Florida Statutes

Fla. Stat. § 394.927 (2025)

Escape while in lawful custody; notice to victim; notice to the Department of Corrections and Florida Commission on Offender Review.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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394.927 Escape while in lawful custody; notice to victim; notice to the Department of Corrections and Florida Commission on Offender Review.—

(1) A person who is held in lawful custody pursuant to a judicial finding of probable cause under s. 394.915 or pursuant to a commitment as a sexually violent predator under s. 394.916 and who escapes or attempts to escape while in such custody commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) If a person who is held in custody pursuant to a finding of probable cause or commitment as a sexually violent predator escapes while in custody, the department shall immediately notify the victim in accordance with s. 394.926. The state attorney that filed the petition for civil commitment of the escapee must also be immediately notified by the department. If the escapee has an active or pending term of probation, community control, parole, conditional release, or other court-ordered or postprison release supervision, the department shall also immediately notify the Department of Corrections’ Office of Community Corrections in Tallahassee. The Florida Commission on Offender Review shall also be immediately notified of an escape if the escapee 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.

History.—s. 19, ch. 98-64; s. 22, ch. 99-222; s. 11, ch. 2014-191.

Note.—Former s. 916.47.

Arrestable Offenses under F.S. 394.927

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§394.927(1)ESCAPEVIOLENT SEX PRED ATTEMPT/ESCAPES FROM CUSTODYF · 2nd

§394.927ESCAPEVIOLENT SEX PRED ATTEMPT/ESCAPES FROM CUSTODYF · 2nd

Notes of Decisions

Cited in 7 cases, 2004–2013 · leading case: United States v. Wright, 607 F.3d 708 (11th Cir. 2010).

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United States v. Wright, 607 F.3d 708 (11th Cir. 2010). · cites it 2× “" See Fla. Stat. § 394.927 (2). *714 However, state law merely informs our analysis of what is, ultimately, a federal issue.”

In Re Commitment of Fisher, 164 S.W.3d 637 (Tex. 2005). “, Fla. Stat. § 394.927 (1) (creating second-degree felony for escape or attempted escape from civil commitment confinement); Iowa Code § 229A.”

State v. Burkhart, 869 So. 2d 1242 (Fla. 4th DCA 2004). · cites it 4× “Section 394.927, Florida Statutes, effective January 1, 1999, provides in pertinent part: (1) A person who is held in lawful custody pursuant to a judicial finding of probable cause under s.”

State v. Phillips, 119 So. 3d 1233 (Fla. 2013). · cites it 2× “See § 394.927(1), Fla. Stat. (2005). . The term “total confinement” appears in both commitment procedures, sections 394.”

In Re Det. of Bradford, 712 N.W.2d 144 (Iowa 2006). “Although the specific issue raised here has apparently not been adjudicated in other states, many states have criminalized escape by sexually violent predators, yet their courts have held their sexually violent predator laws to be civil in nature.”

Whitsett v. State, 913 So. 2d 1208 (Fla. 4th DCA 2005). · cites it 3× “Steven Whitsett appeals his conviction of armed escape from a civil commitment facility pursuant to section 394.927, Florida Statutes (2000), and his resulting twenty-year sentence.”

In Re Det. Of Willie Bradford (Iowa 2006). “Although the specific issue raised here has apparently not been adjudicated in other states, many states have criminalized escape by sexually violent predators, yet their courts have held their sexually violent predator laws to be civil in nature.”

— 394.927(1) — 2 cases

State v. Phillips, 119 So. 3d 1233 (Fla. 2013). “See § 394.927(1), Fla. Stat. (2005). . The term “total confinement” appears in both commitment procedures, sections 394.”

Whitsett v. State, 913 So. 2d 1208 (Fla. 4th DCA 2005). “Steven Whitsett appeals his conviction of armed escape from a civil commitment facility pursuant to section 394.927, Florida Statutes (2000), and his resulting twenty-year sentence.”

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