Florida Statutes

Fla. Stat. § 394.916 (2025)

Trial; counsel and experts; indigent persons; jury.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 52 cases (3 in the last 5 years), 1999–2026 · leading case: State v. Goode, 830 So. 2d 817 (Fla. 2002).

Sort: Relevance Newest Treatment

State v. Goode, 830 So. 2d 817 (Fla. 2002). · cites it 28× “§ 394.916, Fla. Stat. (1999) (emphasis added).”

Morel v. Wilkins, 84 So. 3d 226 (Fla. 2012). · cites it 21× “” When interpreting the interplay between section 394.916, subsections (1) and (2), the Second District in Curry v.”

Osborne v. State, 907 So. 2d 505 (Fla. 2005). · cites it 13× “We further interpreted the thirty-day time provision in section 394.916, Florida Statutes (1999), as being "mandatory but not jurisdictional.”

Curry v. State, 880 So. 2d 751 (Fla. 2d DCA 2004). · cites it 19× “" See § 394.916(1), Fla. Stat. (2002). Mr. Curry affirmatively indicated on the record his assent to this continuance.”

Mitchell v. State, 911 So. 2d 1211 (Fla. 2005). · cites it 8× “Section 394.916(1), Florida Statutes (2002), provides that "[w]ithin thirty days after the determination of probable cause, the court shall conduct a trial to determine whether the person is a sexually violent predator.”

Kephart v. Hadi, 932 So. 2d 1086 (Fla. 2006). · cites it 4× “§ 394.916, Fla. Stat. (2002). To summarize, the Ryce Act's timeline provides for the state attorney to receive a recommendation regarding civil commitment at least one year before a sexual offender is scheduled for release.”

Knowles v. Beverly Enter.-Florida, 898 So. 2d 1 (Fla. 2004). · cites it 3× “at 514 (emphasis added) (quoting § 394.916(2), Fla. Stat. (1999)). The court concluded that the statute provided that a "continuance may only be granted when the detainee will not be substantially prejudiced.”

State v. Kinder, 830 So. 2d 832 (Fla. 2002). · cites it 9× “Moreover, although section 394.916, Florida Statutes (1999), allows for the thirty-day period to be continued, it also provides that such continuance may only be granted when the detainee will not be substantially prejudiced by it.”

Westerheide v. State, 767 So. 2d 637 (Fla. 5th DCA 2000). · cites it 5× “(1999); (4) trial by jury, see § 394.916, Fla. Stat. (1999); and (5) the right to subsequent examinations and hearings to determine the right to release, see §§ 394.”

Westerheide v. State, 831 So. 2d 93 (Fla. 2002). · cites it 2× “A person committed under the Ryce Act must submit to a yearly mental health examination, the results of which are submitted to the court. See id. § 394.918(1). Further, an individual seeking release from such commitment must supply the court with a waiver of rights.”

Larimore v. State, 2 So. 3d 101 (Fla. 2009). · cites it 2× “2d at 105; see also §§ 394.916(3)-(5), 394.917(1), (3), 394.918, 394.”

Anderson v. State, 93 So. 3d 1201 (Fla. 1st DCA 2012). · cites it 19× “Two days later, on October 16, 2009, the trial court found probable cause that Appellant met the criteria for commitment, triggering section 394.916, Florida Statutes (2009), which requires a trial occur within thirty days, absent a continuance.”

Show all 52 citing cases →

— 394.916(1) — 35 cases

State v. Goode, 830 So. 2d 817 (Fla. 2002). “§ 394.916, Fla. Stat. (1999) (emphasis added).”

Morel v. Wilkins, 84 So. 3d 226 (Fla. 2012). “” When interpreting the interplay between section 394.916, subsections (1) and (2), the Second District in Curry v.”

Curry v. State, 880 So. 2d 751 (Fla. 2d DCA 2004). “" See § 394.916(1), Fla. Stat. (2002). Mr. Curry affirmatively indicated on the record his assent to this continuance.”

Mitchell v. State, 911 So. 2d 1211 (Fla. 2005). “Section 394.916(1), Florida Statutes (2002), provides that "[w]ithin thirty days after the determination of probable cause, the court shall conduct a trial to determine whether the person is a sexually violent predator.”

Osborne v. State, 907 So. 2d 505 (Fla. 2005). “We further interpreted the thirty-day time provision in section 394.916, Florida Statutes (1999), as being "mandatory but not jurisdictional.”

— 394.916(2) — 19 cases

State v. Goode, 830 So. 2d 817 (Fla. 2002). “§ 394.916, Fla. Stat. (1999) (emphasis added).”

Morel v. Wilkins, 84 So. 3d 226 (Fla. 2012). “” When interpreting the interplay between section 394.916, subsections (1) and (2), the Second District in Curry v.”

Knowles v. Beverly Enter.-Florida, 898 So. 2d 1 (Fla. 2004). “at 514 (emphasis added) (quoting § 394.916(2), Fla. Stat. (1999)). The court concluded that the statute provided that a "continuance may only be granted when the detainee will not be substantially prejudiced.”

Osborne v. State, 907 So. 2d 505 (Fla. 2005). “We further interpreted the thirty-day time provision in section 394.916, Florida Statutes (1999), as being "mandatory but not jurisdictional.”

Curry v. State, 880 So. 2d 751 (Fla. 2d DCA 2004). “" See § 394.916(1), Fla. Stat. (2002). Mr. Curry affirmatively indicated on the record his assent to this continuance.”

— 394.916(3) — 11 cases

Larimore v. State, 2 So. 3d 101 (Fla. 2009). “2d at 105; see also §§ 394.916(3)-(5), 394.917(1), (3), 394.918, 394.”

State v. Goode, 830 So. 2d 817 (Fla. 2002). “§ 394.916, Fla. Stat. (1999) (emphasis added).”

Westerheide v. State, 831 So. 2d 93 (Fla. 2002). “A person committed under the Ryce Act must submit to a yearly mental health examination, the results of which are submitted to the court. See id. § 394.918(1). Further, an individual seeking release from such commitment must supply the court with a waiver of rights.”

State v. Kinder, 830 So. 2d 832 (Fla. 2002). “Moreover, although section 394.916, Florida Statutes (1999), allows for the thirty-day period to be continued, it also provides that such continuance may only be granted when the detainee will not be substantially prejudiced by it.”

Hudson v. State, 825 So. 2d 460 (Fla. 1st DCA 2002).

— 394.916(4) — 1 case

Williams v. State, 882 So. 2d 1082 (Fla. 4th DCA 2004).

— 394.916(5) — 3 cases

Hudson v. State, 825 So. 2d 460 (Fla. 1st DCA 2002).

Michael Alexander James v. State of Florida (Fla. 1st DCA 2026).

— 394.916(l) — 1 case

Boatman v. State, 77 So. 3d 1242 (Fla. 2011).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.