Florida Statutes

Fla. Stat. § 394.925 (2025)

Applicability of act.

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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.

Notes of Decisions

Cited in 20 cases, 2001–2014 · leading case: State v. Atkinson, 831 So. 2d 172 (Fla. 2002).

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State v. Atkinson, 831 So. 2d 172 (Fla. 2002). · cites it 8× “Section 394.925, Florida Statutes (2001), [3] provides in pertinent part that the Ryce Act "applies to all persons currently in custody who have been convicted of a sexually violent offense.”

Ward v. State, 936 So. 2d 1143 (Fla. 3d DCA 2006). · cites it 14× “§ 394.925, Fla. Stat. (1999). [3] Grammatically speaking, it is clear that this section of the Ryce Act consists of two *1145 independently acting clauses.”

Barber v. State, 988 So. 2d 1170 (Fla. 4th DCA 2008). · cites it 19× “§ 394.925, Fla. Stat. (2008). There are thus two classes of persons subject to involuntary commitment as provided for in the Act: (1) those who have been convicted of a sexually violent offense and who were "in custody" on January 1, 1999 (Clause One) and (2) those who have been…”

Ward v. State, 986 So. 2d 479 (Fla. 2008). · cites it 8× “(codified at § 394.925, Fla. Stat. (1999)). As defined in the Act, "total confinement" means that the person is currently being held in a secure facility operated by the Department of Corrections (DOC), the Department of Juvenile Justice (DJJ), or the Department of Children and…”

Gordon v. Regier, 839 So. 2d 715 (Fla. 2d DCA 2003). · cites it 6× “2002), our supreme court held that the custody requirement imposed by section 394.925, Florida Statutes (2001), must be read to require that the custody was lawful.”

Tanguay v. State, 880 So. 2d 533 (Fla. 2004). · cites it 6× “In that case, the district court construed section 394.925, Florida Statutes (1999), [2] which was formerly section 916.”

Johnson v. State, 971 So. 2d 212 (Fla. 4th DCA 2008). · cites it 4× “925, Florida Statutes, provides: "[Involuntary Civil Commitment of Sexually Violent Predators] 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), [2] as well as to all persons convicted of…”

Hale v. State, 891 So. 2d 517 (Fla. 2004). · cites it 2× “The meaning of "Custody" for Purposes of the Ryce Act Hale next argues, citing section 394.925, Florida Statutes (1999), that the Ryce Act does not apply to him because when the civil commitment petition was filed he was not in custody for a sexually violent offense.”

State v. Phillips, 119 So. 3d 1233 (Fla. 2013). · cites it 4× “” § 394.925, Fla. Stat. (2005) (emphasis added).”

Tabor v. State, 864 So. 2d 1171 (Fla. 4th DCA 2004). · cites it 3× “Section 394.925, Florida Statutes (2000) provides: Applicability of act.”

Roberti v. State, 782 So. 2d 919 (Fla. 2d DCA 2001). · cites it 2× “Roberti alleges that counsel told him that he would not be subject to the Involuntary Commitment of Sexually Violent Predators Act [1] because the court had agreed that the probationary portion of his sentence could be served out of state. This is an incorrect statement of the…”

Larimore v. State, 917 So. 2d 354 (Fla. 1st DCA 2005). · cites it 2× “The Second District held that section 394.925, which states that the Act applies to all persons "currently in custody" or "sentenced to total confinement in the future," in conjunction with the other provisions in the Act, provides that involuntary civil commitment proceedings…”

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— 394.925(11) — 1 case

Barber v. State, 988 So. 2d 1170 (Fla. 4th DCA 2008). “§ 394.925, Fla. Stat. (2008). There are thus two classes of persons subject to involuntary commitment as provided for in the Act: (1) those who have been convicted of a sexually violent offense and who were "in custody" on January 1, 1999 (Clause One) and (2) those who have been…”

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