Florida Statute 394.916 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 394.916

Arrestable Offenses / Crimes under Fla. Stat. 394.916

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.916.

Annotations, Discussions, Cases:

Cases Citing Statute 394.916

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-10T00:00:00-08:00

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

Rogers v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-27T00:53:00-07:00

Snippet: trial court violated his rights under section 394.916, Florida Statutes (2017), when it did not commence…probable cause finding, as required by section 394.916(1), Florida Statutes (1999).”); State v. Goode,

Jackson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-17T00:00:00-07:00

Citation: 166 So. 3d 906, 2015 Fla. App. LEXIS 9208, 2015 WL 3757071

Snippet: sexually violent predator. §§ 394.914, 394.915(1), 394.916(1). If the trial court finds probable cause, it…convincing evidence. §§ .394.9135(3), 394.915, 394.916(1), 394.917(1). If the judge or jury determines

Morel v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-14T00:00:00-07:00

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

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

State v. Phillips

Court: Fla. | Date Filed: 2013-04-04T00:00:00-07:00

Citation: 119 So. 3d 1233, 38 Fla. L. Weekly Supp. 211, 2013 Fla. LEXIS 567, 2013 WL 1338042

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

Anderson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-09T00:00:00-07:00

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

Snippet: beyond *1227the statutory thirty-day limit. See § 394.916(1), Fla. Stat. Under the Act, the thirty-day requirement…modest and agreed upon continuances. . Section 394.916(2), Florida Statutes, provides that a “trial may…a manifest injustice would otherwise occur.” § 394.916(2), Fla. Stat. . Id. . See In re Florida Rides

Morel v. Wilkins

Court: Fla. | Date Filed: 2012-03-08T00:00:00-08:00

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

Snippet: in open court to waive his right under section 394.916(1), Florida Statutes (2002), to have a commitment…days after the determination of probable cause. § 394.916(1), Fla. Stat. At the time of Morel’s initial confinement… confinement in April 2002, section 394.916(2) provided that “[t]he trial may be continued upon the request…prompted the drafters of the Act to include section 394.916(1), which requires that a trial to determine whether…days of the probable cause determination. See § 394.916(1), Fla. Stat. With its inclusion of this provision

FRANTZIS v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-02T00:00:00-08:00

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

Snippet: 394.910-932, Florida Statutes (2007). Section 394.916(1) provides the court shall conduct a trial within…after the determination of probable cause. Section 394.916(2) states the court may grant one continuance for

Boatman v. State

Court: Fla. | Date Filed: 2011-12-15T00:00:00-08:00

Citation: 77 So. 3d 1242, 36 Fla. L. Weekly Supp. 728, 2011 Fla. LEXIS 2877, 2011 WL 6220660

Snippet: individual will not be substantially prejudiced. § 394.916(l)-(2), Fla. Stat. (2008). In support of its motion…determination of probable cause, unless continued. § 394.916(1), Fla. Stat. Continuances are also guided by … a manifest injustice would otherwise occur. § 394.916(2), Fla. Stat. The focus of this case is the thirty-day…based *1252on its assertion of good cause. See § 394.916(l)-(2), Fla. Stat. (mandating that the trial shall

In Re Commitment of Richards

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-17T00:00:00-07:00

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

Snippet: probable cause determination as required by section 394.916(1), Florida Statutes (2009). By order, we treated…probable cause determination as required by section 394.916(1). At the April 1, 2010, hearing on the motion…probable cause determination as required by section 394.916(1). Id. at 393. On direct appeal from the order….2005), noted that the requirement under section 394.916(1) that trial commence within thirty days after…commitment petition for a violation of section 394.916(1). Id. Thus, Kolin did not move to dismiss the

Tedesco v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-15T00:00:00-07:00

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

Snippet: quot; to which court was referring was section 394.916(1), Florida Statutes (2009), which states: "…sexually violent predator." However, section 394.916(1) no longer sets the date by which trial is to…added). Because rule 4.240 conflicts with section 394.916(1) as to the date by which trial is to commence… will not be substantially prejudiced." § 394.916(2), Fla. Stat. (2009); Fla. R. Civ. P.-S.V.P. 4.260

Taylor v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-05-23T00:00:00-07:00

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

Snippet: rev. denied, 888 So.2d 17 (Fla.2004). But cf. § 394.916(2), Fla. Stat. (authorizing one continuance of

Morel v. Sheldon

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-01T00:00:00-08:00

Citation: 67 So. 3d 1062, 2010 Fla. App. LEXIS 18305

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

Boatman v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-06-22T00:00:00-07:00

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

Snippet: establish substantial prejudice as required by section 394.916(2), Florida Statutes. The court then scheduled …Families under the Act. This appeal follows. Section 394.916, Florida Statutes (2008), provides in pertinent

In Re Commitment of Goode

Court: Fla. Dist. Ct. App. | Date Filed: 2009-11-18T00:00:00-08:00

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

Snippet: trial within thirty days as required by section 394.916(1), Florida Statutes (1999).[1] The State appealed…the thirty-day time period set forth in section 394.916(1). In affirming the dismissal of *752 the original…FULMER and KHOUZAM, JJ., Concur. NOTES [1] Section 394.916(1) provides that "[w]ithin 30 days after the…either party and a showing of good cause, see § 394.916(2), but no such showing was made in Goode'

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

Court: Fla. | Date Filed: 2009-07-09T00:00:00-07:00

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

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

Larimore v. State

Court: Fla. | Date Filed: 2009-01-29T00:00:00-08:00

Citation: 2 So. 3d 101, 2008 WL 5170550

Snippet: requires commitment. 831 So.2d at 105; see also §§ 394.916(3)-(5), 394.917(1), (3), 394.918, 394.920, Fla.

In Re Commitment of May

Court: Fla. Dist. Ct. App. | Date Filed: 2008-02-21T23:53:00-08:00

Citation: 975 So. 2d 579

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

Kephart v. Hadi

Court: Fla. | Date Filed: 2006-06-08T00:53:00-07:00

Citation: 932 So. 2d 1086

Snippet: thirty days of a probable cause determination. § 394.916(1), Fla. Stat. (2002). The confinement of an individual…circuit court has thirty days to conduct a trial. § 394.916, Fla. Stat. (2002). To summarize, the Ryce Act&

Kolin v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-04-28T00:53:00-07:00

Citation: 927 So. 2d 198

Snippet: quot;Motion to Dismiss for Violation of Section 394.916(1)." The trial court denied the motion, finding…So.2d 556 (Fla. 4th DCA 2000). Further, section 394.916(2) of the Act provides for waiver of the deadline…a trial within thirty days pursuant to section 394.916(1)." Curry, 880 So.2d at 752. However, Kolin