State v. McFarland

The State of Florida filed a petition to civilly commit Appellee, Scott E. McFarland (McFarland) as a violent sexual predator upon his release from prison. McFarland filed a motion for summary judgment alleging the relief the State sought in the petition violated the terms of his plea agreement. The trial court granted summary judgment in favor of McFarland. In so doing, the trial court erred.

Pursuant to sections 394.910-394.931, Florida Statutes (2000) (the Jimmy Ryce Act), a person who is declared a sexually violent predator may be committed to the Department of Children and Families for…