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Florida Statute 394.927 - Full Text and Legal Analysis Florida Statute 394.927 | Lawyer Caselaw & Research
Fla. Stat. § 394.927 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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

Cases Citing F.S. 394.927

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·United States v. Wright, 607 F.3d 708 (11th Cir. 2010).

Cited 204 times | Published | Court of Appeals for the Eleventh Circuit | 2010 WL 2089257

...Both are conditional forms of release subject to revocation. See Fla. Stat. § 948.06. Florida law lumps 9 together “probation, community control, parole, [and] conditional release” as “postprision release supervision.” See Fla. Stat. § 394.927(2). However, state law merely informs our analysis of what is, ultimately, a federal issue....
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Abrogated(citing case) (2025)
phrase: "abrogated by"
Overruled(citing case) (2025)
phrase: "overruled by"
Abrogated(citing case) (2025)
phrase: "abrogated by"
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·State v. Phillips, 119 So. 3d 1233 (Fla. 2013).

Cited 2 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 211, 2013 Fla. LEXIS 567, 2013 WL 1338042

...it acts of sexual violence if discharged”); § 394.920, Fla. Stat. (2005) (governing petitions for release). ."Lawful custody” is expressed once in the Act, referring to an individual's status for the crime of escape or attempting to escape. See § 394.927(1), Fla....
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Cited as authorityGering (2018)
phrase: "rule_authority"
Cited as authority(citing case) (2016)
phrase: "rule_authority"
Cited as authorityInsko (2015)
phrase: "rule_authority"
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·State v. Burkhart, 869 So. 2d 1242 (Fla. 4th DCA 2004).

Cited 2 times | Published | Florida 4th District Court of Appeal | 2004 WL 626051

...The two men admitted dropping two pistols in the canal. Two 9 mm pistols and three magazines were found in the canal, fully loaded with 30 rounds of ammunition. The amended information charged Burkhart as a principal with Escape While in Lawful Custody under Florida Statutes, section 394.927, and Grand Theft of the helicopter....
...but, rather, are considered long-term treatment facilities. See Garner v. State, 839 So.2d 924, 926 (Fla. 4th DCA 2003). To cover escapes or attempted escapes from such facilities, the legislature created a special escape statute within Chapter 394. 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. 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.... Burkhart was charged with escape under section 394.927....
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Cited as authorityHarrell (2011)
phrase: "rule_authority"
Cited as authorityOrtiz (2004)
phrase: "rule_authority"
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Whitsett v. State, 913 So. 2d 1208 (Fla. 4th DCA 2005).

Published | Florida 4th District Court of Appeal | 2005 WL 2654367

...Charles J. Crist, Jr., Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee. WARNER, J. 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....
...ithin the act's provisions, a petition may be filed to civilly commit the individual. Prior to a full trial, the court may determine that probable cause has been established to permit pretrial commitment of the individual. Section 22 of the act, now section 394.927(1), provides: A person who is held in lawful custody pursuant to a judicial finding of probable cause under s....

This Florida statute resource is curated by this site's author, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.