Florida Statute 394.917 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

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F.S. 394.917

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.

F.S. 394.917 on Google Scholar

F.S. 394.917 on CourtListener

Amendments to 394.917

Annotations, Discussions, Cases:

Cases Citing Statute 394.917

Total Results: 51

Westerheide v. State

831 So. 2d 93, 2002 WL 31319386

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

Cited 151 times | Published

(2001). [11] See id. § 394.916(5). [12] See id. § 394.917(1), (3). [13] See id. § 394.918. [14] See id

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

that it is safe for the person to be at large." § 394.917(2), Fla. Stat. (1999). The individual is afforded

Watrous v. State

793 So. 2d 6, 2001 WL 219982

District Court of Appeal of Florida | Filed: Mar 7, 2001 | Docket: 2031700

Cited 20 times | Published

he or she is a sexually violent predator. See § 394.917. Thus, although a plea to a qualifying offense

Lee v. State

854 So. 2d 709, 2003 WL 21946444

District Court of Appeal of Florida | Filed: Aug 15, 2003 | Docket: 1747436

Cited 19 times | Published

of Children and Family Services pursuant to section 394.917(2), Florida Statutes (1999). That statute is

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

treatment in a secure facility pursuant to section 394.917(2), Florida Statutes (2000). He contends that

Saintelien v. State

990 So. 2d 494, 2008 WL 3926789

Supreme Court of Florida | Filed: Aug 28, 2008 | Docket: 1293329

Cited 14 times | Published

to involuntary civil commitment proceedings); § 394.917(3), Fla. Stat. (2007) (providing that the public

James R. Pesci v. Tim Budz

730 F.3d 1291, 2013 WL 5302622

Court of Appeals for the Eleventh Circuit | Filed: Sep 23, 2013 | Docket: 328481

Cited 13 times | Published

safe for the person to be at large.” Fla. Stat. § 394.917(2) (emphasis added). A “sexually violent predator

State v. White

891 So. 2d 502, 2004 WL 2973858

Supreme Court of Florida | Filed: Dec 23, 2004 | Docket: 1704419

Cited 13 times | Published

evidence, to be a sexually violent predator. § 394.917(1), Fla. Stat. (1999). A "sexually violent predator"

James R. Pesci v. Tim Budz

935 F.3d 1159

Court of Appeals for the Eleventh Circuit | Filed: Aug 21, 2019 | Docket: 16092693

Cited 12 times | Published

under Florida law. See Fla. Stat. § 394.917 (2) (requiring that sexually violent predators

Standard Jury Inst.-Criminal Cases (99-2)

777 So. 2d 366, 25 Fla. L. Weekly Supp. 476, 2000 Fla. LEXIS 1231, 2000 WL 766602

Supreme Court of Florida | Filed: Jun 15, 2000 | Docket: 462276

Cited 12 times | Published

whether the person is a sexually violent predator." § 394.917(1), Fla. Stat. (1999). Several comments (and,

Roeling v. State

880 So. 2d 1234, 2004 WL 1919571

District Court of Appeal of Florida | Filed: Aug 30, 2004 | Docket: 217743

Cited 11 times | Published

treatment in a secure facility pursuant to section 394.917(2), Florida Statutes (2002). He argues that

Jackson v. State

833 So. 2d 243, 2002 WL 31870170

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 1258860

Cited 10 times | Published

commitment to a secure mental health facility under section 394.917, Florida Statutes (1999), the "Jimmy Ryce Act"

In Re Williams

841 So. 2d 531, 2003 WL 553736

District Court of Appeal of Florida | Filed: Feb 28, 2003 | Docket: 1233677

Cited 9 times | Published

OLIVER L., SENIOR JUDGE, Concur. NOTES [1] Section 394.917(2), Florida Statutes (2000). [2] Frye v. United

In Re Commitment of Allen

927 So. 2d 1070, 2006 WL 1300601

District Court of Appeal of Florida | Filed: May 12, 2006 | Docket: 1765031

Cited 8 times | Published

him to be a sexually violent predator under section 394.917, Florida Statutes (1999). Section 394.918 establishes

Carlin v. State

939 So. 2d 245, 2006 WL 2933884

District Court of Appeal of Florida | Filed: Oct 16, 2006 | Docket: 1657305

Cited 7 times | Published

safe for him to be at large, as provided in section 394.917(2), Florida Statutes (2002).[2] Appellant contends:

Jackson v. State

802 So. 2d 1213, 2002 WL 21707

District Court of Appeal of Florida | Filed: Jan 9, 2002 | Docket: 1332948

Cited 7 times | Published

Jackson to be a sexually violent predator under section 394.917(2), Florida Statutes (1999). That statute is

State v. Bryant

901 So. 2d 381, 2005 WL 1109443

District Court of Appeal of Florida | Filed: May 11, 2005 | Docket: 1216749

Cited 5 times | Published

a sexually violent predator may be appealed." § 394.917(1), Fla. Stat. (2003). Bryant argues that the

Williams v. State

889 So. 2d 804, 2004 WL 2815919

Supreme Court of Florida | Filed: Dec 9, 2004 | Docket: 1742659

Cited 4 times | Published

that it is safe for the person to be at large." § 394.917(2), Fla. Stat. (2002). Subsequent to this commitment

Allen v. State

873 So. 2d 576, 2004 WL 1159784

District Court of Appeal of Florida | Filed: May 26, 2004 | Docket: 1733026

Cited 4 times | Published

sexually violent predator in accordance with section 394.917(1), Mr. Allen is presently detained in the

Gray v. State

854 So. 2d 287, 2003 WL 22136070

District Court of Appeal of Florida | Filed: Sep 17, 2003 | Docket: 1747397

Cited 4 times | Published

affirm the commitment order entered under section 394.917(2), Florida Statutes (2001), the "Jimmy Ryce

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

that it is safe for the person to be at large.” § 394.917(2), Fla. Stat. (2002). The Legislature promulgated

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

to appeal, § 394.917(1), as well as a right to appellate counsel at state expense, § 394.917(3). Therefore

Hartzog v. State

133 So. 3d 570, 2014 WL 594354, 2014 Fla. App. LEXIS 2094

District Court of Appeal of Florida | Filed: Feb 17, 2014 | Docket: 60238816

Cited 2 times | Published

Center (FCCC) in Arcadia, Florida, pursuant to section 394.917(2), Florida Statutes (2012). He argues that

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

that it is safe for the person to be at large." § 394.917(2), Fla. Stat. (2005); see also § 394.919(1),

Shaw v. State

29 So. 3d 1161, 2010 Fla. App. LEXIS 1646, 2010 WL 547158

District Court of Appeal of Florida | Filed: Feb 18, 2010 | Docket: 2577910

Cited 2 times | Published

appellant as a sexually violent predator under section 394.917, Florida Statutes (2008). On appeal, appellant

Fuery v. State

968 So. 2d 77, 2007 WL 3274871

District Court of Appeal of Florida | Filed: Nov 7, 2007 | Docket: 1745298

Cited 2 times | Published

predator, Fuery was civilly committed under section 394.917(2). In March, 2007, the circuit court held

Harris v. State

879 So. 2d 1223, 2002 WL 731699

District Court of Appeal of Florida | Filed: Oct 4, 2002 | Docket: 463814

Cited 2 times | Published

Services for control, care, and treatment[.]" § 394.917(2), Fla. Stat. (1999). Thus, under the statutory

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

Department that has legal custody of Burton. See § 394.917(2), Fla. Stat. (2000). Moreover, the Department

Gering v. State

252 So. 3d 334

District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 7511606

Cited 1 times | Published

2015, the State filed a petition, pursuant to section 394.917, Florida Statutes (2015), to declare Gering

Jackson v. State

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

District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 60248411

Cited 1 times | Published

Mr. Jackson was not in DCF’s custo*908dy, see § 394.917(2), but rather was serving a prison sentence with

Ward v. State

111 So. 3d 225, 2013 WL 1442160, 2013 Fla. App. LEXIS 5696

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60230778

Cited 1 times | Published

order civilly committing Ward pursuant to section 394.917, Florida Statutes (2004). He appealed to the

In re Standard Jury Instructions in Criminal Cases—Report No. 2011-03

95 So. 3d 868, 37 Fla. L. Weekly Supp. 352, 2012 WL 2848895, 2012 Fla. LEXIS 961

Supreme Court of Florida | Filed: May 17, 2012 | Docket: 60311327

Cited 1 times | Published

violate rules we all share. Comment Based upon § 394.917, Fla. Stat.; Florida Standard Jury Instruction

Hayes v. State

55 So. 3d 699, 2011 Fla. App. LEXIS 2663, 2011 WL 709881

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 2407652

Cited 1 times | Published

"the person is a sexually violent predator." § 394.917(1), Fla. Stat. The law is geared towards providing

In Re JW

890 So. 2d 337, 2004 WL 3059209

District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 1285149

Cited 1 times | Published

Florida Statutes § 394.467(1) and Florida Statutes § 394.917(1). The Department raises two issues. First, it

Freeze v. State

861 So. 2d 1234, 2003 WL 22927245

District Court of Appeal of Florida | Filed: Dec 12, 2003 | Docket: 2588841

Cited 1 times | Published

of Children and Family Services pursuant to section 394.917(2), Florida Statutes (1999), the "Jimmy Ryce

Juan Francisco Vega v. the State of Florida

District Court of Appeal of Florida | Filed: Jul 16, 2025 | Docket: 70808523

Published

predators after their term of incarceration ends. § 394.917, Fla. Stat. (2024). The sexually violent predator

Dale v. Florida Department of Children and Families

District Court of Appeal of Florida | Filed: Jul 9, 2025 | Docket: 70739442

Published

Sexually Violent Predators Act in October 2021. See § 394.917, Fla. Stat. (2021). In August 2023, Appellant

Jamaal Ali Bilal v. Geo Care, LLC

Court of Appeals for the Eleventh Circuit | Filed: Nov 23, 2020 | Docket: 18681073

Published

to release him into the community. Fla. Stat. § 394.917(2); see also Pesci v. Budz, 730 F.3d 1291, 1299

Jamal Ali Bilal v. GEO Care, LLC

Court of Appeals for the Eleventh Circuit | Filed: Nov 9, 2020 | Docket: 18617326

Published

to release him into the community. Fla. Stat. § 394.917(2); see also Pesci v. Budz, 730 F.3d 1291, 1299

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2016-03

202 So. 3d 830

Supreme Court of Florida | Filed: Oct 27, 2016 | Docket: 4483116

Published

rules we all share. Comments Based upon § 394.917, Fla. Stat.; Florida Standard Jury Instruction

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2016-03

202 So. 3d 830

Supreme Court of Florida | Filed: Oct 27, 2016 | Docket: 4483116

Published

rules we all share. Comments Based upon § 394.917, Fla. Stat.; Florida Standard Jury Instruction

In Re STANDARD JURY INSTRUCTIONS IN CIVIL, CRIMINAL, AND CONTRACT & BUSINESS CASES-JURORS’ USE OF ELECTRONIC DEVICES

152 So. 3d 529, 2014 WL 6802557

Supreme Court of Florida | Filed: Dec 4, 2014 | Docket: 2611559

Published

rules we all share. Comments Based upon § 394.917, Fla. Stat.; Florida Standard Jury Instruction

Mitchell v. State

98 So. 3d 694, 2012 WL 4512773, 2012 Fla. App. LEXIS 16702

District Court of Appeal of Florida | Filed: Oct 3, 2012 | Docket: 60312526

Published

committed him to secure institutional care under section 394.917, Florida Statutes. This order was affirmed

In Re Commitment of Jackson

77 So. 3d 651, 36 Fla. L. Weekly Fed. D 1854

District Court of Appeal of Florida | Filed: Aug 19, 2011 | Docket: 2360097

Published

somewhere between seven and nine years. [2] Section 394.917(1), Florida Statutes (2008), permitted the

Department of Children & Families v. Blackburne

961 So. 2d 1028, 2007 Fla. App. LEXIS 10975, 2007 WL 2043467

District Court of Appeal of Florida | Filed: Jul 18, 2007 | Docket: 64851611

Published

4th DCA 2007). Further, Florida Statutes section 394.917(2) provides that “[a]t all times, persons who

Department of Children & Family Services v. J.W.

890 So. 2d 337, 2004 Fla. App. LEXIS 18820

District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 64835264

Published

Florida Statutes § 394.467(1) and Florida Statutes § 394.917(1). The Department raises two issues. First, it

Higdon v. State

884 So. 2d 495, 2004 Fla. App. LEXIS 14833, 2004 WL 2254186

District Court of Appeal of Florida | Filed: Oct 8, 2004 | Docket: 64833569

Published

of Children and Family Services pursuant to section 394.917(2), Florida Statutes (1999), the “Jimmy Ryce

Jones v. State

868 So. 2d 668, 2004 Fla. App. LEXIS 3940, 2004 WL 609288

District Court of Appeal of Florida | Filed: Mar 30, 2004 | Docket: 64829003

Published

violent predator under the Jimmy Ryce Act, section 394.917, Florida Statutes (2002). On appeal, he argues

Williams v. State

852 So. 2d 433, 2003 Fla. App. LEXIS 12553, 2003 WL 21993961

District Court of Appeal of Florida | Filed: Aug 22, 2003 | Docket: 64824400

Published

that it is safe for the person to be at large. § 394.917(2), Fla. Stat. (2001). The person committed is

Garner v. State

839 So. 2d 924, 2003 Fla. App. LEXIS 3729, 2003 WL 1239643

District Court of Appeal of Florida | Filed: Mar 19, 2003 | Docket: 64821258

Published

operated by the Department of Corrections. Section 394.917(2), Florida Statutes (1999), provides that:

Durden v. Briody

787 So. 2d 260, 2001 Fla. App. LEXIS 7392, 2001 WL 557635

District Court of Appeal of Florida | Filed: May 25, 2001 | Docket: 64806080

Published

not committed under the Act” as required by section 394.917(2), Florida Statutes (2000). Durden alleges