§ 394.910 Legislative findings and intent
§ 394.911 Legislative intent
§ 394.912 Definitions
§ 394.9125 State attorney; authority to refer a person for civil commitment
§ 394.913 Notice to state attorney and multidisciplinary team of release of sexually violent predator; establishing multidisciplinary teams; information to be provided to multidisciplinary teams
§ 394.9135 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
§ 394.914 Petition; contents
§ 394.915 Determination of probable cause; hearing; evaluation; respondent taken into custody; bail
§ 394.9151 Contract authority
§ 394.9155 Rules of procedure and evidence
§ 394.916 Trial; counsel and experts; indigent persons; jury
§ 394.917 Determination; commitment procedure; mistrials; housing; counsel and costs in indigent appellate cases
§ 394.918 Examinations; notice; court hearings for release of committed persons; burden of proof
§ 394.919 Authorized petition for release; procedure
§ 394.920 Petition for release
§ 394.921 Release of records to agencies, multidisciplinary teams, and state attorney
§ 394.9215 Right to habeas corpus
§ 394.9221 Certified security personnel
§ 394.9223 Use of force
§ 394.923 Immunity from civil liability
§ 394.924 Severability
§ 394.925 Applicability of act
§ 394.926 Notice to victims and others of release of persons in the custody of the department
§ 394.9265 Introduction or removal of certain articles unlawful; penalty
§ 394.927 Escape while in lawful custody; notice to victim; notice to the Department of Corrections and Florida Commission on Offender Review
§ 394.928 Subsistence fees and costs of treatment
§ 394.929 Program costs
§ 394.930 Authority to adopt rules
§ 394.931 Quarterly and annual reports
§ 394.932 Registry of experts

Terms Used In Florida Statutes > Chapter 394 > Part V - Involuntary Civil Commitment of Sexually Violent Predators

  • Accessible electronic information and information technology: means electronic information and information technology that conforms to the standards for accessible electronic information and information technology as set forth by…. See Florida Statutes 282.602
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means any official, officer, department, board, commission, division, bureau, section, district, office, authority, committee, or council, or any other unit of organization, however designated, of the executive branch of state government, and the Public Service Commission. See Florida Statutes 283.30
  • Agency with jurisdiction: means the entity that releases, upon lawful order or authority, a person who is serving a sentence in the custody of the Department of Corrections, a person who was adjudicated delinquent and is committed to the custody of the Department of Juvenile Justice, a person who was involuntarily committed to the custody of the Department of Children and Families upon an adjudication of not guilty by reason of insanity, or a person who is serving a sentence in a county or municipal jail for a sexually violent offense as defined in paragraph (9)(i). See Florida Statutes 394.912
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assessable improvements: means , without limitation, any and all public improvements and community facilities that the district is empowered to provide in accordance with this act. See Florida Statutes 190.003
  • Assessment bonds: means special obligations of the district which are payable solely from proceeds of the special assessments levied for an assessable project. See Florida Statutes 190.003
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • board of supervisors: means the governing board of the district or, if such board has been abolished, the board, body, or commission succeeding to the principal functions thereof or to whom the powers given to the board by this act have been given by law. See Florida Statutes 190.003
  • Bond: includes "certificate" and the provisions which are applicable to bonds are equally applicable to certificates. See Florida Statutes 190.003
  • Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community development district: means a local unit of special-purpose government which is created pursuant to this act and limited to the performance of those specialized functions authorized by this act; the governing head of which is a body created, organized, and constituted and authorized to function specifically as prescribed in this act for the purpose of the delivery of urban community development services; and the formation, powers, governing body, operation, duration, accountability, requirements for disclosure, and termination of which are as required by general law. See Florida Statutes 190.003
  • Contract: A legal written agreement that becomes binding when signed.
  • Convicted of a sexually violent offense: means a person who has been:
    (a) Adjudicated guilty of a sexually violent offense after a trial, guilty plea, or plea of nolo contendere;
    (b) Adjudicated not guilty by reason of insanity of a sexually violent offense; or
    (c) Adjudicated delinquent of a sexually violent offense after a trial, guilty plea, or plea of nolo contendere. See Florida Statutes 394.912
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Cost: when used with reference to any project, includes, but is not limited to:
    (a) The expenses of determining the feasibility or practicability of acquisition, construction, or reconstruction. See Florida Statutes 190.003
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Data: means a subset of structured information in a format that allows such information to be electronically retrieved and transmitted. See Florida Statutes 282.0041
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Management Services. See Florida Statutes 283.30
  • Department: means the Department of Children and Families. See Florida Statutes 394.912
  • Department: means the Department of Management Services. See Florida Statutes 282.0041
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • District: means the community development district. See Florida Statutes 190.003
  • District manager: means the manager of the district. See Florida Statutes 190.003
  • District roads: means highways, streets, roads, alleys, sidewalks, landscaping, storm drains, bridges, and thoroughfares of all kinds and descriptions. See Florida Statutes 190.003
  • Duplicating: means the process of reproducing an image or images from an original to a final substrate through the electrophotographic, xerographic, laser, or offset process or any combination of these processes, by which an operator can make more than one copy without rehandling the original. See Florida Statutes 283.30
  • Elector: means a landowner or qualified elector. See Florida Statutes 190.003
  • Electronic: means technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Florida Statutes 282.0041
  • Electronic information and information technology: includes information technology and any equipment or interconnected system or subsystem of equipment that is used in creating, converting, or duplicating data or information. See Florida Statutes 282.602
  • Enterprise: means state agencies and the Department of Legal Affairs, the Department of Financial Services, and the Department of Agriculture and Consumer Services. See Florida Statutes 282.0041
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Event: means an observable occurrence in a system or network. See Florida Statutes 282.0041
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • General obligation bonds: means bonds which are secured by, or provide for their payment by, the pledge, in addition to those special taxes levied for their discharge and such other sources as may be provided for their payment or pledged as security under the resolution authorizing their issuance, of the full faith and credit and taxing power of the district and for payment of which recourse may be had against the general fund of the district. See Florida Statutes 190.003
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Information technology: means equipment, hardware, software, firmware, programs, systems, networks, infrastructure, media, and related material used to automatically, electronically, and wirelessly collect, receive, access, transmit, display, store, record, retrieve, analyze, evaluate, process, classify, manipulate, manage, assimilate, control, communicate, exchange, convert, converge, interface, switch, or disseminate information of any kind or form. See Florida Statutes 282.0041
  • Information technology: means any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. See Florida Statutes 282.602
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interoperability: means the technical ability to share and use data across and throughout the enterprise. See Florida Statutes 282.0041
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Landowner: means the owner of a freehold estate as appears by the deed record, including a trustee, a private corporation, and an owner of a condominium unit; it does not include a reversioner, remainderman, mortgagee, or any governmental entity, who shall not be counted and need not be notified of proceedings under this act. See Florida Statutes 190.003
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Likely to engage in acts of sexual violence: means the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others. See Florida Statutes 394.912
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local general-purpose government: means a county, municipality, or consolidated city-county government. See Florida Statutes 190.003
  • Mental abnormality: means a mental condition affecting a person's emotional or volitional capacity which predisposes the person to commit sexually violent offenses. See Florida Statutes 394.912
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office of Economic and Demographic Research: means an entity designated by joint rule of the Legislature or by agreement between the President of the Senate and the Speaker of the House of Representatives. See Florida Statutes 1.01
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual 18 years of age or older who is a potential or actual subject of proceedings under this part. See Florida Statutes 394.912
  • person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
  • Personal property: All property that is not real property.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • political subdivision: include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state. See Florida Statutes 1.01
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Project: means an endeavor that has a defined start and end point; is undertaken to create or modify a unique product, service, or result; and has specific objectives that, when attained, signify completion. See Florida Statutes 282.0041
  • Project: means any development, improvement, property, utility, facility, works, enterprise, or service now existing or hereafter undertaken or established under the provisions of this act. See Florida Statutes 190.003
  • Public: means those entities and persons other than subordinate and functionally related or connected federal, state, or local governmental agencies. See Florida Statutes 283.30
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Publication: means any document, whether produced for public or internal distribution. See Florida Statutes 283.30
  • Qualified elector: means any person at least 18 years of age who is a citizen of the United States, a legal resident of Florida and of the district, and who registers to vote with the supervisor of elections in the county in which the district land is located. See Florida Statutes 190.003
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Refunding bonds: means bonds issued to refinance outstanding bonds of any type and the interest and redemption premium thereon. See Florida Statutes 190.003
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revenue bonds: means obligations of the district which are payable from revenues derived from sources other than ad valorem taxes on real or tangible personal property and which do not pledge the property, credit, or general tax revenue of the district. See Florida Statutes 190.003
  • Secretary: means the secretary of the Department of Children and Families. See Florida Statutes 394.912
  • Service level: means the key performance indicators (KPI) of an organization or service which must be regularly performed, monitored, and achieved. See Florida Statutes 282.0041
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • sewer system: includes treatment plants, pumping stations, lift stations, valves, force mains, intercepting sewers, laterals, pressure lines, mains, and all necessary appurtenances and equipment; all sewer mains, laterals, and other devices for the reception and collection of sewage from premises connected therewith; and all real and personal property and any interest therein, rights, easements, and franchises of any nature relating to any such system and necessary or convenient for operation thereof. See Florida Statutes 190.003
  • Sexually motivated: means that one of the purposes for which the defendant committed the crime was for sexual gratification. See Florida Statutes 394.912
  • Sexually violent offense: means :
    (a) Murder of a human being while engaged in sexual battery in violation of…. See Florida Statutes 394.912
  • Sexually violent predator: means any person who:
    (a) Has been convicted of a sexually violent offense; and
    (b) Suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment. See Florida Statutes 394.912
  • Standards: means required practices, controls, components, or configurations established by an authority. See Florida Statutes 282.0041
  • State agency: means any official, officer, commission, board, authority, council, committee, or department of the executive branch of state government; the Justice Administrative Commission; and the Public Service Commission. See Florida Statutes 282.0041
  • State agency: means any agency of the executive, legislative, or judicial branch of state government. See Florida Statutes 282.602
  • Statute: A law passed by a legislature.
  • SUNCOM Network: means the state enterprise telecommunications system that provides all methods of electronic or optical telecommunications beyond a single building or contiguous building complex and used by entities authorized as network users under this part. See Florida Statutes 282.0041
  • Telecommunications: means the science and technology of communication at a distance, including electronic systems used in the transmission or reception of information. See Florida Statutes 282.0041
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Total confinement: means that the person is currently being held in any physically secure facility being operated or contractually operated for the Department of Corrections, the Department of Juvenile Justice, or the Department of Children and Families. See Florida Statutes 394.912
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Undue burden: means significant difficulty or expense. See Florida Statutes 282.602
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Verdict: The decision of a petit jury or a judge.
  • veteran: means a person who served in the active military, naval, or air service and who was discharged or released under honorable conditions only or who later received an upgraded discharge under honorable conditions, notwithstanding any action by the United States Department of Veterans Affairs on individuals discharged or released with other than honorable discharges. See Florida Statutes 1.01
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • water management and control facilities: includes all real and personal property and any interest therein, rights, easements, and franchises of any nature relating to any such water management and control facilities or necessary or convenient for the acquisition, construction, reconstruction, operation, or maintenance thereof. See Florida Statutes 190.003
  • writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01