Florida Statutes

Fla. Stat. § 394.917 (2025)

Determination; commitment procedure; mistrials; housing; counsel and costs in indigent appellate cases.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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394.917 Determination; commitment procedure; mistrials; housing; counsel and costs in indigent appellate cases.—

(1) The court or jury shall determine by clear and convincing evidence whether the person is a sexually violent predator. If the determination is made by a jury, the verdict must be unanimous. If the jury is unable to reach a unanimous verdict, the court must declare a mistrial and poll the jury. If a majority of the jury would find the person is a sexually violent predator, the state attorney may refile the petition and proceed according to the provisions of this part. Any retrial must occur within 90 days after the previous trial, unless the subsequent proceeding is continued in accordance with s. 394.916(2). The determination that a person is a sexually violent predator may be appealed.

(2) If the court or jury determines that the person is a sexually violent predator, upon the expiration of the incarcerative portion of all criminal sentences and disposition of any detainers, the person shall be committed to the custody of the Department of Children and Families for control, care, treatment, and rehabilitation of criminal offenders, until such time as the person’s mental abnormality or personality disorder has so changed that it is safe for the person to be at large. At all times, persons who are detained or committed under this part shall be kept in a secure facility segregated from patients of the department who are not detained or committed under this part.

(3) The public defender of the circuit in which a person was determined to be a sexually violent predator shall be appointed to represent the person on appeal. That public defender may request the public defender who handles criminal appeals for the circuit to represent the person on appeal in the manner provided in s. 27.51(4). If the public defender is unable to represent the person on appeal due to a conflict, the court shall appoint other counsel, who shall be compensated at a rate not less than that provided for appointed counsel in criminal cases. Filing fees for indigent appeals under this act are waived. Costs and fees related to such appeals, including the amounts paid for records, transcripts, and compensation of appointed counsel, shall be authorized by the trial court and paid from state funds that are appropriated for such purposes.

History.—s. 9, ch. 98-64; s. 12, ch. 99-222; s. 2, ch. 2002-59; s. 43, ch. 2004-5; s. 3, ch. 2012-79; s. 105, ch. 2014-19; s. 3, ch. 2019-134; s. 14, ch. 2019-167.

Note.—Former s. 916.37.

Notes of Decisions

Cited in 66 cases (5 in the last 5 years), 2000–2025 · leading case: Morel v. Wilkins, 84 So. 3d 226 (Fla. 2012).

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Morel v. Wilkins, 84 So. 3d 226 (Fla. 2012). · cites it 8× “” § 394.917(2), Fla. Stat. (2002). The Legislature promulgated the Act for the dual propose “of providing mental health treatment to sexually violent predators and protecting the public from these individuals.”

Hudson v. State, 825 So. 2d 460 (Fla. 1st DCA 2002). · cites it 5× “§ 394.917(1). Upon a determination that the person qualifies as a sexually violent predator, upon the expiration of the incarcerative portion of all criminal sentences .”

Stand. Jury Inst.-Crim. Cases (99-2), 777 So. 2d 366 (Fla. 2000). · cites it 12× “*377 Comment Based upon section 394.917, Florida Statutes; Florida Standard Jury Instruction (Criminal) 2.”

Jamaal Ali Bilal v. Geo Care, LLC, 981 F.3d 903 (11th Cir. 2020). “Fla. Stat. § 394.917 (2); see also Pesci v.”

Lee v. State, 854 So. 2d 709 (Fla. 2d DCA 2003). · cites it 4× “§ 394.917(1), Fla. Stat. (2001). One element of this civil commitment statute that must be proven is that the detainee is likely to commit future acts of sexual violence.”

Gering v. State, 252 So. 3d 334 (Fla. 3d DCA 2018). · cites it 7× “2 On May 1, 2015, the State filed a petition, pursuant to section 394.917, Florida Statutes (2015), to declare Gering a sexually violent predator and sought, following completion of his incarcerative sentence, to have Gering committed to the custody of the Department of Children…”

Westerheide v. State, 767 So. 2d 637 (Fla. 5th DCA 2000). · cites it 4× “" § 394.917(2), Fla. Stat. (1999). The individual is afforded other procedural safeguards that include the right to appointment of a public defender if the individual is indigent and the right to subsequently petition for release in the future.”

Westerheide v. State, 831 So. 2d 93 (Fla. 2002). “Further, an individual seeking release from such commitment must supply the court with a waiver of rights.”

Watrous v. State, 793 So. 2d 6 (Fla. 2d DCA 2001). · cites it 2× “[5] If the state attorney decides to pursue involuntary commitment, the person is entitled to a jury trial in which the State must prove by clear and convincing evidence that he or she is a sexually violent predator.”

Saintelien v. State, 990 So. 2d 494 (Fla. 2008). · cites it 2× “130(a)(4) (allowing appeals of nonfinal orders entered after a final order). See also § 394.9155(1), Fla.”

State v. White, 891 So. 2d 502 (Fla. 2004). · cites it 2× “A "sexually violent predator" is defined as a person who (a) "has been convicted of a sexually violent offense;" and (b) "suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure…”

Roeling v. State, 880 So. 2d 1234 (Fla. 1st DCA 2004). · cites it 2× “912(10), Florida Statutes (2002) (a part of what is commonly referred to as the "Jimmy Ryce Act"), and committing him to the custody of the Department of Children and Family Services for control, care and treatment in a secure facility pursuant to section 394.917(2), Florida…”

Show all 66 citing cases →

— 394.917(1) — 13 cases

Stand. Jury Inst.-Crim. Cases (99-2), 777 So. 2d 366 (Fla. 2000). “*377 Comment Based upon section 394.917, Florida Statutes; Florida Standard Jury Instruction (Criminal) 2.”

Gering v. State, 252 So. 3d 334 (Fla. 3d DCA 2018). “2 On May 1, 2015, the State filed a petition, pursuant to section 394.917, Florida Statutes (2015), to declare Gering a sexually violent predator and sought, following completion of his incarcerative sentence, to have Gering committed to the custody of the Department of Children…”

Westerheide v. State, 831 So. 2d 93 (Fla. 2002). “Further, an individual seeking release from such commitment must supply the court with a waiver of rights.”

Hudson v. State, 825 So. 2d 460 (Fla. 1st DCA 2002). “§ 394.917(1). Upon a determination that the person qualifies as a sexually violent predator, upon the expiration of the incarcerative portion of all criminal sentences .”

State v. White, 891 So. 2d 502 (Fla. 2004). “A "sexually violent predator" is defined as a person who (a) "has been convicted of a sexually violent offense;" and (b) "suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure…”

— 394.917(2) — 28 cases

Morel v. Wilkins, 84 So. 3d 226 (Fla. 2012). “” § 394.917(2), Fla. Stat. (2002). The Legislature promulgated the Act for the dual propose “of providing mental health treatment to sexually violent predators and protecting the public from these individuals.”

Westerheide v. State, 767 So. 2d 637 (Fla. 5th DCA 2000). “" § 394.917(2), Fla. Stat. (1999). The individual is afforded other procedural safeguards that include the right to appointment of a public defender if the individual is indigent and the right to subsequently petition for release in the future.”

Lee v. State, 854 So. 2d 709 (Fla. 2d DCA 2003). “§ 394.917(1), Fla. Stat. (2001). One element of this civil commitment statute that must be proven is that the detainee is likely to commit future acts of sexual violence.”

Roeling v. State, 880 So. 2d 1234 (Fla. 1st DCA 2004). “912(10), Florida Statutes (2002) (a part of what is commonly referred to as the "Jimmy Ryce Act"), and committing him to the custody of the Department of Children and Family Services for control, care and treatment in a secure facility pursuant to section 394.917(2), Florida…”

— 394.917(3) — 2 cases

Saintelien v. State, 990 So. 2d 494 (Fla. 2008). “130(a)(4) (allowing appeals of nonfinal orders entered after a final order). See also § 394.9155(1), Fla.”

In Re Commitment of May, 975 So. 2d 579 (Fla. 2d DCA 2008).

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