Florida Statute 794.235 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 794.0235

Annotations, Discussions, Cases:

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

Cases Citing Statute 794.0235

Total Results: 9

Houston v. State

852 So. 2d 425, 2003 WL 21990412

District Court of Appeal of Florida | Filed: Aug 22, 2003 | Docket: 1711005

Cited 10 times | Published

if ever released from prison, pursuant to section 794.0235, Florida Statutes (2000). Houston attacks

Bruno v. State

837 So. 2d 521, 28 Fla. L. Weekly Fed. D 422

District Court of Appeal of Florida | Filed: Feb 6, 2003 | Docket: 537894

Cited 9 times | Published

section 800.04, Florida Statutes (1997). While section 794.0235(1), Florida Statutes (1997), purported to

Tran v. State

965 So. 2d 226, 2007 WL 2480529

District Court of Appeal of Florida | Filed: Sep 5, 2007 | Docket: 1509036

Cited 7 times | Published

administration of MPA to Tran pursuant to section 794.0235, Florida Statutes. MPA is a drug which produces

Jackson v. State

907 So. 2d 696, 2005 WL 1812800

District Court of Appeal of Florida | Filed: Aug 3, 2005 | Docket: 1513045

Cited 3 times | Published

Jackson "chemically castrated," *697 pursuant to section 794.0235, Florida Statutes (2000).[1] As a consequence

Ace Patterson v. Secretary, Florida Department of Corrections

812 F.3d 885, 2016 U.S. App. LEXIS 1515, 2016 WL 370660

Court of Appeals for the Eleventh Circuit | Filed: Jan 29, 2016 | Docket: 3032483

Published

of the chemical castration statute, Fla. Stat. § 794.0235. According to Mr. Patterson, the trial court

Ace Patterson v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Jan 29, 2016 | Docket: 3032889

Published

of the chemical castration statute, Fla. Stat. § 794.0235. According

Woods v. State

977 So. 2d 635, 2008 WL 351154

District Court of Appeal of Florida | Filed: Feb 11, 2008 | Docket: 2556100

Published

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

Boone v. State

933 So. 2d 1252, 2006 WL 2040260

District Court of Appeal of Florida | Filed: Jul 24, 2006 | Docket: 1309300

Published

occur at some undetermined time pursuant to section 794.0235, Florida Statutes (2004). Appellant appeals

Department of Corrections v. Cosme

917 So. 2d 1049, 2006 WL 64435

District Court of Appeal of Florida | Filed: Jan 13, 2006 | Docket: 1509422

Published

following sentencing. The applicable statute is section 794.0235(1)(a), Florida Statutes (2005), which authorizes