779 So. 2d 544 | Fla. Dist. Ct. App. | 2001
The State appeals from an order dismissing an involuntary civil commitment petition against Darren Goode as a sexually violent predator. The State filed the petition pursuant to the Jimmy Ryce Act,
. In Kinder v. State, 779 So.2d 572 (Fla. 2d DCA 2000), this court determined that the thirty-day time limit was mandatory but not jurisdictional. As a remedy for the failure to try Kinder within the statutory time frame, this court ordered Kinder's release and certified the following question to the Florida Supreme Court as one of great public importance:
WHETHER THE FAILURE TO COMMENCE A COMMITMENT TRIAL WITHIN THE 30-DAY PERIOD OF SECTION
394.916(1), FLORIDA STATUTES (1999), ABSENT A PRIOR CONTINUANCE FOR GOOD CAUSE, AUTHORIZES THE RELEASE OF THE DETAINED INDIVIDUAL, WHEN THE COMMITMENT CASE HAS NOT BEEN DISMISSED, AND THE TRIAL COURT HAS PREVIOUSLY MADE AN EX PARTE DETERMINATION THAT THERE IS PROBABLE CAUSE TO BELIEVE THAT THE INDIVIDUAL IS A SEXUALLY VIOLENT PREDATOR IN NEED OF COMMITMENT.