Florida Statute 794.0235 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 794
SEXUAL BATTERY

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F.S. 794.0235

794.0235 Administration of medroxyprogesterone acetate (MPA) to persons convicted of sexual battery.—

(1) Notwithstanding any other law, the court:

(a) May sentence a defendant to be treated with medroxyprogesterone acetate (MPA), according to a schedule of administration monitored by the Department of Corrections, if the defendant is convicted of sexual battery as described in s. 794.011.

(b) Shall sentence a defendant to be treated with medroxyprogesterone acetate (MPA), according to a schedule of administration monitored by the Department of Corrections, if the defendant is convicted of sexual battery as described in s. 794.011 and the defendant has a prior conviction of sexual battery under s. 794.011.

If the court sentences a defendant to be treated with medroxyprogesterone acetate (MPA), the penalty may not be imposed in lieu of, or reduce, any other penalty prescribed under s. 794.011. However, in lieu of treatment with medroxyprogesterone acetate (MPA), the court may order the defendant to undergo physical castration upon written motion by the defendant providing the defendant’s intelligent, knowing, and voluntary consent to physical castration as an alternative penalty.

(2)(a) An order of the court sentencing a defendant to medroxyprogesterone acetate (MPA) treatment under subsection (1), shall be contingent upon a determination by a court appointed medical expert, that the defendant is an appropriate candidate for treatment. Such determination is to be made not later than 60 days from the imposition of sentence. Notwithstanding the statutory maximum periods of incarceration as provided in s. 775.082, an order of the court sentencing a defendant to medroxyprogesterone acetate (MPA) treatment shall specify the duration of treatment for a specific term of years, or in the discretion of the court, up to the life of the defendant.

(b) In all cases involving defendants sentenced to a period of incarceration, the administration of treatment with medroxyprogesterone acetate (MPA) shall commence not later than one week prior to the defendant’s release from prison or other institution.

(3) The Department of Corrections shall provide the services necessary to administer medroxyprogesterone acetate (MPA) treatment. Nothing contained in this section shall be construed to require the continued administration of medroxyprogesterone acetate (MPA) treatment when it is not medically appropriate.

(4) As used in this section, the term “prior conviction” means a conviction for which sentence was imposed separately prior to the imposition of the sentence for the current offense and which was sentenced separately from any other conviction that is to be counted as a prior conviction under this section.

(5) If a defendant whom the court has sentenced to be treated with medroxyprogesterone acetate (MPA) fails or refuses to:

(a) Appear as required by the Department of Corrections for purposes of administering the medroxyprogesterone acetate (MPA); or

(b) Allow the administration of medroxyprogesterone acetate (MPA),

the defendant is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 1, ch. 97-184.

F.S. 794.0235 on Google Scholar

F.S. 794.0235 on Casetext

Amendments to 794.0235

Arrestable Offenses / Crimes under Fla. Stat. 794.0235

Level: Degree
Misdemeanor/Felony: First/Second/Third

S794.0235 5a - FAILURE TO APPEAR - FAIL TO APPEAR FOR MPA (CASTRATION TREATMENT) - F: S

S794.0235 5b - CONTEMPT OF COURT - FAIL TO ALLOW MPA (CASTRATION TREATMENT) - F: S

Annotations, Discussions, Cases:

Cases Citing Statute 794.0235

Total Results: 13

Woods v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-02-10T23:53:00-08:00

Citation: 977 So. 2d 635

Snippet: portion of his sentence imposed pursuant to section 794.0235, Florida Statutes, by filing a motion for relief

Miller v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-12-27T23:53:00-08:00

Citation: 971 So. 2d 951

Snippet: parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 796.035; s. 800.04; s. 825.1025

Tran v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-09-05T00:53:00-07:00

Citation: 965 So. 2d 226

Snippet: administration of MPA to Tran pursuant to section 794.0235, Florida Statutes. MPA is a drug which produces…challenges to the constitutionality of section 794.0235 and to the procedures used to determine the imposition…violation of double jeopardy. We thus reverse. Section 794.0235, Florida Statutes, entitled "Administration…as part of a criminal sentence. Indeed, section 794.0235 is placed within Florida's criminal code, …court, up to the life of the defendant." § 794.0235(2)(a), Fla. Stat.; see also Jackson v. State,

Boone v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-07-24T00:53:00-07:00

Citation: 933 So. 2d 1252

Snippet: at some undetermined time pursuant to section 794.0235, Florida Statutes (2004). Appellant appeals his…s classification as a sexual predator. Section 794.0235(1), Florida Statutes (2004), authorizes the trial… 697 (Fla. 4th DCA 2005) (holding that section 794.0235 directive that defendant receive medical examination…to comply with mandatory provisions of section 794.0235 relating to appointment of medical expert and

Department of Corrections v. Cosme

Court: Fla. Dist. Ct. App. | Date Filed: 2006-01-12T23:53:00-08:00

Citation: 917 So. 2d 1049

Snippet: sentencing. The applicable statute is section 794.0235(1)(a), Florida Statutes (2005), which authorizes…defendant's release from prison." See § 794.0235(2)(a) and (b), Fla. Stat. (2005). The DOC must…necessary to administer the MPA treatment. See § 794.0235(3), Fla. Stat. (2005). The two orders were entered…appears that the DOC correctly interprets section 794.0235(2)(a), Florida Statutes (2005). The statute specifically…opinion is limited to our conclusion that section 794.0235 does not impose the duty on DOC. The State suggests

Jackson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-08-03T00:53:00-07:00

Citation: 907 So. 2d 696

Snippet: chemically castrated," *697 pursuant to section 794.0235, Florida Statutes (2000).[1] As a consequence,…object to Jackson's sentencing under section 794.0235, Florida Statutes, arguing that this statute required…imposition of his sentence, as mandated by section 794.0235. We agree and reverse. The standard of review …incongruity in the statute. For example, in section 794.0235(2)(b), the statute speaks to cases involving defendants… days from the imposition of sentence." § 794.0235(2)(a), Fla. Stat. Had the legislature intended

State v. Bouchillon

Court: Fla. Dist. Ct. App. | Date Filed: 2004-08-11T00:53:00-07:00

Citation: 882 So. 2d 412

Snippet: parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 825.1025(2)(b); s. 827.071

Houston v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-08-22T00:53:00-07:00

Citation: 852 So. 2d 425

Snippet: ever released from prison, pursuant to section 794.0235, Florida Statutes (2000). Houston attacks his …Houston attacks the constitutionality of section 794.0235. We affirm the judgment and sentence in all respects…collateral crime evidence. APPLICABILITY OF SECTION 794.0235 Prior to his sentencing, Houston filed a motion…seeking to have the trial *428 court declare section 794.0235, Florida Statutes (2000), concerning chemical …the imposition of the MPA requirement. Section 794.0235(2)(a) requires that an order sentencing a defendant

Walker v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-08-08T00:00:00-07:00

Citation: 851 So. 2d 863, 2003 Fla. App. LEXIS 11788, 2003 WL 21820274

Snippet: parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 825.1025(2)(b); s. 827.071

Johnson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-04-08T00:53:00-07:00

Citation: 842 So. 2d 228

Snippet: parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071

Bruno v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-02-05T23:53:00-08:00

Citation: 837 So. 2d 521

Snippet: 800.04, Florida Statutes (1997). While section 794.0235(1), Florida Statutes (1997), purported to authorize…501 (Fla.1986)."). Because neither section 794.0235(1), Florida Statutes (1997), nor any other provision…HAWKES, J., concur. NOTES [1] Then as now, section 794.0235 provides: (1) Notwithstanding any other law,

Raines v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-12-11T23:53:00-08:00

Citation: 805 So. 2d 999

Snippet: parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071

Ago

Court: Fla. Att'y Gen. | Date Filed: 2001-04-04T00:53:00-07:00

Snippet: parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s. 796.03; s.800.04; s. 825.1025; s. 827.071;