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Florida Statute 394.925 | Lawyer Caselaw & Research
F.S. 394.925 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 394.925

The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 394
MENTAL HEALTH
View Entire Chapter
F.S. 394.925
394.925 Applicability of act.This part applies to all persons currently in custody who have been convicted of a sexually violent offense, as that term is defined in s. 394.912(9), as well as to all persons convicted of a sexually violent offense and sentenced to total confinement in the future.
History.s. 17, ch. 98-64; s. 20, ch. 99-222.
Note.Former s. 916.45.

F.S. 394.925 on Google Scholar

F.S. 394.925 on Casetext

Amendments to 394.925


Arrestable Offenses / Crimes under Fla. Stat. 394.925
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.925.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . .Ӥ 394.925, Fla. Stat. (2012) (emphasis added). . . .

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

. . . See § 394.925, Fla. . . . .” § 394.925, Fla. Stat. (2005) (emphasis added). . . .

J. LUEDTKE, v. STATE, 6 So. 3d 653 (Fla. Dist. Ct. App. 2009)

. . . . § 394.925. Thus, based on the applicable law, Mr. . . .

WASHINGTON, v. STATE, 988 So. 2d 724 (Fla. Dist. Ct. App. 2008)

. . . .” § 394.925. . . .

A. BARBER, v. STATE, 988 So. 2d 1170 (Fla. Dist. Ct. App. 2008)

. . . See § 394.925, Fla. Stat. (2008) (so-called clause one). . . . to include the legal fiction of “constructive custody” when it used the term “in custody” in section 394.925 . . . violent offense and “sentenced to total confinement in the future [i.e., post January 1, 1999].” § 394.925 . . . According to appellant, the word “sentenced,” as used in section 394.925, requires a judicial action . . . At all times relevant to the instant appeal, section 394.925, the so-called “jurisdictional” section . . . persons convicted of a sexually violent offense and sentenced to total confinement in the future. § 394.925 . . . See § 394.925, Fla. Stat.; Ward v. . . . Barber contends that he does not fall within either class of persons defined by section 394.925. . . . Hale, important to our analysis here, involved an interpretation of Clause One of section 394.925 of . . .

WARD, v. STATE, 986 So. 2d 479 (Fla. 2008)

. . . (codified at § 394.925, Fla. Stat. (1999)). . . . Under the first clause of section 394.925, the Act applies to all persons in custody on the effective . . . Ward contends that both of the requirements in the second clause of section 394.925 must occur in the . . . statutory definition of a sexually violent offense applies to both clause one and clause two of section 394.925 . . . We agree that these other provisions of the Act, when read together with section 394.925, “lead to the . . . See § 394.925, Fla. Stat. (2004). The statute is simple, and quite clear. . . . The amendment at issue here stated: 394.925 916.45 Applicability of act. — This part applies Sections . . . (Supp.1998), as s. 394.925, F.S., and clarifies that the Act applies to all persons convicted of a sexually . . .

JOHNSON, v. STATE, 971 So. 2d 212 (Fla. Dist. Ct. App. 2008)

. . . Section 394.925, Florida Statutes, provides: “[Involuntary Civil Commitment of Sexually Violent Predators . . . persons convicted, of a sexually violent offense and sentenced to total confinement in the future.” § 394.925 . . .

GREENE, v. STATE, 970 So. 2d 900 (Fla. Dist. Ct. App. 2007)

. . . Greene asserts that section 394.925, Florida Statutes (1999), does not apply to him. . . . After an exhaustive review of section 394.925, our sister court concluded that section 394.925 authorizes . . .

WARD, v. STATE, 936 So. 2d 1143 (Fla. Dist. Ct. App. 2006)

. . . On May 26, 1999, this particular section was renumbered as section 394.925 and modified to add the words . . . As modified, section 394.925 provides that the Ryce Act applies: to all persons currently in custody . . . persons convicted of a sexually violent offense and sentenced to total confinement in the future. § 394.925 . . . . § 394.925, Fla. Stat. (1999). . . . concluding that “the word ‘custody’ is synonymous with ‘total confinement’ ” for purposes of section 394.925 . . . n. 1 (stating that while the petitioner could not be committed under the “first clause” of section 394.925 . . . The interpretation of the second clause of section 394.925 pressed by Ward would render this portion . . . Because we find that section 394.925 authorizes the State to seek to involuntarily commit Ward for care . . . See § 394.925, Fla. Stat. (2004). The statute is simple, and quite clear. . . .

LARIMORE, v. STATE, 917 So. 2d 354 (Fla. Dist. Ct. App. 2005)

. . . The Second District held that section 394.925, which states that the Act applies to all persons “currently . . . Furthermore, the court distinguished its decision in Atkinson, which construed section 916.45 (now section 394.925 . . .

HALE, v. STATE, 891 So. 2d 517 (Fla. 2004)

. . . The meaning of “Custody” for Purposes of the Ryce Act Hale next argues, citing section 394.925, Florida . . .

TANGUAY, v. STATE, 880 So. 2d 533 (Fla. 2004)

. . . In that case, the district court construed section 394.925, Florida Statutes (1999), which was formerly . . . In construing section 394.925, the Second District first concluded that the terms “in custody” and “total . . . The court ultimately concluded that under section 394.925, the Act is only applicable to those persons . . . I believe the Second District’s interpretation of section 394.925 was correct and can also be applied . . . Section 394.925 reads in pertinent part, "This part applies to all persons currently in custody who have . . .

FITZPATRICK, v. STATE, 868 So. 2d 615 (Fla. Dist. Ct. App. 2004)

. . . currently in custody who have been convicted of a sexually violent offense.’ ” Id. at 173 (quoting § 394.925 . . .

STATE v. MITCHELL,, 866 So. 2d 776 (Fla. Dist. Ct. App. 2004)

. . . He argued that a strict construction of section 394.925, Florida Statutes, allowed commitment of only . . .

TABOR, v. STATE, 864 So. 2d 1171 (Fla. Dist. Ct. App. 2004)

. . . Section 394.925, Florida Statutes (2000) provides: Applicability of act. . . . Appellant argues that section 394.925, which makes the • act applicable to those “currently in custody . . .

GORDON, v. REGIER,, 839 So. 2d 715 (Fla. Dist. Ct. App. 2003)

. . . Section 394.925 is entitled “Applicability of act” and states: “This part applies to all persons currently . . . Thus, section 394.925 contemplates that, in order for the Act to apply, the person must be in custody . . . Accordingly, we hold that section 394.925, which states that the Act applies to all persons “currently . . . See § 394.925. . . . . Atkinson, 831 So.2d 172 (Fla.2002), our supreme court held that the custody requirement imposed by section 394.925 . . .

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

. . . Section 394.925, Florida Statutes (2001), provides in pertinent part that the Ryce Act “applies to all . . . It would be contrary to the basic tenets of fairness and due process if we were to interpret section 394.925 . . . Section 916.45, the predecessor statute addressed by the district court below, now appears at section 394.925 . . . I do not agree with the majority’s interpretation of the “in custody” requirement in section 394.925. . . . The custody requirement in section 394.925 falls outside the categories of subject matter and personal . . . Thus, I would interpret section 394.925 as only requiring actual custody on the date the Act took effect . . . guarantees, I would interpret the qualifying sexually violent offense conviction requirement in section 394.925 . . .

W. ROBERTI, v. STATE, 782 So. 2d 919 (Fla. Dist. Ct. App. 2001)

. . . See § 394.925, Fla. Stat. (2000). . . .

STATE v. SIDDAL,, 772 So. 2d 555 (Fla. Dist. Ct. App. 2000)

. . . Section 916.45 was renumbered as 394.925 and amended by Laws of Florida 1999, chapter 99-222, section . . .