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Florida Statute 394.916 | Lawyer Caselaw & Research
F.S. 394.916 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. 394.916
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 from cite.case.law:

ROGERS, v. STATE, 246 So. 3d 571 (Fla. App. Ct. 2018)

. . . Rogers claims the trial court violated his rights under section 394.916, Florida Statutes (2017), when . . . to trial within the thirty days of the trial court's probable cause finding, as required by section 394.916 . . .

I. JACKSON, v. STATE, 166 So. 3d 906 (Fla. Dist. Ct. App. 2015)

. . . . §§ 394.914, 394.915(1), 394.916(1). . . . within thirty days to determine the question by clear and convincing evidence. §§ .394.9135(3), 394.915, 394.916 . . .

MOREL, v. STATE, 138 So. 3d 1122 (Fla. Dist. Ct. App. 2014)

. . . appointed counsel, Defendant agreed in both open court and in writing to waive his right under section 394.916 . . .

KAKUK, v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES, STATE OF FLORIDA,, 516 F. App'x 901 (11th Cir. 2013)

. . . . § 394.916. . . .

STATE v. PHILLIPS,, 119 So. 3d 1233 (Fla. 2013)

. . . . § 394.916(1), Fla. Stat. (2005). In State v. . . .

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

. . . See § 394.916(1), Fla. Stat. . . . Section 394.916(2), Florida Statutes, provides that a “trial may be continued once upon the request of . . . continuances may be granted unless the court finds that a manifest injustice would otherwise occur.” § 394.916 . . . trial court found probable cause that Appellant met the criteria for commitment, triggering section 394.916 . . . Specifically, section 394.916 provides: (1) Within 30 days after the determination of probable cause, . . . Instead, the invited error doctrine overcomes the mandatory time requirements set forth in section 394.916 . . . Section 394.916(1), Florida Statutes (2009), states, “Within 30 days after the determination of probable . . . notably where a continuance, for good cause or in the interest of justice, has been granted under section 394.916 . . .

MOREL, v. E. WILKINS,, 84 So. 3d 226 (Fla. 2012)

. . . After consultation with counsel, Morel agreed in open court to waive his right under section 394.916( . . . At the time of Morel’s initial confinement in April 2002, section 394.916(2) provided that “[t]he trial . . . See § 394.916(1), Fla. Stat. . . . Before its revision in 2006, section 394.916(2) of the Act provided that “[t]he trial may be continued . . . When interpreting the interplay between section 394.916, subsections (1) and (2), the Second District . . . See generally §§ 394.913(2)-(3), 394.9135(3), 394.914, 394.916(5), Fla. Stat. (2011). . . .

FRANTZIS, v. STATE, 80 So. 3d 1133 (Fla. Dist. Ct. App. 2012)

. . . Section 394.916(1) provides the court shall conduct a trial within 30 days after the determination of . . . Section 394.916(2) states the court may grant one continuance for “not more than 120 days.” . . .

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

. . . . § 394.916(l)-(2), Fla. Stat. (2008). . . . trial take place within thirty days after the determination of probable cause, unless continued. § 394.916 . . . continuances may be granted unless the court finds that a manifest injustice would otherwise occur. § 394.916 . . . See § 394.916(l)-(2), Fla. Stat. . . .

In COMMITMENT OF RICHARDS. v., 62 So. 3d 1263 (Fla. Dist. Ct. App. 2011)

. . . to trial within thirty days from the date of the probable cause determination as required by section 394.916 . . . bring Richards to trial within thirty days from the probable cause determination as required by section 394.916 . . . to trial within thirty days from the date of the probable cause determination as required by section 394.916 . . . State, 907 So.2d 505 (Fla.2005), noted that the requirement under section 394.916(1) that trial commence . . . The motion to dismiss for violation of section 394.916(1) was filed on March 31, 2010, which was a little . . .

TEDESCO, v. STATE, 62 So. 3d 1252 (Fla. Dist. Ct. App. 2011)

. . . We presume that the “statutory guidelines” to which court was referring was section 394.916(1), Florida . . . However, section 394.916(1) no longer sets the date by which trial is to commence. . . . Because rule 4.240 conflicts with section 394.916(1) as to the date by which trial is to commence, the . . . its own motion in the interests of justice, when the person will not be substantially prejudiced.” § 394.916 . . .

TAYLOR, v. STATE, 65 So. 3d 531 (Fla. Dist. Ct. App. 2011)

. . . . § 394.916(2), Fla. Stat. . . . See § 394.916(1), Fla. Stat. (2002). . . . Section 394.916(1) states that “[wjithin 30 days after the determination of probable cause, the court . . .

In COMMITMENT OF MOREL, v., 67 So. 3d 1062 (Fla. Dist. Ct. App. 2010)

. . . Section 394.916(1), Florida Statutes (1999-2010), states that the court shall conduct a trial on the . . .

L. BOATMAN, v. STATE, 39 So. 3d 391 (Fla. Dist. Ct. App. 2010)

. . . demonstrated good cause and that the defense did not establish substantial prejudice as required by section 394.916 . . . Section 394.916, Florida Statutes (2008), provides in pertinent part: (1) Within 30 days after the determination . . .

In COMMITMENT OF GOODE. v., 22 So. 3d 750 (Fla. Dist. Ct. App. 2009)

. . . dismissed due to the State’s failure to bring Goode to trial within thirty days as required by section 394.916 . . . the State failed to bring a detainee to trial within the thirty-day time period set forth in section 394.916 . . . Section 394.916(1) provides that "[w]ithin 30 days after the determination of probable cause, the court . . . allows for the trial to be continued upon a request of either party and a showing of good cause, see § 394.916 . . .

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

. . . As adopted, rule 4.260, Continuance of Trial, tracks the language of section 394.916(2), Florida Statutes . . .

P. NEWSOME, v. BROWARD COUNTY PUBLIC DEFENDERS,, 304 F. App'x 814 (11th Cir. 2008)

. . . . § 394.916(1). . . . .

LARIMORE, v. STATE, 2 So. 3d 101 (Fla. 2008)

. . . by clear and convincing evidence that the person requires commitment. 831 So.2d at 105; see also §§ 394.916 . . .

In COMMITMENT OF R. MAY. R. v., 975 So. 2d 579 (Fla. Dist. Ct. App. 2008)

. . . . § 394.916(3). . . .

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

. . . . § 394.916, Fla. Stat. (2002). . . . . § 394.916(1), Fla. Stat. (2002). . . .

KOLIN, v. STATE, 927 So. 2d 198 (Fla. Dist. Ct. App. 2006)

. . . for the first time, raised the thirty-day deadline in a “Motion to Dismiss for Violation of Section 394.916 . . . Further, section 394.916(2) of the Act provides for waiver of the deadline upon the trial court’s granting . . . open court that expressly and unequivocally demands a trial within thirty days pursuant to section 394.916 . . .

WHITSETT, v. STATE, 913 So. 2d 1208 (Fla. Dist. Ct. App. 2005)

. . . probable cause under s. 394.915 or pursuant to a commitment as a sexually violent predator under s. 394.916 . . .

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

. . . Section 394.916(1), Florida Statutes (2002), provides that “[wjithin thirty days after the determination . . . could not ensure that the appellee will not be held beyond the thirty-day time limit set by section 394.916 . . . So.2d 817, 823 (Fla.2002), the Florida Supreme Court held that the thirty-day time limit in section 394.916 . . . For example, section 394.916(1), Florida Statutes (2000), provides that “[wjithin thirty days after the . . . In addition to the provision for an adversarial probable cause determination, section 394.916(2) provides . . .

WILLIAMS, v. STATE, 909 So. 2d 939 (Fla. Dist. Ct. App. 2005)

. . . . § 394.916(1), Fla. Stat. (2000). . Dr. Benoit and Dr. Pritchard. . § 394.911, Fla. Stat. (2000). . . .

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

. . . to trial within the thirty days of the trial court’s probable cause finding, as required by section 394.916 . . . We further interpreted the thirty-day time provision in section 394.916, Florida Statutes (1999), as . . . we have already concluded that dismissal is appropriate if the mandatory time standards of section 394.916 . . . As noted above, section 394.916(2), allows for a continuance, upon a showing of good cause by one of . . . See Kinder, 830 So.2d at 833 (“[A]fter the time period in section 394.916(1) has run, trial is no longer . . . See § 394.916(2), Fla. . . . there should be “scrupulous compliance” with the statutory thirty-day time limit set forth in section 394.916 . . .

In COMMITMENT OF A. ORTEGA. v. A. a k a, 891 So. 2d 623 (Fla. Dist. Ct. App. 2005)

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

KNOWLES, v. BEVERLY ENTERPRISES- FLORIDA, INC., 898 So. 2d 1 (Fla. 2004)

. . . Id. at 514 (emphasis added) (quoting § 394.916(2), Fla. Stat. (1999)).. . . . Id. at 824 (“As noted above, section 394.916(2) allows for a continuance, upon a showing of good cause . . .

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

. . . Pursuant to section 394.916(3), the trial court also appointed counsel for Branch to represent him in . . .

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

. . . . § 394.916(4), Fla. Stat. (2004). . . .

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

. . . Curry who stipulates to either a waiver of his right to a trial within thirty days under section 394.916 . . . (1), Florida Statutes (2002), or to a continuance of his trial pursuant to section 394.916(2), Florida . . . See § 394.916(1), Fla. Stat. (2002). Mr. . . . This notice did not refer to the thirty-day time limit set forth in section 394.916(1). . . . for a continuance under section 394.916(2) are essentially equivalent. . . . .

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

. . . trial court’s finding of probable cause that he is a sexually violent predator, pursuant to section 394.916 . . .

ENNIS, v. REGIER,, 869 So. 2d 701 (Fla. Dist. Ct. App. 2004)

. . . However, Ennis also asserts that he was not brought to trial within thirty days as required by section 394.916 . . .

STATE v. BURKHART,, 869 So. 2d 1242 (Fla. Dist. Ct. App. 2004)

. . . probable cause under s. 394.915 or pursuant to a commitment as a sexually violent predator under s. 394.916 . . .

D. D. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 849 So. 2d 473 (Fla. Dist. Ct. App. 2003)

. . . See 830 So.2d at 828 The particular section under review in Goode, section 394.916(1), Florida Statutes . . .

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

. . . Section 394.916(1), Florida Statutes (2002), provides that “[wjithin thirty days after the determination . . . could not ensure that the appellee will not be held beyond the thirty-day time limit set by section 394.916 . . . So.2d 817, 823 (Fla.2002), the Florida Supreme Court held that the thirty-day time limit in section 394.916 . . .

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

. . . We note that section 394.916(1), Florida Statutes (2000), provides that a sexually violent predator detainee . . .

STATE v. C. ATKINSON,, 831 So. 2d 172 (Fla. 2002)

. . . See §§ 394.915, 394.916, Fla. Stat. (2001). . . .

STATE v. GOODE,, 830 So. 2d 817 (Fla. 2002)

. . . Section 394.916 states, in pertinent part: (1) Within SO days after the determination of probable cause . . . See § 394.916(1), Fla. Stat (1999). . . . See § 394.916(2). . . . As noted above, section 394.916(2), allows for a continuance, upon a showing of good cause by one of . . . In the instant case, no continuance was granted pursuant to section 394.916(2), which allows a party . . . I would find the thirty-day time period in section 394.916(1), Florida Statutes (Jimmy Ryce Act) to be . . . the thirty-day time period, although it provided no consequences for the State’s failure to comply. § 394.916 . . .

STATE v. KINDER,, 830 So. 2d 832 (Fla. 2002)

. . . importance: WHETHER THE FAILURE TO COMMENCE A COMMITMENT TRIAL WITHIN THE 30-DAY PERIOD OF SECTION 394.916 . . . Fla. 2002), and we approve the Second District’s holding herein that the time provisions of section 394.916 . . . Thus, after the time period in section 394.916(1) has run, trial is no longer pending and section 394.915 . . . See § 394.916(2). . . . See § 394.916(3), Fla. Stat. (2001). . . .

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

. . . See § 394.916(3), (4), Fla. Stat. (2001). . See id. § 394.916(5). . See id. § 394.917(1), (3). . . . .

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

. . . . § 394.916(1). . . . Id. § 394.916(5). . . . Id. § 394.916(3). . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. BURTON,, 802 So. 2d 467 (Fla. Dist. Ct. App. 2001)

. . . Pursuant to section 394.916(3), Florida Statutes (2000), Burton is entitled to the assistance of counsel . . .

BARDO, v. STATE, 804 So. 2d 474 (Fla. Dist. Ct. App. 2001)

. . . See § 394.916, Fla. Stat. (2000). . . .

STATE v. ROBBINS,, 785 So. 2d 620 (Fla. Dist. Ct. App. 2001)

. . . probable cause under the new standard, the matter shall proceed to trial in accordance with section 394.916 . . .

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

. . . The motion cited to section 394.916 of the Act which provides, in relevant part: 394.916 Trial; counsel . . . its own motion in the interests of justice, when the person will not be substantially prejudiced. § 394.916 . . . the thirty-day time period, although it provided no consequences for the State’s failure to comply. § 394.916 . . .

STATE v. GOODE,, 779 So. 2d 544 (Fla. Dist. Ct. App. 2001)

. . . respondent to trial within thirty days of the initial probable cause determination, pursuant to section 394.916 . . . importance: WHETHER THE FAILURE TO COMMENCE A COMMITMENT TRIAL WITHIN THE 30-DAY PERIOD OF SECTION 394.916 . . .

STATE v. REESE,, 773 So. 2d 655 (Fla. Dist. Ct. App. 2000)

. . . probable cause after an adversarial hearing, the 30 day clock for commencement of trial in section 394.916 . . . Moreover, as section 394.916(2) provides that the time for commencement of trial may be extended upon . . .

KINDER, v. STATE, 779 So. 2d 512 (Fla. Dist. Ct. App. 2000)

. . . . § 394.916, Fla. Stat. (1999). . . . Moreover, although section 394.916, Florida Statutes (1999), allows for the thirty-day period to be continued . . . See § 394.916(2). . . . that the legislature unconstitutionally usurped the court’s rule making authority in enacting section 394.916 . . . importance: WHETHER THE FAILURE TO COMMENCE A COMMITMENT TRIAL WITHIN THE 30-DAY PERIOD OF SECTION 394.916 . . .

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

. . . See § 394.916(1), Fla. Stat. (1999). . . . See §§ 394.916(3), 394.920, Fla. Stat. (1999). B. . . . procedural and substantive rights include the following: (1) the right to counsel, see §§ 394.915(3), 394.916 . . . Stat. (1999); (4) trial by jury, see § 394.916, Fla. . . .

STATE v. KOBEL,, 757 So. 2d 556 (Fla. Dist. Ct. App. 2000)

. . . See § 394.916(1), Fla. Stat. (1999). . . . See also § 394.916(3), Fla. Stat. . . .

AMADOR, v. STATE W., 766 So. 2d 1061 (Fla. Dist. Ct. App. 2000)

. . . Section 394.916(1). . . .

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

. . . Section 394.916 provides: (1) Within 30 days after the determination of probable cause, the court shall . . . See § 394.916(3), (5). . . . . See § 394.916(1). . . .