§ 394.9125, Fla. Stat. · Part V. INVOLUNTARY CIVIL COMMITMENT OFSEXUALLY VIOLENT PREDATORS
State attorney; authority to refer a person for civil commitment.
Text — 2026 Florida Statutes
(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.
Notes and commentary — not statutory text
History
s. 2, ch. 2014-2; s. 65, ch. 2016-24; s. 9, ch. 2021-156; s. 59, ch. 2025-156.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0394/0394.html
- Text hash
- sha256 a8b2afef362e38631715c455d58815162911f7f600466580d277df687522ad43
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
- composed from the Legislature's structured HTML (one source of text; no PDF extraction); a second, independent reading of the same bytes agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- § 394.912, Fla. Stat.Definitions.Printed as s. 394.912(9)(a)
- § 394.926, Fla. Stat.Notice to victims and others of release of persons in the custody of the department.Printed as s. 394.926(4)
- § 943.0435, Fla. Stat.Sexual offenders required to register with the department; penalty.Printed as s. 943.0435
Cited by 2 provisions
Provisions in this library whose text cites § 394.9125, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 394.912, Fla. Stat.Definitions.Printed as s. 394.9125
- § 394.9135, Fla. Stat.Immediate releases from total confinement; transfer of person to department; time limitations on assessment, notification, and filing petition to hold in custody; filing petition after release; order into custody of department after release.Printed as s. 394.9125(4)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.