Florida Statute 394.917 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 394.917

Arrestable Offenses / Crimes under Fla. Stat. 394.917

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.917.

Annotations, Discussions, Cases:

Cases Citing Statute 394.917

Total Results: 20

Gering v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-25T00:00:00-07:00

Citation: 252 So. 3d 334

Snippet: the State filed a petition, pursuant to section 394.917, Florida Statutes (2015), to declare Gering a …that it is safe for [Gering] to be at large.” § 394.917(2). The State alleged that Gering suffered from…rather than “beyond a reasonable doubt,” see § 394.917(1), Fla. Stat. (2016); Fla. R. Civ. P.—S.V.P. …In further support, Gering relies upon section 394.917(1), which provides in pertinent part: “The court… 9 language of section 394.917(1) to prohibit a motion for directed verdict, because

JAMES T. STENGEL v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-02T00:53:00-07:00

Snippet: evaluation within the year preceding trial. See §§ 394.917, 394.918, Fla. Stat. Rather, the statutory language

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

Court: Fla. | Date Filed: 2016-10-27T00:00:00-07:00

Citation: 202 So. 3d 830

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

Terrel McClam v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-27T00:00:00-08:00

Citation: 185 So. 3d 571

Snippet: violent predators. See §§ 394.913(3), 394.917(2), Fla. Stat. (2014). The DCF report concerned

Jackson v. State

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

Citation: 166 So. 3d 906

Snippet: Mr. Jackson was not in DCF’s custo*908dy, see § 394.917(2), but rather was serving a prison sentence with… clear and convincing evidence. §§ 394.915(1), 394.917(1). If the allegation is proven, then the person…that it is safe for the person to be at large.” § 394.917(2). The State followed this procedure when Mr. …evidence. §§ .394.9135(3), 394.915, 394.916(1), 394.917(1). If the judge or jury determines that the allegation…DCF custody for control, care, and treatment. § 394.917(2).3 The applicable Florida statutes do not specify

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

Court: Fla. | Date Filed: 2014-12-04T00:00:00-08:00

Citation: 152 So. 3d 529

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

Hartzog v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-02-17T00:00:00-08:00

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

Snippet: FCCC) in Arcadia, Florida, pursuant to section 394.917(2), Florida Statutes (2012). He argues that the…as the basis for a hold contested under section 394.917 do not comport with the legislative design of the

Ward v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-04-10T00:00:00-07:00

Citation: 111 So. 3d 225

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

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

Mitchell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-03T00:00:00-07:00

Citation: 98 So. 3d 694

Snippet: him to secure institutional care under section 394.917, Florida Statutes. This order was affirmed without

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

Court: Fla. | Date Filed: 2012-05-17T00:00:00-07:00

Citation: 95 So. 3d 868

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

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: that it is safe for the person to be at large.” § 394.917(2), Fla. Stat. (2002). The Legislature promulgated…that it is safe for the person to be at large.” § 394.917(2), Fla. Stat. Subsequent to commitment, persons…DCF but awaiting a civil commitment trial. See § 394.917(2), Fla. Stat. *233B. The FCCC’s Sexual Offender

In Re Commitment of Jackson

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-19T00:00:00-07:00

Citation: 77 So. 3d 651

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

Hayes v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-02T00:00:00-08:00

Citation: 55 So. 3d 699

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

Shaw v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-02-18T00:00:00-08:00

Citation: 29 So. 3d 1161

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

Larimore v. State

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

Citation: 2 So. 3d 101

Snippet: 831 So.2d at 105; see also §§ 394.916(3)-(5), 394.917(1), (3), 394.918, 394.920, Fla. Stat. (2004). As

Saintelien v. State

Court: Fla. | Date Filed: 2008-08-28T00:53:00-07:00

Citation: 990 So. 2d 494

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

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

Fuery v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-11-06T23:53:00-08:00

Citation: 968 So. 2d 77

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

Department of Children & Families v. Blackburne

Court: Fla. Dist. Ct. App. | Date Filed: 2007-07-18T00:00:00-07:00

Citation: 961 So. 2d 1028

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