reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part IV - Community Substance Abuse and Mental Health Services (Ss. 394.65-394.9087) › 394.659 - Criminal Justice, Mental Health, and Substance Abuse Technical Assistance Center.

394.659 Criminal Justice, Mental Health, and Substance Abuse Technical Assistance Center.—
(1) There is created a Criminal Justice, Mental Health, and Substance Abuse Technical Assistance Center at the Louis de la Parte Florida Mental Health Institute at the University of South Florida, which shall:
(a) Provide technical assistance to counties in preparing a grant application.
(b) Assist an applicant county in projecting the effect of the proposed intervention on the population of the county detention facility.
(c) Assist an applicant county in monitoring the effect of a grant award on the criminal justice system in the county.
(d) Disseminate and share evidence-based practices and best practices among grantees.
(e) Act as a clearinghouse for information and resources related to criminal justice, juvenile justice, mental health, and substance abuse.
(f) Coordinate and organize the process of the state interagency justice, mental health, and substance abuse work group with the outcomes of the local grant projects for state and local policy and budget developments and system planning.
(2) The Criminal Justice, Mental Health, and Substance Abuse Technical Assistance Center shall submit an annual report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by January 1 of each year. The report must include:
(a) A detailed description of the progress made by each grantee in meeting the goals described in the application;
(b) A description of the effect the grant-funded initiatives have had on meeting the needs of adults and juveniles who have a mental illness, substance abuse disorder, or co-occurring mental health and substance abuse disorders, thereby reducing the number of forensic commitments to state mental health treatment facilities;
(c) A summary of the effect of the grant program on the growth and expenditures of the jail, juvenile detention center, and prison;
(d) A summary of the initiative’s effect on the availability and accessibility of effective community-based mental health and substance abuse treatment services for adults and juveniles who have a mental illness, substance abuse disorder, or co-occurring mental health and substance abuse disorders. The summary must describe how the expanded community diversion alternatives have reduced incarceration and commitments to state mental health treatment facilities; and
(e) A summary of how the local matching funds provided by the county or consortium of counties leveraged additional funding to further the goals of the grant program.
History.—s. 4, ch. 2007-200; s. 6, ch. 2010-159.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part IV - Community Substance Abuse and Mental Health Services (Ss. 394.65-394.9087) › 394.6591 - Administrative costs and number of grants awarded.

394.6591 Administrative costs and number of grants awarded.—
(1) The administrative costs for each applicant county or consortium of counties may not exceed 10 percent of the total funding received for any grant.
(2) The number of grants awarded shall be based on funding appropriated for that purpose.
History.—s. 5, ch. 2007-200.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part IV - Community Substance Abuse and Mental Health Services (Ss. 394.65-394.9087) › 394.676 - Indigent psychiatric medication program.

394.676 Indigent psychiatric medication program.—
(1) Within legislative appropriations, the department may establish the indigent psychiatric medication program to purchase psychiatric medications for persons as defined in s. 394.492(5) or (6) or pursuant to s. 394.674(1), who do not reside in a state mental health treatment facility or an inpatient unit.
(2) The department must adopt rules to administer the indigent psychiatric medication program. The rules must prescribe the clinical and financial eligibility of clients who may receive services under the indigent psychiatric medication program, the requirements that community-based mental health providers must meet to participate in the program, and the sanctions to be applied for failure to meet those requirements.
(3) To the extent possible within existing appropriations, the department must ensure that non-Medicaid-eligible indigent individuals discharged from mental health treatment facilities continue to receive the medications which effectively stabilized their mental illness in the treatment facility, or newer medications, without substitution by a service provider unless such substitution is clinically indicated as determined by the licensed physician responsible for such individual’s psychiatric care.
History.—s. 9, ch. 2000-349.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part IV - Community Substance Abuse and Mental Health Services (Ss. 394.65-394.9087) › 394.73 - Joint alcohol, drug abuse, and mental health service programs in two or more counties.

394.73 Joint alcohol, drug abuse, and mental health service programs in two or more counties.—
(1) Subject to rules established by the department, any county within a service district shall have the same power to contract for alcohol, drug abuse, and mental health services as the department has under existing statutes.
(2) In order to carry out the intent of this part and to provide alcohol, drug abuse, and mental health services in accordance with the district plan, the counties within a service district may enter into agreements with each other for the establishment of joint service programs. The agreements may provide for the joint provision or operation of services and facilities or for the provision or operation of services and facilities by one participating county under contract with other participating counties.
(3) When a service district comprises two or more counties or portions thereof, it is the obligation of the planning council to submit to the governing bodies, prior to the budget submission date of each governing body, an estimate of the proportionate share of costs of alcohol, drug abuse, and mental health services proposed to be borne by each such governing body.
(4) Any county desiring to withdraw from a joint program may submit to the district administrator a resolution requesting withdrawal therefrom together with a plan for the equitable adjustment and division of the assets, property, debts, and obligations, if any, of the joint program.
History.—s. 9, ch. 70-109; s. 1, ch. 70-439; s. 8, ch. 76-221; s. 15, ch. 84-285.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part IV - Community Substance Abuse and Mental Health Services (Ss. 394.65-394.9087) › 394.77 - Uniform management information, accounting, and reporting systems for providers.

394.77 Uniform management information, accounting, and reporting systems for providers.—The department shall establish, for the purposes of control of costs:
(1) A uniform management information system and fiscal accounting system for use by providers of community substance abuse and mental health services.
(2) A uniform reporting system with uniform definitions and reporting categories.
History.—s. 13, ch. 70-109; s. 1, ch. 70-439; s. 12, ch. 76-221; s. 6, ch. 82-223; s. 19, ch. 84-285; s. 14, ch. 2000-349.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part IV - Community Substance Abuse and Mental Health Services (Ss. 394.65-394.9087) › 394.78 - Operation and administration; personnel standards; procedures for audit and monitoring of service providers; resolution of disputes.

394.78 Operation and administration; personnel standards; procedures for audit and monitoring of service providers; resolution of disputes.—
(1)(a) The Department of Children and Families shall administer this part and shall adopt rules necessary for its administration. In addition to other rulemaking authority, the department may adopt financial rules relating to conflicts of interest; related party transactions; full disclosure of revenue funds and expenses; charts of accounts for state reporting; auditing; penalties for nonperformance; benefit packages; performance outcomes, including client satisfaction and functional assessments; nonpayment and suspended payments for failure to timely submit required client service reports; and client financial eligibility requirements.
(b) Rules of the department shall be adopted in accordance with the Administrative Procedure Act under chapter 120.
(2) The department shall, by rule, establish standards of education and experience for professional and technical personnel employed in substance abuse and mental health programs.
(3) The department shall establish, to the extent possible, a standardized auditing procedure for substance abuse and mental health service providers; and audits of service providers shall be conducted pursuant to such procedure and the applicable department rules. Such procedure shall be supplied to all current and prospective contractors and subcontractors prior to the signing of any contracts.
(4) The department shall monitor service providers for compliance with contracts and applicable state and federal regulations.
(5) The department shall, by rule, establish standards for contracting budgeting, methods of payment, and the accounting of patient fees that are earned on behalf of a specific client.
History.—s. 14, ch. 70-109; s. 1, ch. 70-439; s. 13, ch. 76-221; s. 4, ch. 77-372; s. 20, ch. 84-285; s. 4, ch. 98-152; s. 3, ch. 99-396; s. 15, ch. 2000-349; s. 5, ch. 2012-84; s. 99, ch. 2014-19.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part IV - Community Substance Abuse and Mental Health Services (Ss. 394.65-394.9087) › 394.80 - Authorization to appropriate funds.

394.80 Authorization to appropriate funds.—The several cities and counties of this state are authorized to appropriate funds to support all or any portion of the cost of services and construction not met through support by the state or federal governments.
History.—s. 16, ch. 70-109.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part IV - Community Substance Abuse and Mental Health Services (Ss. 394.65-394.9087) › 394.876 - Applications.

394.876 Applications.—
(1) In addition to the requirements of part II of chapter 408, any person desiring to be licensed under this chapter shall apply to the agency and the application must contain such information as the department and the agency find necessary to determine the ability of the applicant to carry out its responsibilities under this chapter.
(2) The applicant shall provide proof of liability insurance coverage in amounts set by the department and the agency by rule.
History.—ss. 3, 11, ch. 85-167; s. 4, ch. 91-429; s. 28, ch. 98-171; s. 30, ch. 2007-230.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part IV - Community Substance Abuse and Mental Health Services (Ss. 394.65-394.9087) › 394.877 - Fees.

394.877 Fees.—In accordance with s. 408.805, an applicant or licensee shall pay a fee for each license application submitted under this part, part II of chapter 408, and applicable rules. The amount of the fee shall be established by rule. Such fees shall be reasonably calculated to cover only the cost of regulation under this chapter.
History.—ss. 4, 11, ch. 85-167; s. 4, ch. 91-429; s. 29, ch. 98-171; s. 31, ch. 2007-230.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part IV - Community Substance Abuse and Mental Health Services (Ss. 394.65-394.9087) › 394.90 - Inspection; right of entry; records.

394.90 Inspection; right of entry; records.—
(1)(a) The agency, in accordance with s. 408.811, and the department may enter and inspect at any time a licensed facility to determine whether the facility is in compliance with this chapter, part II of chapter 408, and applicable rules.
(b) The department and the agency may enter and inspect any premises that it has probable cause to suspect may be operating as an unlicensed crisis stabilization unit or residential treatment facility; however, such entry and inspection shall be made only with the permission of the person in charge of such premises or pursuant to warrant.
(c) Any application for licensure under this chapter constitutes full permission for the department and the agency to enter and inspect the premises of the applicant or licensee at any time.
(2) For purposes of monitoring and investigation, the department and the Agency for Health Care Administration shall have access to the clinical records of any client of a licensee or designated facility, the provisions of s. 394.4615 to the contrary notwithstanding.
(3) The agency shall schedule periodic inspections of licensees so as to minimize the cost to the licensees and the disruption of the licensees’ programs. This subsection shall not be construed to limit the authority of the department and the agency to inspect the facilities of a licensee at any time.
(4) Each licensee shall maintain as public information, available to any person upon request, copies of all reports of inspections of the licensee filed with or issued by any governmental agency during the preceding 5-year period. The licensee shall furnish a copy of the most recent inspection report of the agency to any person upon payment of a reasonable charge for copying.
(5) The agency shall accept, in lieu of its own inspections for licensure, the survey or inspection of an accrediting organization, if the provider is accredited according to the provisions of s. 394.741 and the agency receives the report of the accrediting organization.
History.—ss. 7, 11, ch. 85-167; s. 4, ch. 91-429; s. 47, ch. 93-39; s. 28, ch. 96-169; s. 65, ch. 97-100; s. 32, ch. 98-171; s. 3, ch. 2001-171; s. 5, ch. 2001-191; s. 34, ch. 2007-230.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part IV - Community Substance Abuse and Mental Health Services (Ss. 394.65-394.9087) › 394.902 - Moratorium on admissions.

394.902 Moratorium on admissions.—In accordance with part II of chapter 408, the agency may impose a moratorium on elective admissions to a licensee or any program or portion of a licensed facility if the agency determines that any condition in the facility presents a threat to the public health or safety.
History.—ss. 8, 11, ch. 85-167; s. 4, ch. 91-429; s. 33, ch. 98-171; s. 35, ch. 2007-230.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part IV - Community Substance Abuse and Mental Health Services (Ss. 394.65-394.9087) › 394.908 - Substance abuse and mental health funding equity; distribution of appropriations.

394.908 Substance abuse and mental health funding equity; distribution of appropriations.—In recognition of the historical inequity in the funding of substance abuse and mental health services for the department’s districts and regions and to rectify this inequity and provide for equitable funding in the future throughout the state, the following funding process shall be used:
(1) Funding thresholds for substance abuse and mental health services in each of the current districts, statewide, shall be established based on the current number of individuals in need per district of substance abuse and mental health services, respectively.
(2) “Individuals in need” means those persons who fit the profile of the respective priority populations and require mental health or substance abuse services.
(3) Any additional funding beyond the 2005-2006 fiscal year base appropriation for alcohol, drug abuse, and mental health services shall be allocated to districts for substance abuse and mental health services based on:
(a) Epidemiological estimates of disabilities that apply to the respective priority populations.
(b) A pro rata share distribution that ensures districts below the statewide average funding level per individual in each priority population of “individuals in need” receive funding necessary to achieve equity.
(4) Priority populations for individuals in need shall be displayed for each district and distributed concurrently with the approved operating budget. The display by priority population shall show: The annual number of individuals served based on prior year actual numbers, the annual cost per individual served, and the estimated number of the total priority population for individuals in need.
(5) The annual cost per individual served shall be defined as the total actual funding for each priority population divided by the number of individuals served in the priority population for that year.
History.—s. 1, ch. 97-195; s. 16, ch. 2000-349; ss. 16, 53, ch. 2001-254; s. 3, ch. 2002-397; s. 28, ch. 2003-399; s. 8, ch. 2004-269; s. 11, ch. 2006-2; s. 2, ch. 2006-29; s. 3, ch. 2008-153; s. 12, ch. 2009-82; s. 4, ch. 2009-132; s. 13, ch. 2010-153; s. 6, ch. 2011-47; s. 8, ch. 2013-16.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.910 - Legislative findings and intent.

394.910 Legislative findings and intent.—The Legislature finds that a small but extremely dangerous number of sexually violent predators exist who do not have a mental disease or defect that renders them appropriate for involuntary treatment under the Baker Act, part I of this chapter, which is intended to provide short-term treatment to individuals with serious mental disorders and then return them to the community. In contrast to persons appropriate for civil commitment under the Baker Act, sexually violent predators generally have antisocial personality features which are unamenable to existing mental illness treatment modalities, and those features render them likely to engage in criminal, sexually violent behavior. The Legislature further finds that the likelihood of sexually violent predators engaging in repeat acts of predatory sexual violence is high. The existing involuntary commitment procedures under the Baker Act for the treatment and care of mentally ill persons are inadequate to address the risk these sexually violent predators pose to society. The Legislature further finds that the prognosis for rehabilitating sexually violent predators in a prison setting is poor, the treatment needs of this population are very long term, and the treatment modalities for this population are very different from the traditional treatment modalities for people appropriate for commitment under the Baker Act. It is therefore the intent of the Legislature to create a civil commitment procedure for the long-term care and treatment of sexually violent predators.
History.—ss. 2, 3, ch. 98-64; s. 3, ch. 99-222.
Note.—Former s. 916.31.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.911 - Legislative intent.

394.911 Legislative intent.—The Legislature intends that persons who are subject to the civil commitment procedure for sexually violent predators under this part be subject to the procedures established in this part and not to the provisions of part I of this chapter. Less restrictive alternatives are not applicable to cases initiated under this part.
History.—s. 4, ch. 99-222.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.9125 - State attorney; authority to refer a person for civil commitment.

394.9125 State attorney; authority to refer a person for civil commitment.—
(1) A state attorney shall refer a person to the department for civil commitment proceedings if:
(a) The state attorney receives an arrest alert on the person pursuant to s. 394.926(4); and
(b) The person is subsequently sentenced to a term of imprisonment in a county or municipal jail for any criminal offense.
(2) A state attorney may refer a person to the department for civil commitment proceedings if the person:
(a) Is required to register as a sexual offender pursuant to s. 943.0435;
(b) Has previously been convicted of a sexually violent offense as defined in s. 394.912(9)(a)-(h); and
(c) Has been sentenced to a term of imprisonment in a county or municipal jail for any criminal offense.
(3) A state attorney who refers a person for civil commitment pursuant to subsection (1) or subsection (2) shall notify the county or municipal jail to which the person has been sentenced within 24 hours after the referral is made.
(4)(a) If a person is sentenced to a term of imprisonment in a county or municipal jail but is not subsequently totally confined in the jail due to receiving credit for time served, the state attorney may file a petition with the circuit court within 120 hours after such person’s sentencing proceeding requesting the court to order such person into the department’s custody for purposes of initiating civil commitment proceedings.
(b) If the judge determines that there is probable cause to believe that the person should have been referred to the department pursuant to subsection (1) or subsection (2) but that the referral was not made because the person was not totally confined in a county or municipal jail due to receiving credit for time served, the judge shall order that the person be taken into custody and delivered to the custody of the department for civil commitment proceedings.
History.—s. 2, ch. 2014-2; s. 65, ch. 2016-24; s. 9, ch. 2021-156.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.914 - Petition; contents.

394.914 Petition; contents.—After receipt from the multidisciplinary team of the written assessment and positive or negative recommendation as to whether the person meets the definition of a sexually violent predator, the state attorney, in accordance with s. 394.913, may file a petition with the circuit court alleging that the person is a sexually violent predator and stating facts sufficient to support such allegation. A fee may not be charged for the filing of a petition under this section.
History.—s. 6, ch. 98-64; s. 8, ch. 99-222; s. 5, ch. 2014-2.
Note.—Former s. 916.34.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.915 - Determination of probable cause; hearing; evaluation; respondent taken into custody; bail.

394.915 Determination of probable cause; hearing; evaluation; respondent taken into custody; bail.—
(1) When the state attorney files a petition seeking to have a person declared a sexually violent predator, the judge shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If the judge determines that there is probable cause to believe that the person is a sexually violent predator, the judge shall order that the person remain in custody and be immediately transferred to an appropriate secure facility if the person’s incarcerative sentence expires.
(2) Upon the expiration of the incarcerative sentence and before the release from custody of a person whom the multidisciplinary team recommends for civil commitment, but after the state attorney files a petition under s. 394.914, the court may conduct an adversarial probable cause hearing if it determines such hearing is necessary. The court shall only consider whether to have an adversarial probable cause hearing in cases where the failure to begin a trial is not the result of any delay caused by the respondent. The person shall be provided with notice of, and an opportunity to appear in person at, an adversarial hearing. At this hearing, the judge shall:
(a) Receive evidence and hear argument from the person and the state attorney; and
(b) Determine whether probable cause exists to believe that the person is a sexually violent predator.
(3) At the adversarial probable cause hearing, the person has the right to:
(a) Be represented by counsel;
(b) Present evidence;
(c) Cross-examine any witnesses who testify against the person; and
(d) View and copy all petitions and reports in the court file.
(4) If the court again concludes that there is probable cause to believe that the person is a sexually violent predator, the court shall order that the person be held in an appropriate secure facility upon the expiration of his or her incarcerative sentence.
(5) After a court finds probable cause to believe that the person is a sexually violent predator, the person must be held in custody in a secure facility without opportunity for pretrial release or release during the trial proceedings.
History.—s. 7, ch. 98-64; s. 9, ch. 99-222.
Note.—Former s. 916.35.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.9151 - Contract authority.

394.9151 Contract authority.—The Department of Children and Families may contract with a private entity or state agency for use of and operation of facilities to comply with the requirements of this act. The Department of Children and Families may also contract with the Department of Corrections to issue a request for proposals and monitor contract compliance for these services.
History.—s. 22, ch. 98-64; s. 3, ch. 2004-248; s. 104, ch. 2014-19; s. 4, ch. 2023-268.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.9155 - Rules of procedure and evidence.

394.9155 Rules of procedure and evidence.—In all civil commitment proceedings for sexually violent predators under this part, the following shall apply:
(1) The Florida Rules of Civil Procedure apply unless otherwise specified in this part.
(2) The Florida Rules of Evidence apply unless otherwise specified in this part.
(3) The psychotherapist-patient privilege under s. 90.503 does not exist or apply for communications relevant to an issue in proceedings to involuntarily commit a person under this part.
(4) The court may consider evidence of prior behavior by a person who is subject to proceedings under this part if such evidence is relevant to proving that the person is a sexually violent predator.
(5) Hearsay evidence, including reports of a member of the multidisciplinary team or reports produced on behalf of the multidisciplinary team, is admissible in proceedings under this part unless the court finds that such evidence is not reliable. In a trial, however, hearsay evidence may not be used as the sole basis for committing a person under this part.
(6) Rules adopted under s. 394.930 shall not constitute:
(a) An evidentiary predicate for the admission of any physical evidence or testimony;
(b) A basis for excluding or otherwise limiting the presentation of any physical evidence or testimony in judicial proceedings under this part; or
(c) Elements of the cause of action that the state needs to allege or prove in judicial proceedings under this part.
(7) If the person who is subject to proceedings under this part refuses to be interviewed by or fully cooperate with members of the multidisciplinary team or any state mental health expert, the court may, in its discretion:
(a) Order the person to allow members of the multidisciplinary team and any state mental health experts to review all mental health reports, tests, and evaluations by the person’s mental health expert or experts; or
(b) Prohibit the person’s mental health experts from testifying concerning mental health tests, evaluations, or examinations of the person.
The failure of any party to comply with such rules shall not constitute a defense in any judicial proceedings under this part.
History.—s. 10, ch. 99-222.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.916 - Trial; counsel and experts; indigent persons; jury.

394.916 Trial; counsel and experts; indigent persons; jury.—
(1) Within 30 days after the determination of probable cause, the court shall conduct a trial to determine whether the person is a sexually violent predator.
(2) The trial may be continued once upon the request of either party for not more than 120 days upon a showing of good cause, or by the court on its own motion in the interests of justice, when the person will not be substantially prejudiced. No additional continuances may be granted unless the court finds that a manifest injustice would otherwise occur.
(3) At all adversarial proceedings under this act, the person subject to this act is entitled to the assistance of counsel, and, if the person is indigent, the court must appoint the public defender or, if a conflict exists, the court must appoint a criminal conflict and civil regional counsel or other counsel to assist the person.
(4) If the person is subjected to a mental health examination under this part, the person also may retain experts or mental health professionals to perform an examination. If the person wishes to be examined by a professional of the person’s own choice, the examiner must be provided reasonable access to the person, as well as to all relevant medical and mental health records and reports. In the case of a person who is indigent, the court, upon the person’s request, shall determine whether such an examination is necessary. If the court determines that an examination is necessary, the court shall appoint a mental health professional and determine the reasonable compensation for the professional’s services, which shall be paid by the state.
(5) The person or the state attorney has the right to demand that the trial be before a jury of six members. A demand for a jury trial must be filed, in writing, at least 5 days before the trial. If no demand is made, the trial shall be to the court.
History.—s. 8, ch. 98-64; s. 11, ch. 99-222; s. 1, ch. 2006-33; s. 10, ch. 2022-195.
Note.—Former s. 916.36.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.917 - Determination; commitment procedure; mistrials; housing; counsel and costs in indigent appellate cases.

394.917 Determination; commitment procedure; mistrials; housing; counsel and costs in indigent appellate cases.—
(1) The court or jury shall determine by clear and convincing evidence whether the person is a sexually violent predator. If the determination is made by a jury, the verdict must be unanimous. If the jury is unable to reach a unanimous verdict, the court must declare a mistrial and poll the jury. If a majority of the jury would find the person is a sexually violent predator, the state attorney may refile the petition and proceed according to the provisions of this part. Any retrial must occur within 90 days after the previous trial, unless the subsequent proceeding is continued in accordance with s. 394.916(2). The determination that a person is a sexually violent predator may be appealed.
(2) If the court or jury determines that the person is a sexually violent predator, upon the expiration of the incarcerative portion of all criminal sentences and disposition of any detainers, the person shall be committed to the custody of the Department of Children and Families for control, care, treatment, and rehabilitation of criminal offenders, until such time as the person’s mental abnormality or personality disorder has so changed that it is safe for the person to be at large. At all times, persons who are detained or committed under this part shall be kept in a secure facility segregated from patients of the department who are not detained or committed under this part.
(3) The public defender of the circuit in which a person was determined to be a sexually violent predator shall be appointed to represent the person on appeal. That public defender may request the public defender who handles criminal appeals for the circuit to represent the person on appeal in the manner provided in s. 27.51(4). If the public defender is unable to represent the person on appeal due to a conflict, the court shall appoint other counsel, who shall be compensated at a rate not less than that provided for appointed counsel in criminal cases. Filing fees for indigent appeals under this act are waived. Costs and fees related to such appeals, including the amounts paid for records, transcripts, and compensation of appointed counsel, shall be authorized by the trial court and paid from state funds that are appropriated for such purposes.
History.—s. 9, ch. 98-64; s. 12, ch. 99-222; s. 2, ch. 2002-59; s. 43, ch. 2004-5; s. 3, ch. 2012-79; s. 105, ch. 2014-19; s. 3, ch. 2019-134; s. 14, ch. 2019-167.
Note.—Former s. 916.37.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.918 - Examinations; notice; court hearings for release of committed persons; burden of proof.

394.918 Examinations; notice; court hearings for release of committed persons; burden of proof.—
(1) A person committed under this part shall have an examination of his or her mental condition once every year or more frequently at the court’s discretion. The person may retain or, if the person is indigent and so requests, the court may appoint, a qualified professional to examine the person. Such a professional shall have access to all records concerning the person. The results of the examination shall be provided to the court that committed the person under this part. Upon receipt of the report, the court shall conduct a review of the person’s status.
(2) The department shall provide the person with annual written notice of the person’s right to petition the court for release over the objection of the director of the facility where the person is housed. The notice must contain a waiver of rights. The director of the facility shall forward the notice and waiver form to the court.
(3) The court shall hold a limited hearing to determine whether there is probable cause to believe that the person’s condition has so changed that it is safe for the person to be at large and that the person will not engage in acts of sexual violence if discharged. The person has the right to be represented by counsel at the probable cause hearing and the right to be present. Both the petitioner and the respondent may present evidence that the court may weigh and consider. If the court determines that there is probable cause to believe it is safe to release the person, the court shall set a trial before the court on the issue.
(4) At the trial before the court, the person is entitled to be present and is entitled to the benefit of all constitutional protections afforded the person at the initial trial, except for the right to a jury. The state attorney shall represent the state and has the right to have the person examined by professionals chosen by the state. At the hearing, the state bears the burden of proving, by clear and convincing evidence, that the person’s mental condition remains such that it is not safe for the person to be at large and that, if released, the person is likely to engage in acts of sexual violence.
History.—s. 10, ch. 98-64; s. 13, ch. 99-222; s. 6, ch. 2014-2.
Note.—Former s. 916.38.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.919 - Authorized petition for release; procedure.

394.919 Authorized petition for release; procedure.—
(1) If the secretary or the secretary’s designee at any time determines that the person is not likely to commit acts of sexual violence if discharged, the secretary or the secretary’s designee shall authorize the person to petition the court for release. The petition shall be served upon the court and the state attorney. The court, upon receipt of such a petition, shall order a trial before the court within 30 days, unless continued for good cause.
(2) The state attorney shall represent the state, and has the right to have the person examined by professionals of the state attorney’s choice. The state bears the burden of proving, by clear and convincing evidence, that the person’s mental condition remains such that it is not safe for the person to be at large and that, if released, the person is likely to engage in acts of sexual violence.
History.—s. 11, ch. 98-64; s. 14, ch. 99-222.
Note.—Former s. 916.39.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.920 - Petition for release.

394.920 Petition for release.—A person is not prohibited from filing a petition for discharge at any time after commitment under this part. However, if the person has previously filed such a petition without the approval of the secretary or the secretary’s designee and the court determined that the petition was without merit, a subsequent petition shall be denied unless the petition contains facts upon which a court could find that the person’s condition has so changed that a probable cause hearing is warranted.
History.—s. 12, ch. 98-64; s. 15, ch. 99-222.
Note.—Former s. 916.40.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.921 - Release of records to agencies, multidisciplinary teams, and state attorney.

394.921 Release of records to agencies, multidisciplinary teams, and state attorney.—
(1) In order to protect the public, relevant information and records that are otherwise confidential or privileged shall be released to the agency with jurisdiction, to a multidisciplinary team, or to the state attorney for the purpose of meeting the notice requirements of this part and determining whether a person is or continues to be a sexually violent predator. A person, agency, or entity receiving information under this section which is confidential and exempt from the provisions of s. 119.07(1) must maintain the confidentiality of that information. Such information does not lose its confidential status due to its release under this section.
(2) Psychological or psychiatric reports, drug and alcohol reports, treatment records, medical records, or victim impact statements that have been submitted to the court or admitted into evidence under this part shall be part of the record but shall be sealed and may be opened only pursuant to a court order.
History.—s. 13, ch. 98-64; s. 16, ch. 99-222.
Note.—Former s. 916.41.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.9215 - Right to habeas corpus.

394.9215 Right to habeas corpus.—
(1)(a) At any time after exhausting all administrative remedies, a person held in a secure facility under this part may file a petition for habeas corpus in the circuit court for the county in which the facility is located alleging that:
1. The person’s conditions of confinement violate a statutory right under state law or a constitutional right under the State Constitution or the United States Constitution; or
2. The facility in which the person is confined is not an appropriate secure facility, as that term is used in s. 394.915.
(b) Upon filing a legally sufficient petition stating a prima facie case under paragraph (a), the court may direct the Department of Children and Families to file a response. If necessary, the court may conduct an evidentiary proceeding and issue an order to correct a violation of state or federal rights found to exist by the court. A final order entered under this section may be appealed to the district court of appeal. A nonfinal order may be appealed to the extent provided by the Florida Rules of Appellate Procedure. An appeal by the department shall stay the trial court’s order until disposition of the appeal.
(2) Any claim referred to in subsection (1) may be asserted only as provided in this section. No claim referred to in subsection (1) shall be considered in commitment proceedings brought under this part. A person does not have a right to appointed counsel in any proceeding initiated under this section.
(3) Relief granted on a petition filed under this section must be narrowly drawn and may not exceed that which is minimally necessary to correct, in the least intrusive manner possible, the violation of the state or federal rights of a particular petitioner. A court considering a petition under this section must give substantial weight to whether the granting of relief would adversely impact the operation of the detention and treatment facility or would adversely impact public safety.
(4) The court may not enter an order releasing a person from secure detention unless the court expressly finds that no relief short of release will remedy the violation of state or federal rights which is found to have occurred.
History.—s. 1, ch. 2002-36; s. 106, ch. 2014-19.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.9221 - Certified security personnel.

394.9221 Certified security personnel.—The department or an entity contracting with the department to operate a secure facility under this part is considered an employing agency as that term is defined in s. 943.10 and is authorized to employ certified correctional officers as facility security personnel.
History.—s. 3, ch. 2007-241.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.923 - Immunity from civil liability.

394.923 Immunity from civil liability.—The agency with jurisdiction and its officers and employees; the department and its officers and employees; members of the multidisciplinary team; the state attorney and the state attorney’s employees; the Department of Legal Affairs and its officers and employees; and those involved in the evaluation, care, and treatment of sexually violent persons committed under this part are immune from any civil liability for good faith conduct under this part.
History.—s. 15, ch. 98-64; s. 18, ch. 99-222; s. 2, ch. 2002-36.
Note.—Former s. 916.43.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.924 - Severability.

394.924 Severability.—If any section, subsection, or provision of this part is held to be unconstitutional or invalid by a court of competent jurisdiction, the remaining portions of this part shall be unaffected because the Legislature declares that the provisions of this part are severable from each other.
History.—s. 16, ch. 98-64; s. 19, ch. 99-222.
Note.—Former s. 916.44.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.925 - Applicability of act.

394.925 Applicability of act.—This part applies to all persons currently in custody who have been convicted of a sexually violent offense, as that term is defined in s. 394.912(9), as well as to all persons convicted of a sexually violent offense and sentenced to total confinement in the future.
History.—s. 17, ch. 98-64; s. 20, ch. 99-222.
Note.—Former s. 916.45.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.926 - Notice to victims and others of release of persons in the custody of the department.

394.926 Notice to victims and others of release of persons in the custody of the department.—
(1) As soon as is practicable, the department shall give written notice of the release of a person in the custody of the department to any victim of the person who is alive and whose address is known to the department or, if the victim is deceased, to the victim’s family, if the family’s address is known to the department. Failure to notify is not a reason for postponement of release. This section does not create a cause of action against the state or an employee of the state acting within the scope of the employee’s employment as a result of the failure to notify pursuant to this part.
(2) If a person in the custody of the department who has an active or pending term of probation, community control, parole, conditional release, or other court-ordered or postprison release supervision is released, the department must immediately notify the Department of Corrections’ Office of Community Corrections in Tallahassee. The Florida Commission on Offender Review must also be immediately notified of any releases of a person who 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.
(3) If a person in the custody of the department is released, the department must notify the Department of Law Enforcement and the sheriff of the county in which the person intends to reside, or if unknown, the sheriff of the county in which the person was last convicted.
(4)(a) The department, in conjunction with the Department of Law Enforcement, shall enroll and maintain a sexually violent offender in the arrest notification program through the Florida Criminal Justice Network maintained by the Department of Law Enforcement upon such offender’s release from the department’s custody. Upon receiving an alert that a sexually violent offender has been arrested for a criminal offense subsequent to his or her release, the department must immediately notify the state attorney of the circuit in which the arrest occurred.
(b) As used in this subsection, the term “sexually violent offender” means a person who has been committed to the department as a sexually violent predator or who has been in the department’s custody based upon a court finding of probable cause to believe the person is a sexually violent predator.
History.—s. 18, ch. 98-64; s. 21, ch. 99-222; s. 7, ch. 2014-2; s. 10, ch. 2014-191.
Note.—Former s. 916.46.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 394 - Mental Health › Part V - Involuntary Civil Commitment of Sexually Violent Predators (Ss. 394.910-394.932) › 394.9265 - Introduction or removal of certain articles unlawful; penalty.

394.9265 Introduction or removal of certain articles unlawful; penalty.—
(1) Except as authorized by law or as specifically authorized by the person in charge of a secure facility providing secure confinement and treatment under this part, it is unlawful to knowingly and intentionally bring into any facility providing secure confinement and treatment under this part, or to take or attempt to take or send therefrom, any of the following articles:
(a) Any intoxicating beverage or beverage that causes or may cause an intoxicating effect;
(b) Any controlled substance as defined in chapter 893; or
(c) Any firearm or weapon.
(2) A person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 4, ch. 2012-79.