 2d 737 (Fla. Dist. Ct. App. 2004)

. . . He also contends that the hearsay exception under the Act, section 394.9155(5), Florida Statutes (1999 . . .

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

. . . See § 394.9155(1), Fla. Stat. (2002). . . . .

WILLIAMS, v. STATE, 870 So. 2d 922 (Fla. Dist. Ct. App. 2004)

. . . Section 394.9155(1) provides for the Florida Rules of Civil Procedure and the Florida Rules of Evidence . . .

In COMMITMENT R. CARTWRIGHT. R. v., 870 So. 2d 152 (Fla. Dist. Ct. App. 2004)

. . . The provision of the Ryce Act permitting the admission of hearsay evidence is found in section 394.9155 . . . Second, we will turn to Cartwright’s argument that section 394.9155(5) impermissibly invades the authority . . . State, 803 So.2d 783, 785 (Fla. 5th DCA 2001) (“Obviously [section 394.9155(5)] must be construed in . . . Glendening thus sheds no light on whether the hearsay provision in section 394.9155(5) violates article . . . Thus, even if we were to conclude that section 394.9155(5) is “procedural,” rule 1.010 would require . . .

D. LEE, v. STATE, 854 So. 2d 709 (Fla. Dist. Ct. App. 2003)

. . . next argues that the trial court erred in admitting unreliable hearsay evidence pursuant to section 394.9155 . . . Lee also challenges the constitutionality of section 394.9155(5) on due process, equal protection, and . . . Although no Florida case directly addresses the constitutionality of section 394.9155(5), in People v . . . While Lee argues generally against the constitutionality of section 394.9155(5), he points to no authority . . . The evidence was admissible under section 394.9155(5), and it was of the type appropriately used by experts . . .

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

. . . Moreover, section 394.9155(1), Florida Statutes (2000), provides that the Florida Rules of Civil Procedure . . .

JACKSON, v. STATE, 833 So. 2d 243 (Fla. Dist. Ct. App. 2002)

. . . See § 394.9155(3), Fla. Stat. (2001). . . .

In COMMITMENT OF SUTTON. v., 828 So. 2d 1081 (Fla. Dist. Ct. App. 2002)

. . . Compare § 394.9155(1), Fla. . . .

WESTERHEIDE, v. STATE, 831 So. 2d 93 (Fla. 2002)

. . . See §§ 394.9155(7), 394.918(l)-(2) Fla. Stat. (2001). . . . Section 394.9155, Florida Statutes (2001), specifies the rules of procedure and evidence applicable in . . . communications relevant to an issue in proceedings to involuntarily commit a person under this part.” § 394.9155 . . . See § 394.9155(7), Fla. Stat. (2001). . . .

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

. . . . § 394.9155. . . .

JENKINS, v. STATE, 803 So. 2d 783 (Fla. Dist. Ct. App. 2001)

. . . See Section 394.9155(5), Fla. Stat. . . . Section 394.9155(5), Fla. . . .

STATE v. OSBORNE,, 781 So. 2d 1137 (Fla. Dist. Ct. App. 2001)

. . . Even though section 394.9155(1) of the Act indicates that the Florida Rules of Civil Procedure are applicable . . .

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

. . . See § 394.9155(1), Fla. . . . 1999); (3) application of the Florida Rules of Civil Procedure and the Florida Evidence Code, see § 394.9155 . . .

SJUTS, v. STATE, 754 So. 2d 781 (Fla. Dist. Ct. App. 2000)

. . . See § 394.9155, Fla. Stat. (1999). . . .

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

. . . .” § 394.9155(1). . . .