Florida Statute 394.926 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

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394.926 Notice to victims and others of release of persons in the custody of the department.—

(1) As soon as is practicable, the department shall give written notice of the release of a person in the custody of the department to any victim of the person who is alive and whose address is known to the department or, if the victim is deceased, to the victim’s family, if the family’s address is known to the department. Failure to notify is not a reason for postponement of release. This section does not create a cause of action against the state or an employee of the state acting within the scope of the employee’s employment as a result of the failure to notify pursuant to this part.

(2) If a person in the custody of the department who has an active or pending term of probation, community control, parole, conditional release, or other court-ordered or postprison release supervision is released, the department must immediately notify the Department of Corrections’ Office of Community Corrections in Tallahassee. The Florida Commission on Offender Review must also be immediately notified of any releases of a person who has an active or pending term of parole, conditional release, or other postprison release supervision that is administered by the Florida Commission on Offender Review.

(3) If a person in the custody of the department is released, the department must notify the Department of Law Enforcement and the sheriff of the county in which the person intends to reside, or if unknown, the sheriff of the county in which the person was last convicted.

(4)(a) The department, in conjunction with the Department of Law Enforcement, shall enroll and maintain a sexually violent offender in the arrest notification program through the Florida Criminal Justice Network maintained by the Department of Law Enforcement upon such offender’s release from the department’s custody. Upon receiving an alert that a sexually violent offender has been arrested for a criminal offense subsequent to his or her release, the department must immediately notify the state attorney of the circuit in which the arrest occurred.

(b) As used in this subsection, the term “sexually violent offender” means a person who has been committed to the department as a sexually violent predator or who has been in the department’s custody based upon a court finding of probable cause to believe the person is a sexually violent predator.

History.—s. 18, ch. 98-64; s. 21, ch. 99-222; s. 7, ch. 2014-2; s. 10, ch. 2014-191.

Note.—Former s. 916.46.

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Amendments to 394.926

Annotations, Discussions, Cases:

Cases Citing Statute 394.926

Total Results: 2 | Sort by: Relevance | Newest First

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Charles Michael Phillips v. State of Florida, 178 So. 3d 468 (Fla. 4th DCA 2015).

Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 15634, 2015 WL 6160697

sentenced to total confinement in the future.” § 394.926, Fla, Stat. (2004). Thus, it is not required that

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Parole Com'n v. Smith, 896 So. 2d 966 (Fla. 2d DCA 2005).

Published | Florida 2nd District Court of Appeal | 2005 WL 734983

...In relation to the Release Act, the Ryce Act states that the Parole Commission must "be immediately notified of any releases of a sexually violent predator who has an active or pending term of parole, conditional release, or other postprison release supervision that is administered by the Parole Commission." § 394.926(2) (emphasis added)....

...Act. Reading the pertinent statutes together, we conclude that a Ryce Act detainee may be on conditional release during the civil commitment period. The Ryce Act was enacted in 1998, [3] subsequent to the Release Act, which was enacted in 1988. [4] Section 394.926(2) of the Ryce Act recognizes that a detainee may be subject to an active term of conditional release, and the Ryce Act does not prohibit the Parole Commission from subjecting a detainee to the provisions of the Release Act....

...re civilly committed under the Ryce Act, it did not do so. In fact, it appears that the legislature specifically recognized that a person may be on active conditional release supervision while detained under the Ryce Act by virtue of the language in section 394.926(2) that the Department of Children and Family Services must notify the Parole Commission of the release of a detainee who has an active term of conditional release....

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