Florida Statute 394.9155 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

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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

(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 CourtListener

Amendments to 394.9155

Annotations, Discussions, Cases:

Cases Citing Statute 394.9155

Total Results: 51

Westerheide v. State

831 So. 2d 93, 2002 WL 31319386

Supreme Court of Florida | Filed: Oct 17, 2002 | Docket: 1722942

Cited 151 times | Published

See § 394.912(2), Fla. Stat. (2001). [8] Section 394.9155, Florida Statutes (2001), specifies the rules

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

of the Florida Rules of Civil Procedure. See § 394.9155(1), Fla. Stat. (1999). 3) The primary focus of

Kephart v. Hadi

932 So. 2d 1086, 2006 WL 1548026

Supreme Court of Florida | Filed: Jun 8, 2006 | Docket: 2452449

Cited 36 times | Published

person's criminal history). Additionally, section 394.9155 permits hearsay evidence to be used in proceedings

Lee v. State

854 So. 2d 709, 2003 WL 21946444

District Court of Appeal of Florida | Filed: Aug 15, 2003 | Docket: 1747436

Cited 19 times | Published

admitting unreliable hearsay evidence pursuant to section 394.9155(5), Florida Statutes (1999). That statute

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

and Evidence Code are generally applicable. Id. § 394.9155. The state must demonstrate by clear and convincing

In Re Commitment of Cartwright

870 So. 2d 152, 2004 WL 86180

District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 1698113

Cited 15 times | Published

admission of hearsay evidence is found in section 394.9155(5), Florida Statutes (2000), which provides:

Saintelien v. State

990 So. 2d 494, 2008 WL 3926789

Supreme Court of Florida | Filed: Aug 28, 2008 | Docket: 1293329

Cited 14 times | Published

orders entered after a final order). See also § 394.9155(1), Fla. Stat. (2007) (providing that the Florida

In Re Commitment of Branch

890 So. 2d 322, 2004 WL 3024205

District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 1290731

Cited 13 times | Published

while the hearsay might be admissible under section 394.9155, Branch had no ability to defend himself because

Mitchell v. State

911 So. 2d 1211, 2005 WL 2155160

Supreme Court of Florida | Filed: Sep 8, 2005 | Docket: 1528799

Cited 12 times | Published

Jimmy Ryce Act are civil in nature. Moreover, section 394.9155(1), Florida Statutes (2000), provides that

Marshall v. State

915 So. 2d 264, 2005 WL 3299368

District Court of Appeal of Florida | Filed: Dec 7, 2005 | Docket: 1310874

Cited 10 times | Published

governed by the Florida Rules of Civil Procedure. § 394.9155(1), Fla. Stat. (2004). Under the Act, hearsay

Jackson v. State

833 So. 2d 243, 2002 WL 31870170

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 1258860

Cited 10 times | Published

the Legislature in Ryce Act proceedings. See § 394.9155(3), Fla. Stat. (2001). Privileges exist in Florida

Jenkins v. State

803 So. 2d 783, 2001 WL 1516914

District Court of Appeal of Florida | Filed: Nov 30, 2001 | Docket: 1785199

Cited 10 times | Published

not be the sole basis for commitment. See Section 394.9155(5), Fla. Stat. Obviously this statute must

Osborne v. State

907 So. 2d 505, 2005 WL 1118031

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

Cited 9 times | Published

judgments or orders in civil actions); see also § 394.9155(1), Fla. Stat. (1999) ("The Florida Rules of

In Re Commitment of Allen

927 So. 2d 1070, 2006 WL 1300601

District Court of Appeal of Florida | Filed: May 12, 2006 | Docket: 1765031

Cited 8 times | Published

Civil Procedure unless otherwise specified.[2]See § 394.9155(1). The court reasoned that, because the burden

Westerheide v. State

888 So. 2d 702, 2004 WL 2623925

District Court of Appeal of Florida | Filed: Nov 19, 2004 | Docket: 1327703

Cited 7 times | Published

under the Florida Rules of Civil Procedure. See § 394.9155(1), Fla. Stat. (2002); Westerheide v. State,

State v. Osborne

781 So. 2d 1137, 2001 WL 201527

District Court of Appeal of Florida | Filed: Mar 2, 2001 | Docket: 1292590

Cited 7 times | Published

trial. See Fla.R.Civ.P. 1.440. Even though section 394.9155(1) of the Act indicates that the Florida Rules

Anderson v. State

93 So. 3d 1201, 2012 WL 3210623, 2012 Fla. App. LEXIS 13241

District Court of Appeal of Florida | Filed: Aug 9, 2012 | Docket: 60310498

Cited 6 times | Published

the rules governing Ryce Act proceedings. See § 394.9155(1), Fla. Stat.; Fla. R. Civ. P.— S.V.P., 4.440(a)(1)

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

procedure. In respect to proposed rule 4.360, section 394.9155(7), Florida Statutes (2008), addresses the

In Re Commitment of Rodgers

875 So. 2d 737, 2004 WL 1284155

District Court of Appeal of Florida | Filed: Jun 11, 2004 | Docket: 1283913

Cited 6 times | Published

that the hearsay exception under the Act, section 394.9155(5), Florida Statutes (1999), is unconstitutional

Meadows v. Krischer

763 So. 2d 1087, 1999 WL 1037986

District Court of Appeal of Florida | Filed: Nov 17, 1999 | Docket: 1681677

Cited 6 times | Published

apply unless otherwise specified in this part." § 394.9155(1). We can read no requirement in the statute

Pesci v. State

963 So. 2d 780, 2007 WL 2043423

District Court of Appeal of Florida | Filed: Jul 18, 2007 | Docket: 1697267

Cited 5 times | Published

Reliability Issue Pesci recognizes that section 394.9155(5), Florida Statutes (2006), allows the introduction

Sloss v. State

925 So. 2d 419, 2006 WL 846741

District Court of Appeal of Florida | Filed: Mar 31, 2006 | Docket: 471694

Cited 5 times | Published

witnesses. Sloss contended that this violated section 394.9155(5), and that no jury question was presented

In Re Commitment of Burton

884 So. 2d 1112, 2004 WL 2363861

District Court of Appeal of Florida | Filed: Oct 22, 2004 | Docket: 1281995

Cited 5 times | Published

United States, 293 F. 1013 (D.C.Cir.1923). [2] Section 394.9155(5), Florida Statutes (1999), allows for the

Sjuts v. State

754 So. 2d 781, 2000 WL 293205

District Court of Appeal of Florida | Filed: Mar 22, 2000 | Docket: 431404

Cited 5 times | Published

since been amended to expressly provide this. See § 394.9155, Fla. Stat. (1999). Nonetheless, as demonstrated

Clark v. State

41 So. 3d 1052, 2010 Fla. App. LEXIS 11730, 2010 WL 3154973

District Court of Appeal of Florida | Filed: Aug 11, 2010 | Docket: 1295509

Cited 4 times | Published

new trial based on our standard of review; section 394.9155(5), Florida Statutes (2008), which permits

Masters v. State

958 So. 2d 973, 2007 WL 1450915

District Court of Appeal of Florida | Filed: May 18, 2007 | Docket: 1414178

Cited 4 times | Published

evidence was not reliable. He also argues that section 394.9155(5), Florida Statutes (2006), which authorizes

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

approved by 831 So.2d 93 (Fla.2002). Moreover, section 394.9155(1), Florida Statutes (2000), provides that

Troville v. State

953 So. 2d 637, 2007 WL 911879

District Court of Appeal of Florida | Filed: Mar 28, 2007 | Docket: 1317367

Cited 3 times | Published

psychotherapist-patient privilege in Ryce Act proceedings. § 394.9155. Appellant argues that the elimination of the

Brown v. State

940 So. 2d 609, 2006 WL 3077757

District Court of Appeal of Florida | Filed: Nov 1, 2006 | Docket: 1524024

Cited 3 times | Published

Rules of Civil Procedure generally apply. See § 394.9155(1), Fla. Stat. (2005) ("The Florida Rules of

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

by the standard rules of civil procedure. See § 394.9155(1), Fla. Stat. (2002). [6] Because section 394

Hartzog v. State

133 So. 3d 570, 2014 WL 594354, 2014 Fla. App. LEXIS 2094

District Court of Appeal of Florida | Filed: Feb 17, 2014 | Docket: 60238816

Cited 2 times | Published

apply unless otherwise specified in this part.” § 394.9155(1), Fla. Stat. (2012). See Brown v. State, 940

Shaw v. State

29 So. 3d 1161, 2010 Fla. App. LEXIS 1646, 2010 WL 547158

District Court of Appeal of Florida | Filed: Feb 18, 2010 | Docket: 2577910

Cited 2 times | Published

for civil commitment under the directives of section 394.9155, Florida Statutes (2008). Notwithstanding

Williams v. State

870 So. 2d 922, 2004 WL 840294

District Court of Appeal of Florida | Filed: Apr 21, 2004 | Docket: 29417

Cited 2 times | Published

petition for habeas corpus is denied. NOTES [1] Section 394.9155(1) provides for the Florida Rules of Civil

Gering v. State

252 So. 3d 334

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

Cited 1 times | Published

rules. (Emphasis added.) Similarly, section 394.9155(1) provides: The Florida Rules of Civil

Washington v. State

973 So. 2d 611, 2008 WL 183287

District Court of Appeal of Florida | Filed: Jan 23, 2008 | Docket: 1688502

Cited 1 times | Published

basis for committing a person under this part. § 394.9155(5), Fla. Stat. (2005). In arguing that the deposition

Williams v. State

882 So. 2d 1082, 29 Fla. L. Weekly Fed. D 2011

District Court of Appeal of Florida | Filed: Sep 1, 2004 | Docket: 1289595

Cited 1 times | Published

JRA explicitly provides for civil proceedings. § 394.9155(1), Fla. Stat. (2003) (providing the Rules of

In Re Commitment of Sutton

828 So. 2d 1081, 2002 WL 31396927

District Court of Appeal of Florida | Filed: Oct 25, 2002 | Docket: 1523180

Cited 1 times | Published

in these civil commitment proceedings. Compare § 394.9155(1), Fla. Stat. (2000) (providing that rules of

In Re: Amendments to the Florida Evidence Code

Supreme Court of Florida | Filed: May 23, 2019 | Docket: 15665581

Published

court finds that such evidence is not reliable.” § 394.9155(5), Fla. Stat. (2000). In Cartwright v. State

TERRY D. WILLIAMS v. STATE OF FLORIDA

244 So. 3d 318

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

Published

basis for committing a person under this part. § 394.9155(5), Fla. Stat (2016). The pertinent question

Terrel McClam v. State of Florida

185 So. 3d 571, 2016 Fla. App. LEXIS 1052, 2016 WL 313972

District Court of Appeal of Florida | Filed: Jan 27, 2016 | Docket: 3031153

Published

proceedings for sexually violent predators.” § 394.9155(5), Fla. Stat. (2014). Second, the report fell

Davidson v. State

105 So. 3d 672, 2013 WL 439773

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

Published

rules of procedure apply in these eases. See § 394.9155(1), Fla. Stat. (2000) (“In all civil commitment

Delgado v. State

125 So. 3d 180, 2013 WL 238223, 2013 Fla. App. LEXIS 917

District Court of Appeal of Florida | Filed: Jan 23, 2013 | Docket: 60235766

Published

the trial court abused its discretion.”). Section 394.9155(5), Florida Statutes (2006), provides, in

State v. McEldowney

99 So. 3d 610, 2012 Fla. App. LEXIS 18261, 2012 WL 5043866

District Court of Appeal of Florida | Filed: Oct 19, 2012 | Docket: 60313120

Published

denied, 914 So.2d 952 (Fla.2005) (upholding section 394.9155(5), Florida Statutes, which allows the state

State v. McEldowney

99 So. 3d 610, 2012 Fla. App. LEXIS 18261, 2012 WL 5043866

District Court of Appeal of Florida | Filed: Oct 19, 2012 | Docket: 60313120

Published

denied, 914 So.2d 952 (Fla.2005) (upholding section 394.9155(5), Florida Statutes, which allows the state

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

apply unless otherwise specified” in the Act. § 394.9155(1), Fla. Stat. (2008). Under the Act, the commitment

Milner v. State

50 So. 3d 711, 2010 Fla. App. LEXIS 19087, 2010 WL 5093166

District Court of Appeal of Florida | Filed: Dec 15, 2010 | Docket: 1928325

Published

provision is section 394.930, Florida Statutes. Section 394.9155 states in relevant part, that: Rules adopted

Stephens v. State

43 So. 3d 709, 2010 Fla. App. LEXIS 1419, 2010 WL 480991

District Court of Appeal of Florida | Filed: Feb 12, 2010 | Docket: 2400718

Published

to the Florida Rules of Civil Procedure. See § 394.9155(1), Fla. Stat. (providing that "[i]n all civil

Cotton v. State

22 So. 3d 638, 2009 Fla. App. LEXIS 15570, 2009 WL 3277801

District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 60267086

Published

trial. We reject the argument. Pursuant to section 394.9155, Florida Statutes (2008), in “all civil commitment

Washington v. State

973 So. 2d 611, 2008 Fla. App. LEXIS 749

District Court of Appeal of Florida | Filed: Jan 23, 2008 | Docket: 64853693

Published

basis for committing a person under this part. § 394.9155(5), Fla. Stat. (2005). In arguing that the deposition

Greene v. State

970 So. 2d 900, 2007 WL 4458171

District Court of Appeal of Florida | Filed: Dec 21, 2007 | Docket: 1694686

Published

Clause of the United States Constitution. See § 394.9155(5), Fla. Stat. (2006). We answered this question

Kakuk v. State

908 So. 2d 1088, 2005 Fla. App. LEXIS 10505, 2005 WL 1583358

District Court of Appeal of Florida | Filed: Jul 8, 2005 | Docket: 64840002

Published

granted the motion on March 25, 2008, citing to section 394.9155(7)(b) of the Jimmy Ryce Act. That statute