Florida Statutes
Fla. Stat. § 394.930 (2025)
Authority to adopt rules.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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394.930 Authority to adopt rules.—The Department of Children and Families shall adopt rules for:
(1) Procedures that must be followed by members of the multidisciplinary teams when assessing and evaluating persons subject to this part;
(2) Education and training requirements for members of the multidisciplinary teams and professionals who assess and evaluate persons under this part;
(3) The criteria that must exist in order for a multidisciplinary team to recommend to a state attorney that a petition should be filed to involuntarily commit a person under this part. The criteria shall include, but are not limited to, whether:
(a) The person has a propensity to engage in future acts of sexual violence;
(b) The person should be placed in a secure, residential facility; and
(c) The person needs long-term treatment and care.
(4) The designation of secure facilities for sexually violent predators who are subject to involuntary commitment under this part;
(5) The components of the basic treatment plan for all committed persons under this part;
(6) The protocol to inform a person that he or she is being examined to determine whether he or she is a sexually violent predator under this part.
Notes of Decisions
Cited in 7
cases (2 in the last 5 years), 2001–2023 · leading case: In Re Commitment of Rodgers, 875 So. 2d 737 (Fla. 2d DCA 2004).
In Re Commitment of Rodgers, 875 So. 2d 737 (Fla. 2d DCA 2004). “Rodgers argues that the Ryce Act, on its face and as applied, violates equal protection because the State failed to create administrative rules to implement the Act as required by section 394.930, Florida Statutes (2000), before Rodgers' trial took place in January 2001.”
In Re Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators, 13 So. 3d 1025 (Fla. 2009). “(b) No rule adopted by the Department of Children and Family Services pursuant to section 394.930, Florida Statutes, as amended, shall constitute (1) an evidentia-ry predicate for the admission of any testimony of physical evidence; (2) a basis for excluding or limiting the…”
State, Dep't of Child. & Families v. Jackson, 790 So. 2d 535 (Fla. 2d DCA 2001). “Although section 394.930(4) authorizes DCF to adopt rules for the designation of secure facilities and such rules potentially could provide a viable avenue for administrative review of whether a particular facility is an "appropriate secure facility" within the meaning of the…”
In Re: Amendments to Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators (Fla. 2023). “No rule adopted by the Department of Children and Family Services pursuant to section 394.930, Florida Statutes, as amended, shall constitutes (1) an evidentiary predicate for the admission of any testimony of physical evidence; (2) a basis for excluding or limiting the…”
In Re: Amendments to Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators (Fla. 2023). “No rule adopted by the Department of Children and Family Services pursuant to section 394.930, Florida Statutes, as amended, shall constitutes (1) an evidentiary predicate for the admission of any testimony of physical evidence; (2) a basis for excluding or limiting the…”
Milner v. State, 50 So. 3d 711 (Fla. 4th DCA 2010). “Moreover, the specific authority for the code provision is section 394.930, Florida Statutes. Section 394.”
Myers v. Florida Civil Commitment Ctr., 953 So. 2d 726 (Fla. 1st DCA 2007). “1st DCA 1984) (explaining that individual facilities acting under agency guidance are not themselves “agencies” for purposes of the Administrative Procedure Act); see also § 394.930, Fla. Stat. (2005) (granting the Department of Children and Families sole authority to adopt…”
— 394.930(4) — 1 case
State, Dep't of Child. & Families v. Jackson, 790 So. 2d 535 (Fla. 2d DCA 2001). “Although section 394.930(4) authorizes DCF to adopt rules for the designation of secure facilities and such rules potentially could provide a viable avenue for administrative review of whether a particular facility is an "appropriate secure facility" within the meaning of the…”
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