§ 394.916, Fla. Stat. · Part V. INVOLUNTARY CIVIL COMMITMENT OFSEXUALLY VIOLENT PREDATORS
Trial; counsel and experts; indigent persons; jury.
Text — 2026 Florida Statutes
(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.
Notes and commentary — not statutory text
History
s. 8, ch. 98-64; s. 11, ch. 99-222; s. 1, ch. 2006-33; s. 10, ch. 2022-195.
Note
Note.—Former s. 916.36.
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 c6f3720405b9500522d3c98aea7650d33181b6c9de7ac929ea0defae358aaa65
- 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
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Cited by 2 provisions
Provisions in this library whose text cites § 394.916, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 394.917, Fla. Stat.Determination; commitment procedure; mistrials; housing; counsel and costs in indigent appellate cases.Printed as s. 394.916(2)
- § 394.927, Fla. Stat.Escape while in lawful custody; notice to victim; notice to the Department of Corrections and Florida Commission on Offender Review.Printed as s. 394.916
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.