The 2023 Florida Statutes (including Special Session C)
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. . . . §§ 394.912(10)(b) ; 394.915. . . .
. . . The court found probable cause, as is required under section 394.915(1), and appellant was held in custody . . .
. . . See § 394.915. He was committed to the FCCC in April 2010. See ch. 394, Fla. Stat. (2009). . . . determine whether probable cause exists to believe the person is a sexually violent predator. §§ 394.914, 394.915 . . . his sentence expires before a final trial court determination by clear and convincing evidence. §§ 394.915 . . . trial within thirty days to determine the question by clear and convincing evidence. §§ .394.9135(3), 394.915 . . . See § 394.915(1). . . .
. . . facility in which the person is confined is not an appropriate secure facility, as that term is used in s. 394.915 . . .
. . . . § 394.915(1). . . .
. . . Instead, if the judge finds that probable cause exists, under section 394.915, the judge shall order . . . Former section 916.35 was renumbered as section 394.915. See ch. 99-222, § 9, Laws of Fla. . . . Although the text of section 394.915 no longer includes the "taken into custody” language, the title . . . of section 394.915 still refers to such language. § 394.915, Fla. . . . The failure to amend the title of section 394.915 to conform with the text of that section appears to . . .
. . . After a probable cause finding was made in purported conformity with section 394.915, Florida Statutes . . .
. . . See § 394.915(1), Fla. . . . Statutes (2002), and thus “eligible for commitment,” and ordered DCF to hold Morel pursuant to section 394.915 . . .
. . . . § 394.915(1), Fla. Stat. . . . cases where the failure to begin a trial is not the result of any delay caused by the respondent. § 394.915 . . . respondent has the right to be represented by counsel, present evidence, and cross-examine any witnesses. § 394.915 . . . Section 394.915(2), Florida Statutes, provides for an adversarial probable cause hearing if, after the . . .
. . . Rule 4.220, Adversarial Probable Cause Hearing, derives from section 394.915(2), Florida Statutes (2008 . . . which the person is confined is not an appropriate secure facility, as the term is used in section 394.915 . . .
. . . . § 394.915 was unconstitutional both on its face and as applied, and that Fla. . . .
. . . (citing § 394.915(1), Fla. . . . Section 394.915(1) then provides that upon finding probable cause to believe that an individual is a . . . Although the title of section 394.915 remained the same, and includes the reference to “respondent taken . . . Instead, section 394.915 states: (1) When the state attorney files a petition seeking to have a person . . . Section 394.915(1) provides: When the state attorney files a petition seeking to have a person declared . . .
. . . . § 394.915. . . .
. . . We note however that section 394.915(2), Florida Statutes (2006), “has been interpreted to mandate [an . . .
. . . placing the respondent in a secure facility upon the finding of probable cause as contemplated by section 394.915 . . . also note that the respondent has not demonstrated that the secure facility contemplated by section 394.915 . . .
. . . See 394.915, Fla. Stat. (2004). . . . Furthermore, the statutory procedures for conducting probable cause hearings set forth in section 394.915 . . . court may conduct an adversarial probable cause hearing if it determines such hearing is necessary. § 394.915 . . . the trial court was not authorized to conduct an ex-parte probable cause hearing pursuant to section 394.915 . . . Section 394.915 states, in relevant part: (1) When the state attorney files a petition seeking to have . . .
. . . The Second District concluded that the “ex parte probable cause determination prescribed by section 394.915 . . . the expiration of his or her sentence, the trial court must hold the hearing delineated in section 394.915 . . . Section 394.915(2)-(S) provides: (2) Upon the expiration of the incar-cerative sentence and before the . . . who testify against the person; and (d) View and copy all petitions and reports in the court file. § 394.915 . . . . § 394.915(1), Fla. Stat. (2002). . . . . § 394.915(2), Fla. . . . Goode, 830 So.2d at 827; see § 394.915(2), Fla. . . .
. . . trial court made an ex-parte finding that probable cause existed to detain Kolin pursuant to section 394.915 . . .
. . . Finally, section 394.915(1), Florida Statutes (1999) (previously section 916.35(1)), provides that if . . .
. . . We affirm based on section 394.915(2), and Kephart v. Regier, 30 Fla L. . . . As our supreme court noted in Kephart, section 394.915(2) was “apparently intended by the Legislature . . . Rather, we hold that the requirement for a section 394.915(2) hearing within twenty-four hours should . . . Instead, we read Kephart to merely impose a section 394.915(2) hearing requirement within twenty-four . . . Const. .§ 394.915, Determination of probable cause, provides in part: (2) Upon the expiration of the . . .
. . . provides: A person who is held in lawful custody pursuant to a judicial finding of probable cause under s. 394.915 . . .
. . . Section 394.915, Florida Statutes (1999), provides that once probable cause has been found in a Ryce . . . See § 394.915(1), (5), Fla. Stat. (1999). . . . 833 (“[A]fter the time period in section 394.916(1) has run, trial is no longer pending and section 394.915 . . .
. . . Heath on May 30, 2001, and signed a warrant for his custodial detention pursuant to section 394.915. . . . See § 394.915; see also Melvin v. State, 804 So.2d 460, 464 (Fla. 2d DCA 2001); Alverez v. . . .
. . . . § 394.915(1), Fla. Stat. (2004). . § 394.915(2), (4), Fla. Stat. (2004). . § 394.916(1), Fla. . . . . § 394.915, Fla. Stal. (2004). . . .
. . . 1) A person who is held in lawful custody pursuant to a judicial finding of probable cause under s. 394.915 . . .
. . . . § 394.915, Fla. Stat. (2001). We reverse. . . . On May 30, 2001, the State filed a civil petition for commitment under section 394.915. . . .
. . . that the detainee still would not be eligible for release based on the mandatory provision of section 394.915 . . .
. . . Section 394.915(5), Florida Statutes, reads as follows: (5) After a court finds probable cause to believe . . . The issue of the constitutionality of section 394.915(5) was not raised or briefed, either here or in . . .
. . . Section 394.915(1) provides: If the judge determines that there is probable cause to believe that the . . .
. . . On June 13, the circuit court, pursuant to section 394.915(1), issued an order finding probable cause . . .
. . . The initial ex parte probable cause determination described in section 394.915(1) applies primarily to . . . and be transferred to an appropriate secure facility upon expiration of the incarcerative sentence. § 394.915 . . .
. . . See §§ 394.915, 394.916, Fla. Stat. (2001). . . .
. . . See § 394.915(5), Fla. Stat. (1999). . . . See § 394.915(1), Fla. Stat. (1999). In Valdez v. . . . probable cause hearing described in 394.915(2)). . . . See § 394.915, Fla. Stat. (1999). . . . .” § 394.915(2), Fla. Stat. (1999). . . .
. . . Section 394.915(5), Florida Statutes (1999), requires that a person under indefinite detention and awaiting . . . Thus, after the time period in section 394.916(1) has run, trial is no longer pending and section 394.915 . . . See § 394.915(5), Fla. Stat. (1999). . . .
. . . .; § 394.915(1). . . . .” § 394.915(1). . . .
. . . . § 394.915(1). . . .
. . . . § 394.915(1). . . . Id. § 394.915(5). A trial must be held within 30 days of the probable cause determination. . . .
. . . See § 394.915(1). . . . 2d DCA 2001), this court held that the ex parte probable cause determination prescribed by section 394.915 . . . As interpreted by Melvin, section 394.915(1) permits pretrial detention of a Ryce Act respondent when . . .
. . . .” § 394.915(1). . . . expiration of the person’s incarcerative sentence if the court “determines such hearing is necessary.” § 394.915 . . . probable cause exists to believe that the person named in the petition is a sexually violent predator.” § 394.915 . . . For these reasons, we conclude that the ex parte probable cause determination prescribed by section 394.915 . . .
. . . constitute an “appropriate secure facility” to house pretrial detainees, as that phrase is used in section 394.915 . . . Under section 394.915(1), “[i]f the judge determines that there is probable cause to believe that the . . . This requires an interpretation of what constitutes an “appropriate secure facility” under section 394.915 . . .
. . . the State’s presentation of its case in an adversarial probable cause hearing as provided in section 394.915 . . .
. . . See § 394.915(1) (providing that once a commitment petition is filed and a finding of probable cause . . .
. . . Section 394.915(2), however, describes an adversarial probable cause hearing which may be conducted “ . . . The language of section 394.915 supports this construction. . . . In particular, section 394.915(2) prescribes an adversarial hearing in those instances where there is . . . Section 394.915(4) uses the word “again” to describe the adversarial finding. . . . The section 394.915(2) hearing serves to protect the constitutional liberty interest at stake. . . .
. . . Pursuant to section 394.915 of the Act, the circuit court determined there was probable cause to believe . . .
. . . See § 394.915(5), Fla. Stat. (1999). . . .
. . . See § 394.915(4), Fla. Stat. (1999). . . .
. . . See § 394.915, Fla. Stat. (1999). . . . of those procedural and substantive rights include the following: (1) the right to counsel, see §§ 394.915 . . . Stat (1999); (2) determination of probable cause, see § 394.915, Fla. . . .
. . . The Valdez opinion construes the revised Ryce Act, which provides, inter alia: 394.915 Determination . . . In that situation, a probable cause hearing is “necessary” under § 394.915(2). Id. . . . Under section 394.915(1), the trial judge makes an ex parte probable cause determination after the state . . . Section 394.915(3) provides that a Ryce Act respondent is entitled to be represented by counsel at the . . . See § 394.915(2), Fla. Stat. (1999). . . . .
. . . See §§ 394.913(c), 394.915(l)-(2). . . .
. . . Section 394.915(1) authorizes the court to determine, based on the petition, whether probable cause exists . . . The only provision for an adversarial probable cause hearing in the statute is found in section 394.915 . . . Under these circumstances a probable cause hearing is “necessary,” under section 394.915(2). . . . petitioners be released unless: (1) a probable cause hearing, conducted in accordance with section 394.915 . . .