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Florida Statute 794.0235 | Lawyer Caselaw & Research
F.S. 794.0235 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 794
SEXUAL BATTERY
View Entire Chapter
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 from cite.case.law:

PATTERSON, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 812 F.3d 885 (11th Cir. 2016)

. . . . § 794.0235. According to Mr. . . . Stat. § 794.0235(2)(b) (“In all cases involving defendants sentenced to a period of incarceration, the . . .

D. MILLER, v. STATE, 971 So. 2d 951 (Fla. Dist. Ct. App. 2007)

. . . is a minor and the defendant is not the victim’s parent; chapter 794, excluding ss. 794.011(10) and 794.0235 . . .

TRAN, v. STATE, 965 So. 2d 226 (Fla. Dist. Ct. App. 2007)

. . . hearing the trial court considered whether to order the administration of MPA to Tran pursuant to section 794.0235 . . . Although Tran raises multiple challenges to the constitutionality of section 794.0235 and to the procedures . . . Section 794.0235, Florida Statutes, entitled “Administration of medroxyprogester-one acetate (MPA) to . . . Indeed, section 794.0235 is placed within Florida’s criminal code, rather than under Florida’s public . . . for a specific term of years, or in the discretion of the court, up to the life of the defendant.” § 794.0235 . . .

BOONE, v. STATE, 933 So. 2d 1252 (Fla. Dist. Ct. App. 2006)

. . . , informally known as “chemical castration,” to occur at some undetermined time pursuant to section 794.0235 . . . Section 794.0235(1), Florida Statutes (2004), authorizes the trial court to sentence a defendant to MPA . . . State, 907 So.2d 696, 697 (Fla. 4th DCA 2005) (holding that section 794.0235 directive that defendant . . . sentence requiring MPA treatment, where trial court failed to comply with mandatory provisions of section 794.0235 . . .

DEPARTMENT OF CORRECTIONS, v. COSME,, 917 So. 2d 1049 (Fla. Dist. Ct. App. 2006)

. . . The applicable statute is section 794.0235(l)(a), Florida Statutes (2005), which authorizes a trial court . . . See § 794.0235(2)(a) and (b), Fla. Stat. (2005). . . . See § 794.0235(3), Fla. Stat. (2005). . . . It appears that the DOC correctly interprets section 794.0235(2)(a), Florida Statutes (2005). . . . Our opinion is limited to our conclusion that section 794.0235 does not impose the duty on DOC. . . .

JACKSON, v. STATE, 907 So. 2d 696 (Fla. Dist. Ct. App. 2005)

. . . Subsequently, the state moved to have Jackson “chemically castrated,” pursuant to section 794.0235, Florida . . . However, defense counsel did object to Jackson’s sentencing under section 794.0235, Florida Statutes, . . . For example, in section 794.0235(2)(b), the statute speaks to cases involving defendants who are sentenced . . . that “[s]ueh determination is to be made not later than 60 days from the imposition of sentence.” § 794.0235 . . . the 60-day period to be a nullity- We also note that the trial court failed to comply with section 794.0235 . . .

STATE v. BOUCHILLON,, 882 So. 2d 412 (Fla. Dist. Ct. App. 2004)

. . . is a minor and the defendant is not the victim’s parent; chapter 794, excluding ss. 794.011(10) and 794.0235 . . .

HOUSTON, v. STATE, 852 So. 2d 425 (Fla. Dist. Ct. App. 2003)

. . . Second, Houston attacks the constitutionality of section 794.0235. . . . APPLICABILITY OF SECTION 794.0235 Prior to his sentencing, Houston filed a motion seeking to have the . . . trial court declare section 794.0235, Florida Statutes (2000), concerning chemical castration, to be . . . Section 794.0235(2)(a) requires that an order sentencing a defendant to MPA treatment shall be: ... contingent . . . In view of the mootness of the issue, we offer no opinion on the constitutionality of section 794.0235 . . .

WALKER, v. STATE, 851 So. 2d 863 (Fla. Dist. Ct. App. 2003)

. . . is a minor and the defendant is not the victim’s parent; chapter 794, excluding ss. 794.011(10) and 794.0235 . . .

JOHNSON, v. STATE, 842 So. 2d 228 (Fla. Dist. Ct. App. 2003)

. . . is a minor and the defendant is not the victim’s parent; chapter 794, excluding ss. 794.011(10) and 794.0235 . . .

J. BRUNO, v. STATE, 837 So. 2d 521 (Fla. Dist. Ct. App. 2003)

. . . While section 794.0235(1), Florida Statutes (1997), purported to authorize sentencing a defendant to . . . Because neither section 794.0235(1), Florida Statutes (1997), nor any other provision of Florida law . . . Then as now, section 794.0235 provides: (1) Notwithstanding any other law, the court: (a) May sentence . . .

RAINES, v. STATE, 805 So. 2d 999 (Fla. Dist. Ct. App. 2001)

. . . is a minor and the defendant is not the victim's parent; chapter 794, excluding ss. 794.011(10) and 794.0235 . . .