Florida Statute 394.916 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

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F.S. 394.916

394.916 Trial; counsel and experts; indigent persons; jury.—

(1) Within 30 days after the determination of probable cause, the court shall conduct a trial to determine whether the person is a sexually violent predator.

(2) The trial may be continued once upon the request of either party for not more than 120 days upon a showing of good cause, or by the court on its own motion in the interests of justice, when the person will not be substantially prejudiced. No additional continuances may be granted unless the court finds that a manifest injustice would otherwise occur.

(3) At all adversarial proceedings under this act, the person subject to this act is entitled to the assistance of counsel, and, if the person is indigent, the court must appoint the public defender or, if a conflict exists, the court must appoint a criminal conflict and civil regional counsel or other counsel to assist the person.

(4) If the person is subjected to a mental health examination under this part, the person also may retain experts or mental health professionals to perform an examination. If the person wishes to be examined by a professional of the person’s own choice, the examiner must be provided reasonable access to the person, as well as to all relevant medical and mental health records and reports. In the case of a person who is indigent, the court, upon the person’s request, shall determine whether such an examination is necessary. If the court determines that an examination is necessary, the court shall appoint a mental health professional and determine the reasonable compensation for the professional’s services, which shall be paid by the state.

(5) The person or the state attorney has the right to demand that the trial be before a jury of six members. A demand for a jury trial must be filed, in writing, at least 5 days before the trial. If no demand is made, the trial shall be to the court.

History.—s. 8, ch. 98-64; s. 11, ch. 99-222; s. 1, ch. 2006-33; s. 10, ch. 2022-195.

Note.—Former s. 916.36.

F.S. 394.916 on Google Scholar

F.S. 394.916 on CourtListener

Amendments to 394.916

Annotations, Discussions, Cases:

Cases Citing Statute 394.916

Total Results: 48

Westerheide v. State

831 So. 2d 93, 2002 WL 31319386

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

Cited 151 times | Published

394.918(2). [10] See § 394.916(3), (4), Fla. Stat. (2001). [11] See id. § 394.916(5). [12] See id. §

Knowles v. Beverly Enterprises-Florida

898 So. 2d 1, 2004 WL 2922097

Supreme Court of Florida | Filed: Dec 16, 2004 | Docket: 1732329

Cited 89 times | Published

prejudiced." Id. at 514 (emphasis added) (quoting § 394.916(2), Fla. Stat. (1999)). The court concluded that

State v. Goode

830 So. 2d 817, 2002 WL 31317996

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

Cited 77 times | Published

the thirty-day time limit provided for in section 394.916(1) to conduct a final hearing in the commitment

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

the person is a sexually violent predator. See § 394.916(1), Fla. Stat. (1999). The individual has a right

Kephart v. Hadi

932 So. 2d 1086, 2006 WL 1548026

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

Cited 36 times | Published

thirty days of a probable cause determination. § 394.916(1), Fla. Stat. (2002). The confinement of an individual

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

days of the probable cause determination. Id. § 394.916(1). If either the person *464 or the state attorney

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

upon his release from prison. Pursuant to section 394.916(3), the trial court also appointed counsel

Mitchell v. State

911 So. 2d 1211, 2005 WL 2155160

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

Cited 12 times | Published

constitutional problem presented by this case. Section 394.916(1), Florida Statutes (2002), provides that

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

person will not be substantially prejudiced. § 394.916, Fla. Stat. (1999). The trial court denied the

Osborne v. State

907 So. 2d 505, 2005 WL 1118031

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

Cited 9 times | Published

court's probable cause finding, as required by section 394.916(1), Florida Statutes (1999). See Osborne, 781

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

any continuance granted. The motion cited to section 394.916 of the Act which provides, in relevant part:

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

after the determination of probable cause. See § 394.916(1), Fla. Stat. (1999). A Ryce Act respondent might

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

after the determination of probable cause. See § 394.916(1), Fla. Stat. (1999). A Ryce Act respondent might

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

beyond *1227the statutory thirty-day limit. See § 394.916(1), Fla. Stat. Under the Act, the thirty-day requirement

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

Continuance of Trial, tracks the language of section 394.916(2), Florida Statutes (2008), which provides

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

continuances under certain circumstances.[3] Section 394.916 provides: (1) Within 30 days after the determination

State v. Kinder

830 So. 2d 832, 2002 WL 31318012

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

Cited 5 times | Published

COMMITMENT TRIAL WITHIN THE 30-DAY PERIOD OF SECTION 394.916(1), FLORIDA STATUTES (1999), ABSENT A PRIOR

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

constitutional problem presented by this case. Section 394.916(1), Florida Statutes (2002), provides that

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

agreed in open court to waive his right under section 394.916(1), Florida Statutes (2002), to have a commitment

In Re Commitment of May

975 So. 2d 579, 2008 WL 465589

District Court of Appeal of Florida | Filed: Feb 22, 2008 | Docket: 1726908

Cited 3 times | Published

counsel for those proceedings at state expense. § 394.916(3). Furthermore, the Jimmy Ryce Act provides the

Williams v. State

909 So. 2d 939, 2005 WL 1842615

District Court of Appeal of Florida | Filed: Aug 5, 2005 | Docket: 424581

Cited 3 times | Published

THOMPSON and MONACO, JJ., concur. NOTES [1] § 394.916(1), Fla. Stat. (2000). [2] Dr. Benoit and Dr

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

right to a trial within thirty days under section 394.916(1), Florida Statutes (2002), or to a continuance

Morel v. State

138 So. 3d 1122, 2014 WL 1908830, 2014 Fla. App. LEXIS 7108

District Court of Appeal of Florida | Filed: May 14, 2014 | Docket: 60240489

Cited 2 times | Published

court and in writing to waive his right under section 394.916(1), Florida Statutes (2002), to have a commitment

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

thirty days after the finding of probable cause. § 394.916(1), Fla. Stat. (2005). In State v. Goode, 830

Boatman v. State

39 So. 3d 391, 2010 Fla. App. LEXIS 8980, 2010 WL 2483749

District Court of Appeal of Florida | Filed: Jun 22, 2010 | Docket: 2410506

Cited 2 times | Published

establish substantial prejudice as required by section 394.916(2), Florida Statutes. The court then scheduled

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

is a sexually violent predator, pursuant to section 394.916, Florida Statutes (2003)[Jimmy Ryce Act]. The

Ennis v. Regier

869 So. 2d 701, 2004 WL 690572

District Court of Appeal of Florida | Filed: Apr 2, 2004 | Docket: 1175618

Cited 2 times | Published

to trial within thirty days as required by section 394.916(1). The supreme court has held that while the

DEPARTMENT OF CHILDREN & FAMILY v. Burton

802 So. 2d 467, 2001 WL 1635587

District Court of Appeal of Florida | Filed: Dec 21, 2001 | Docket: 1332883

Cited 2 times | Published

relevant issues and precedent. Pursuant to section 394.916(3), Florida Statutes (2000), Burton is entitled

Taylor v. State

65 So. 3d 531, 2011 Fla. App. LEXIS 7427, 2011 WL 1938186

District Court of Appeal of Florida | Filed: May 23, 2011 | Docket: 60301726

Cited 1 times | Published

therefore beyond the time limit for trial. See § 394.916(1), Fla. Stat. (2002). The prosecutor assigned

In Re Commitment of Goode

22 So. 3d 750, 2009 Fla. App. LEXIS 17229, 2009 WL 3837238

District Court of Appeal of Florida | Filed: Nov 18, 2009 | Docket: 1639656

Cited 1 times | Published

to trial within thirty days as required by section 394.916(1), Florida Statutes (1999).[1] The State appealed

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

deadline in a "Motion to Dismiss for Violation of Section 394.916(1)." The trial court denied the motion, finding

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

defendants to retain their own expert witnesses. § 394.916(4), Fla. Stat. (2004).

DD v. Department of Children and Families

849 So. 2d 473, 2003 Fla. App. LEXIS 10840, 2003 WL 21658606

District Court of Appeal of Florida | Filed: Jul 16, 2003 | Docket: 1509284

Cited 1 times | Published

particular section under review in Goode, section 394.916(1), Florida Statutes (1999), *476 states, that

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

self-incrimination or his right to privacy. We note that section 394.916(1), Florida Statutes (2000), provides that

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

shall proceed to trial in accordance with section 394.916. GRIFFIN and ORFINGER, R. B., JJ., concur.

Amador v. State

766 So. 2d 1061, 2000 WL 60930

District Court of Appeal of Florida | Filed: Jan 26, 2000 | Docket: 1329404

Cited 1 times | Published

days after the probable cause determination. Section 394.916(1). Although petitioner is now detained in

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

days of the State’s filing of the petition. See § 394.916(1), Fla. Stat. (2009) (providing that “[w]ithin

Rogers v. State

246 So. 3d 571

District Court of Appeal of Florida | Filed: Jun 27, 2018 | Docket: 7292490

Published

the trial court violated his rights under section 394.916, Florida Statutes (2017), when it did not commence

FRANTZIS v. State

80 So. 3d 1133, 2012 Fla. App. LEXIS 3321, 2012 WL 676319

District Court of Appeal of Florida | Filed: Mar 2, 2012 | Docket: 2588818

Published

sections 394.910-932, Florida Statutes (2007). Section 394.916(1) provides the court shall conduct a trial

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

individual will not be substantially prejudiced. § 394.916(l)-(2), Fla. Stat. (2008). In support of its motion

In Re Commitment of Richards

62 So. 3d 1263, 2011 Fla. App. LEXIS 8975, 2011 WL 2421041

District Court of Appeal of Florida | Filed: Jun 17, 2011 | Docket: 1912964

Published

probable cause determination as required by section 394.916(1), Florida Statutes (2009). By order, we treated

Tedesco v. State

62 So. 3d 1252, 2011 Fla. App. LEXIS 8939, 2011 WL 2329596

District Court of Appeal of Florida | Filed: Jun 15, 2011 | Docket: 2361913

Published

guidelines" to which court was referring was section 394.916(1), Florida Statutes (2009), which states:

Morel v. Sheldon

67 So. 3d 1062, 2010 Fla. App. LEXIS 18305, 2010 WL 4861507

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 60301921

Published

any offense in this state. § 394.913(1). . Section 394.916(1), Florida Statutes (1999-2010), states that

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

[5] § 394.915(2), (4), Fla. Stat. (2004). [6] § 394.916(1), Fla. Stat. (2004). [7] § 394.915, Fla. Stat

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

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

Bardo v. State

804 So. 2d 474, 2001 WL 1518295

District Court of Appeal of Florida | Filed: Nov 30, 2001 | Docket: 1334661

Published

culminate with a trial, by jury if so requested. See § 394.916, Fla. Stat. (2000). Our review of the legislation

State v. Goode

779 So. 2d 544, 2001 Fla. App. LEXIS 48, 2001 WL 9988

District Court of Appeal of Florida | Filed: Jan 5, 2001 | Docket: 64804202

Published

probable cause determination, pursuant to section 394.916, Florida Statutes (1999), is a proper basis

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

30 day clock for commencement of trial in section 394.916(1) begins to run anew. The language of section