Florida/Georgia Personal Injury & Workers Compensation

...d requires that statutory or rule-based confidentiality give way to serve a greater good"). We similarly conclude that the provisions which waive confidentiality during the treatment process do not render the Ryce Act punitive. See §§ 394.9155(7), 394.918(1)-(2) Fla....

...person's mental health expert from testifying about such items. See § 394.9155(7), Fla. Stat. (2001). A person committed under the Ryce Act must submit to a yearly mental health examination, the results of which are submitted to the court. See id. § 394.918(1). Further, an individual seeking release from such commitment must supply the court with a waiver of rights. See id. § 394.918(2). [10] See § 394.916(3), (4), Fla. Stat. (2001). [11] See id. § 394.916(5). [12] See id. § 394.917(1), (3). [13] See id. § 394.918. [14] See id. §§ 394.918(2), 394.920. [15] See id. § 394.918(4)....

...ellant once he was found to be a violent sexual predator did not violate his right to due process. We note that the Act makes provision for post commitment proceedings to determine whether a committed individual should continue in confinement. See §§ 394.918-.920, Fla....

...section 394.911, Florida Statutes (1999) ("Less restrictive alternatives are not applicable to cases initiated under this part.") apply to prohibit consideration of less restrictive alternatives in post commitment proceedings brought under sections 394.918-.920; or the constitutionality of prohibiting consideration of less restrictive alternatives in post commitment proceedings....

...The goals of long-term treatment and protection of the public can only be accomplished by confinement in a secure facility until it is determined that the mental condition of the person "has so changed that it is safe for the person to be at large and that the person will not engage in acts of sexual violence if discharged." § 394.918(3), Fla....

...We also find that the provisions of the Act for subsequent review and possible release of the committed violent sexual predator supplement the efforts of the Legislature in providing the least restrictive means of advancing the compelling state interest of treatment and protection of the public under the Act. See §§ 394.918-.920, Fla....

...(1999); (3) application of the Florida Rules of Civil Procedure and the Florida Evidence Code, see § 394.9155(1),(2), Fla. Stat. (1999); (4) trial by jury, see § 394.916, Fla. Stat. (1999); and (5) the right to subsequent examinations and hearings to determine the right to release, see §§ 394.918-.920, Fla....

...1, 1999, at 18. [1] See Robert Bilbrey, Civil Commitment of Sexually Violent Predators: A Misguided Attempt to Solve a Serious Problem, Journal of The Missouri Bar, Vol. 55, No. 6 (Nov.-Dec.1999) http://www.mobar.org/journal/1999/novdec/bilbrey.htm>. [2] § 394.918, Fla....

...§ 394.917(2). The person must "be kept in a secure facility segregated from patients who are not committed" pursuant to the Act. Id. Once committed, the person must "have an examination of his or her mental condition" at least once each year. Id. § 394.918(1)....

...Otherwise, the court must hold a hearing to determine whether probable cause exists "to believe that the person's condition has so changed that it is safe for the person to be at large and that the person will not engage in acts of sexual violence if discharged." Id. § 394.918(3). If the court concludes that probable cause does exist, the court must hold a trial. At the trial, "the person is entitled ... to the benefit of all constitutional protections afforded ... at the initial trial, except for the right to a jury." Id. § 394.918(4)....

...1804, 60 L.Ed.2d 323 (1979); In re Beverly, 342 So.2d 481, 488 (Fla.1977). The Act provides for involuntary civil commitment. § 394.910, Fla. Stat. (2000). Accordingly, due process is satisfied by the Act's requirement that the state prove its case by clear and convincing evidence. Id. §§ 394.917(1), 394.918(4), 394.919(2)....

...nted no evidence to do so, we affirm. On February 27, 2002, Allen was committed to the custody of the Department of Children and Family Services after a jury found him to be a sexually violent predator under section 394.917, Florida Statutes (1999). Section 394.918 establishes the following procedure for persons committed under this chapter: (1) A person committed under this part shall have an examination of his or her mental condition once every year or more frequently at the court's discretion....

...At the hearing, the state bears the burden of proving, by clear and convincing evidence, that the person's mental condition remains such that it is not safe for the person to be at large and that, if released, the person is likely to engage in acts of sexual violence. Pursuant to section 394.918(3), Allen was entitled to an annual probable cause hearing to determine if his condition had changed....

...ion process and treatment program. In Allen v. State, 873 So.2d 576, 579 (Fla. 2d DCA 2004), this court granted Allen's petition for a writ of mandamus, holding that the circuit court was required to hold a limited probable cause hearing pursuant to section 394.918(3), at which Allen was entitled to be represented by counsel even though he was not entitled to be present at the hearing....

...cause determination. The State argues that Allen had the burden to prove that there was probable cause to believe that his condition had changed. We have found only one case addressing the burden of proof required at the probable cause hearing under section 394.918....

...inued." Westerheide, 888 So.2d at 705. We agree with the reasoning of the Fifth District and conclude that Allen had the burden of proof to establish that there was probable cause to believe that his condition had changed pursuant to the criteria in section 394.918. The language in section 394.918 differentiating the proceedings required under that section supports this conclusion. Section 394.918(3) provides that when a circuit court determines that there is probable cause to believe that a person's condition has changed, the court shall set a trial to address the issue. Section 394.918(4) specifically provides that at that trial, "the state bears the burden of proving, by clear and convincing evidence, that the person's mental condition remains such that it is not safe for the person to be at large and that, if released, the person is likely to engage in acts of sexual violence." (Emphasis added.) The omission of the emphasized language from section 394.918(3) suggests that the legislature did not intend that the State have the burden of proof at the limited probable cause hearing....

...In summary, the circuit court must determine whether the petitioner's evidence is sufficient to meet his or her burden of proof. If the petitioner establishes probable cause to believe that his condition has changed, then a full trial should be held pursuant to section 394.918(4)....

...However, we do so without prejudice to providing Allen an opportunity to present evidence supporting his release in a new limited probable cause hearing. [5] Affirmed. DAVIS and SILBERMAN, JJ., Concur. NOTES [1] §§ 394.910-.931, Fla. Stat. (1999). [2] As later noted, section 394.918(4) identifies proceedings in which the State has the burden of proof....

...in proceedings under this part unless the court finds that such evidence is not reliable. In a trial, however, hearsay evidence may not be used as the sole basis for committing a person under this part." [4] In Allen, 873 So.2d at 579, we noted that section 394.918(3) provides that the committed individual is entitled to counsel at the limited probable cause hearing....

...and release of those persons found to be sexually violent predators. The Act sets forth a procedure for commitment and includes provisions for the annual examination of committed persons and judicial review of their status. Pertinent to this appeal, section 394.918 of the Florida Statutes provides as follows: 394.918....

...At the hearing, the state bears the burden of proving, by clear and convincing evidence, that the person's mental condition remains such that it is not safe for the person to be at large and that, if released, the person is likely to engage in acts of sexual violence. § 394.918, Fla....

...ould not engage in any acts of sexual violence if discharged. AFFIRMED. GRIFFIN, J., and JOHNSON, T., Associate Judge, concur. NOTES [1] Florida's Involuntary Civil Commitment of Sexually Violent Predators Act, Chapter 394, Florida Statutes. [2] See § 394.918(3), Fla....

...mmitting him to the Department of Children and Family Services (the Department) for treatment. The Act sets forth a procedure for commitment and includes provisions for the annual examination of committed persons and judicial review of their status. Section 394.918, Florida Statutes (1999), states, in pertinent part: (1) A person committed under this part shall have an examination of his or *1215 her mental condition once every year or more frequently at the court's discretion....

...released, the person is likely to engage in acts of sexual violence. Jackson does not claim that the Act is unconstitutional. [3] Instead, he claims that he has been denied due process because of the following: (1) he was not examined as required by section 394.918(1); (2) he was not timely provided with written notice of his right to petition the committing court for release as required by section 394.918(2); and (3) the committing court did not conduct the limited probable cause hearing as required by section 394.918(3)....

...xually violent predator. He is not entitled to release until the committing court concludes, following a probable cause determination and a trial, that the State failed to carry its burden to prove the required elements for continued commitment. See § 394.918(3)-(4), Fla. Stat. (1999). Section 394.918 requires that a committed person's mental condition be examined at least once every year, that the person be given annual written notice of the right to petition the court for release (which notice must contain a waiver of rights), an...

...Respondents contend that it is Jackson's responsibility to retain, or to ask the committing court to appoint, a qualified professional to conduct the annual mental examination for purposes of court review. We disagree and determine that Jackson is entitled to relief on this issue. Section 394.918(1) establishes the requirement for an annual, or more frequent, examination of the committed person's mental condition....

...the person may request that a qualified professional be appointed by the court. The results of the examination are to be provided to the court that committed the person, and the court shall conduct a review of the person's status under the Act. Id. Section 394.918(2) describes the Department's obligation to give notice to the committed person and the committed person's right to petition the court for release. Section 394.918(3) addresses the requirement that a limited probable cause hearing be held; if the court determines that there is probable cause to believe it is safe to release the person, the issue is to be set for trial. Under section 394.918(4), the State has the burden to prove by clear and convincing evidence that the requirements for continuing commitment are met. Read in its entirety, section 394.918 does not support respondents' position....

...[5] A person who could not or would not initiate the examination process would potentially be subject to indefinite detention, at taxpayer expense, without any further examination or judicial review even though the person was no longer a threat. Although the parties suggest different interpretations of section 394.918, whenever possible we must look to the plain language of the statute to determine *1218 its meaning....

...Levine, 734 So.2d 1191, 1194 (Fla. 2d DCA 1999). Moreover, the statute's "plain and ordinary meaning must be given effect unless to do so would lead to an unreasonable or ridiculous result." City of Miami Beach v. Galbut, 626 So.2d 192, 193 (Fla.1993). We find that the meaning of section 394.918 is discernable from its language....

...By statute, the commitment term will last until such time as his "mental abnormality or personality disorder has so changed that it is safe" for him to be at large. Id. Mr. Allen is entitled to "an examination of his ... mental condition once every year." § 394.918(1). This process began when the Department presented Mr. Allen with a form titled "Waiver of Rights under section 394.918, Florida Statutes." The form provided, in part: "If you do not wish to have your annual clinical evaluation or do not wish to petition for release from commitment, please indicate appropriately below." It further provided: "I hereby waive my right to my annual clinical examination *578 for the current year .......

...Allen ceased upon the filing of the notice of appeal from the commitment order and would not resume until an adversarial action was pending. On appeal, Mr. Allen asserts two arguments: first, that he was entitled to and did not receive the probable cause hearing required by section 394.918(3); and second, that he was entitled to appointed counsel....

...8, 2004) (citations omitted). As we noted in Jackson v. State, 802 So.2d 1213, 1214 (Fla. 2d DCA 2002), the "Act sets forth a procedure for commitment and includes provisions for the annual examination of committed persons and judicial review of their status." Section 394.918(1) requires that the committed person undergo an examination of his mental condition at least once a year....

...ed the person. Furthermore, "[u]pon receipt of the report, the court shall conduct a review of the person's status." Id. The statute does not describe the review that the circuit court is required to conduct. We conclude that the status review under section 394.918(1) requires the circuit court to review the report of the mental examination as well as to determine whether the *579 court file contains the annual written notice of the person's right to petition for release and the waiver of rights form, which are required to be forwarded to the court pursuant to section 394.918(2). After performing this ministerial function, the circuit court is then required to hold the limited probable cause hearing described in section 394.918(3), at which the committed person is entitled to be represented by counsel even though he is not entitled to be present at the hearing. Section 394.918(3) states that the circuit court "shall" hold a limited probable cause hearing....

...of the trial court's ruling in his case. Without doubt, this was a procedural due process violation. In reaching our decision, we reject the State's argument that the circuit court is required to hold the limited probable cause hearing described in section 394.918(3) only if the committed person has filed a petition for discharge....

...person's condition has so changed that he or she would not be a danger to the health and safety of others if discharged. The committed person shall have the right to be present and to have an attorney represent him or her at the show cause hearing. Section 394.918 of the Florida Act contains similar provisions but with important distinctions....

...Allen was presented with a waiver of his right to petition for release and he refused to sign the waiver. Immediate relief is not appropriate in this case. See Jackson v. State, 802 So.2d 1213, 1215-16 (Fla. 2d DCA 2002) (holding that the failure of the circuit court to comply with section 394.918, including the failure of the circuit court to hold the limited probable cause hearing described in section 394.918(3), does not entitle a committed person to immediate release because "the alleged violations of the Act's notice, examination, and review procedures are not the cause of [the committed person's] detention"). Accordingly, we deny the petition for writ of habeas corpus. However, we grant the petition for writ of mandamus and direct the circuit court to hold a limited probable cause hearing pursuant to section 394.918(3), with counsel representing Mr....

...Allen as mandated, unless Mr. Allen has been afforded such a hearing within the last calendar year. Petition for writ of habeas corpus denied; petition for writ of mandamus granted with directions. NORTHCUTT and SILBERMAN, JJ., concur. NOTES [1] Pursuant to section 394.918(1), a committed person "shall have an examination of his or her mental condition" at least once every year....

...to be at large." § 394.917(2), Fla. Stat. (2002). Subsequent to this commitment, one found to be within the classification is periodically examined, at least annually, and a determination is to be made whether he or she may be released safely. See § 394.918, Fla....

...either the committing court or a hearing officer with the authority to afford release. See id. § 394.467(7); id. § 394.4655(7). And even people committed under Florida’s Sexually Violent Predators Act receive periodic judicial review by the committing court. Id. § 394.918(1), (3)....

...White, who by order of the Bay County Circuit Court was civilly committed to the custody of the Department of Children and Families under the Jimmy Ryce Act, [1] petitions for mandamus relief to compel the Department and the committing court to perform their respective duties under section 394.918, Florida Statutes (2007)....

...2d DCA 2002), holds that a petition for writ of mandamus in the appellate court is the proper remedy in that instance, we certify conflict with Jackson on this point. Nonetheless, we are satisfied by the Department's response in this case that it has discharged its obligations under subsections 394.918(1) and (2), having furnished its most recent annual report and a copy of its notice to White of his right to petition for release to the committing court in late August 2007. Accordingly, we deny White's claim against the Department on that basis. On the other hand, where the requirements of subsections 394.918(1) and (2) have been satisfied but the committing *1236 court has neglected its duty to conduct the limited probable cause hearing called for by subsection (3), that is a matter properly raised by petition for writ of mandamus filed in the appellate court having jurisdiction over the committing court....

...g the filing of the Department's most recent report concerning petitioner's mental condition. [3] Accordingly, we grant the petition to the extent of directing the committing court to promptly conduct the limited probable cause hearing called for by section 394.918(3), if it has not already done so....

...he person to be at large.” § 394.917(2), Fla. Stat. Subsequent to commitment, persons classified under the Act are periodically examined, at least annually, and a determination is made as to whether he or she may be released safely. See generally § 394.918, Fla. Stat. (2002). In addition, persons committed under the Act have the right to petition for release. § 394.918(2), Fla....

...sexually violent predators, pursuant to sections 394.910-.930, Florida Statutes (2015).1 In 2015, Barron filed a petition for release from civil commitment, which required the trial court to follow the threshold procedures established in section 394.918(3), Florida Statutes (2015): The court shall hold a limited hearing to determine whether there is probable cause to believe that the person's condition has so changed that it is safe for the person to be at l...

...The court therefore denied the petition, including Barron’s request that the matter be set for trial on Barron’s petition for release.3 We affirm the trial court’s ruling. In doing so, we acknowledge that our holding is based in large part upon the recent amendment to section 394.918(3). Prior to 2014, that subsection provided: 2 Barron’s psychologist met with Barron in person before preparing the evaluation report, and had also performed an evaluation of him in 2012....

...evaluation report as well as other relevant records provided by the State Attorney’s Office, the records related to his initial commitment, and the records generated by the Florida Civil Commitment Center during the period of Barron’s civil commitment. 3 Under section 394.918(3), if a trial court finds probable cause, it shall set the petition for a full determination at a nonjury trial pursuant to section 394.918(4), which provides: At the trial before the court, the person is entitled to be present and is entitled to the benefit of all constitutional protections afforded the person at the initial trial, except for the right to a jury....

...hearing would create significant due process problems. Westerheide v. State, 888 So. 2d 702, 706 (Fla. 5th DCA 2004) (emphasis added). See also Spivey v. State, 100 So. 3d 1254, 1256 (Fla. 5th DCA 2012)(observing: “A judge's review of the evidence in a section 394.918(3) limited probable cause hearing is similar to an evaluation conducted in response to a motion for directed verdict: the court must determine the sufficiency of the evidence presented, without weighing it and making credibility de...

...ble cause; it does not weigh the evidence against any letter from the Florida Civil Commitment Center or other evidence presented by the State”); Fuery v. State, 968 So. 2d 77 (Fla. 4th DCA 2007). In 2014, the Florida Legislature amended section 394.918(3)....

...1992).4 Applying this fundamental rule of statutory construction, we hold that the trial court was authorized under the statute to “weigh and consider” the State’s competing evaluation in assessing whether Barron met his burden of establishing probable cause. It would appear that the 2014 amendment to section 394.918(3) supersedes those corresponding portions of Westerheide and its progeny.5 We affirm, without further discussion, the remaining points raised on appeal. Affirmed. 4 In addition, the legislature is presumed to have been aware of the judicial construction of the existing statute when it enacted the 2014 amendments to section 394.918(3)....

...evidence presented by both parties, the Florida Legislature expressed a clear intent to alter the judicial construction of the statute as set forth in Westerheide. 5Barron did not raise below, or here on appeal, any constitutional challenge to the 2014 amendment to section 394.918(3). 6 

...On June 22, 2007, a jury found Holder to be a sexually violent predator and he was civilly committed to a treatment facility. In 2012, the State sent Holder an annual notice of right to clinical examination and right to petition for release, as required by statute. § 394.918(l)-(2), Fla....

...ting sexually violent predators. See generally §§ 394.910-.932, Fla. Stat. (1999). The Act requires annual mental examinations of persons committed under the Act, and the reports from those examinations are to be provided to the circuit court. Id. § 394.918(1). Committed persons may also retain a qualified professional to examine them, id., and may petition the court for release, id. § 394.918(2)....

...The court is then to “hold a limited hearing to determine whether there is probable cause to believe that the person’s condition has so changed that it is safe for the person to be at large and that the person will not engage in acts of sexual violence if discharged.” Id. § 394.918(3)....

...appellee. GROSS, J. William Fuery appeals an order finding no probable cause to release him from his involuntary civil commitment under the Jimmy Ryce Act, §§ 394.910-394.932, Florida Statutes (2006). Finding that he met his burden of proof at the section 394.918(3) limited probable cause hearing, we reverse the trial court's order and remand for a full trial held pursuant to section 394.918(4)....

...In March, 2007, the circuit court held a "limited hearing to determine whether there is probable cause to believe that [Fuery's] condition ha[d] so changed that it is safe for [Fuery] to be at large and that [Fuery] will not engage in acts of sexual violence if discharged." See § 394.918(3)....

...him to be released and that he will not engage in acts of sexual violence." The court ordered him to remain confined. The trial court erred in weighing the evidence rather than determining its legal sufficiency. A judge's review of the evidence in a section 394.918(3) limited probable cause hearing is similar to an evaluation conducted in response to a motion for directed verdict—the court must determine the sufficiency of the evidence presented, without weighing it and making credibility determinations....

...ioner's evidence is true, and then decide whether there is probable cause to believe that the petitioner's condition has changed. Westerheide, 888 So.2d at 706. If the petitioner satisfies this burden of proof, then a full trial should be held under section 394.918(4)....

...there's not a more likely than not chance that he will re-offend [because] he's now on the other side in terms of risk and in terms of his ability to control his dynamics." We reverse the order finding no probable cause, and remand for a trial under section 394.918(4)....

...ch less that any such disorder makes it likely that he would commit a sexually violent offense. Diagnoses almost five years old as the basis for a hold contested under section 394.917 do not comport with the legislative design of the Jimmy Ryce Act. Section 394.918(1) requires that a person who has been committed have a mental examination “once every year or more frequently at the court’s discretion.” A person who is ordered to be detained under the Jimmy Ryce Act may be entitled to a non-jury trial on the question of his release as often as once a year. 5 See § 394.918(2), Fla....

...He now seeks reversal and remand for a new trial, having abandoned any claim of entitlement to reversal outright with remand for entry of judgment in his favor. Although it is true that he has certain rights to periodic judicial review, the right to trial by jury ends upon initial commitment. See § 394.918(3) and (4), Fla....

...In the present case, appellant’s qualifying or "index” offense was “promoting sexual performance by a child” by photographing children in partial stages of undress in sexually suggestive poses in violation of section 827.071, Florida Statutes (2005). . Section 394.918(2), Florida Statutes (2013) provides: The department shall provide the person with annual written notice of the person's right to petition the court for release over the objection of the director of the facility where the person is housed....

...sentence, Daryl L. Lavender was civilly committed as a sexually violent predator pursuant to the Jimmy Ryce Act ("the Ryce Act"), sections 394.910-.931, Florida Statutes (2003) (entitled "Involuntary Civil Commitment of Sexually Violent Predators"). Section 394.918(1), Florida Statutes (2003), [1] requires that the committed person undergo an examination of his mental condition at least once a year. The results of that examination are then provided to the circuit court that committed the person. Upon receipt of the report, the court is required to review the person's status and then hold a limited probable cause hearing described in section 394.918(3) [2] to determine if the person's "condition has so changed that it is safe for the person to be at large and that the person will not engage in acts of sexual violence of discharged." Id....

...[6] Because Lavender failed to establish a particularized need for the tests or that the tests would assist the expert in making a more definitive determination as to his mental status, we affirm the trial court's order. AFFIRMED. PETERSON and TORPY, JJ., concur. NOTES [1] Section 394.918(1), Florida Statutes (2003), provides: (1) A person committed under this part shall have an examination of his or her mental condition once every year or more frequently at the court's discretion....

...Such a professional shall have access to all records concerning the person. The results of the examination shall be provided to the court that committed the person under this part. Upon receipt of the report, the court shall conduct a review of the person's status. [2] Section 394.918(3), Florida Statutes (2003), provides: 3) The court shall hold a limited hearing to determine whether there is probable cause to believe that the person's condition has so changed that it is safe for the person to be at large and that the person will not engage in acts of sexual violence if discharged....

...(2003) (providing the Rules of Civil Procedure apply to commitment proceedings). The State has the burden of proof by clear and convincing evidence that a JRA defendant's mental condition requires continued confinement and that "if released, [he] is likely to engage in acts of sexual violence." § 394.918(4), Fla....

...probable cause to determine whether he or she qualifies for long-term civil confinement. Thereafter, a person confined under the Act is entitled to annual, or more regular, examinations to determine whether he or she may be eligible for release. See § 394.918(1), Fla....

GRIFFIN, J. Richard Spivey [“Spivey”] appeals an order finding no probable cause to release him from his involuntary civil commitment under the Jimmy Ryce Act. We conclude that Spivey met his burden of proof at the section 394.918(3) limited probable cause hearing and reverse....

...e Jimmy Ryce Act [“the Act”], sections 394.910-.932, Florida Statutes. The court found Spivey to be a sexually violent predator. The Act requires annual mental examinations and annual review hearings for persons committed under it. Specifically, section 394.918(1)-(3), Florida Statutes (2010), provides: 394.918....

...The person has the right to be represented by counsel at the probable cause hearing, but the person is not entitled to be present. If the court determines that there is probable cause to believe it is safe to release the person, the court shall set a trial before the court on the issue. (emphasis added). Pursuant to section 394.918, the State gave Spivey notice in March 2011 that his annual review was due....

...And she spends a lot of time comparing you to other re-offenders in United States. The trial court’s determination of the legal issue of probable cause is subject to a de novo standard of review. State v. Glatzmayer, 789 So.2d 297 (Fla.2001). A judge’s review of the evidence in a section 394.918(3) limited probable cause hearing is similar to an evaluation conducted in response to a motion for directed verdict: the court must determine the sufficiency of the evidence presented, without weighing it and making credibility determinations....

...“[I]f the committed person presents evidence supporting release at a limited probable cause hearing, the trial court considers only that evidence to determine probable cause; it does not weigh the evidence against any ... evidence presented by the State.” See Allen, 927 So.2d at 1074 . Section 394.918(3), Florida Statutes (2010), contains no requirement that the committed person must complete the treatment program established by the Florida Civil Commitment Center....

...committed Lake. This court affirmed on direct appeal without opinion. Lake v. State, No. 4D13-3346, 2016 WL 362916 (Fla. 4th DCA Jan. 28, 2016) (table). In January 2016, the commitment center submitted its annual Treatment Progress Report under section 394.918(1), Florida Statutes (2015). The report recommended that Lake continue treatment. Lake petitioned for release over the objection of the facility director. See § 394.918(2). The parties stipulated that, under section 394.918(3), there was a sufficient basis to hold a trial on Lake’s petition for release. A bench trial was scheduled under section 394.918(4) for January 27, 2016. When Lake’s attorney learned that a local TV station intended to cover the trial, he moved for a protective order to prohibit any outside parties from being present in the courtroom....

...iked to expose himself. At the probable cause hearing, the State made no objection to the trial court relying on Cauley's report to make its probable cause determination. Discussion Two of the procedural safeguards provided by the Jimmy Ryce Act are section 394.918's procedure for annual review and section 394.920's right to petition for release....

...the person's condition has so changed that a probable cause hearing is warranted. The trial court correctly concluded that in the absence of any authority explaining *882 the procedure under section 394.920, it would follow the procedure outlined in section 394.918, which states in pertinent part: Examinations; notice; court hearings for release of committed persons; burden of proof.— 1) A person committed under this part shall have an examination of his or her mental condition once every year or more frequently at the court's discretion....

...ondition remains such that it is not safe for the person to be at large and that, if released, the person is likely to engage in acts of sexual violence. (Emphasis added). A petitioner must meet his or her burden of establishing probable cause under section 394.918 by presenting evidence in the form of testimony or affidavits....

...He was committed to the FCCC in April 2010. See ch. 394, Fla. Stat. (2009). Following such civil commitment, Florida law requires an annual mental examination and a court hearing to determine whether the predator remains dangerous or can be released from commitment. § 394.918....

...s in treatment to the trial court that committed him. The correspondence advised Mr. Jackson that he could hire a qualified professional to conduct another clinical examination and could request a court-appointed professional if he was indigent. See § 394.918(1), Fla....

...al court proceeding that deter *910 mined that he was a sexually violent predator and committed him to FCCC. See § 394.917. . The requirements for annual examination and court hearings for release of committed persons follow a similar sequence. See § 394.918. DCF submits the results of its yearly examination of the committed person to the court that committed the person. § 394.918(1)....

...The trial court holds a hearing “to determine whether there is probable cause to believe that the person’s condition has so changed that it is safe for the person to be at large and that the person will not engage in acts of sexual violence if discharged.” § 394.918(3). If the trial court finds probable cause to believe release is safe, it holds a trial at which it is the State's burden to prove by clear and convincing evidence that the person is likely to engage in sexual violence if released. § 394.918(4)....

...the statute governing annual reviews in effect in Florida. [1] As we agree with the reasoning of the California court in Hardacre, we apply it in the instant case and affirm. AFFIRMED. GRIFFIN, ORFINGER and MONACO, JJ., concur. NOTES [1] Fla. Stat. § 394.918 (2007).

PER CURIAM. We reverse and remand this cause with instructions that the trial court conduct a trial pursuant to section 394.918(3) & (4), Florida Statutes (2013)....

...State, 278 So. 3d 207, 210 (Fla. 1st DCA 2019) (explaining that standard of review is limited to whether trial court’s conclusion is supported by competent substantial evidence); Barron v. State, 217 So. 3d 1088, 1091 (Fla. 3d DCA 2017) (noting that under section 394.918(3), Fla....

CLARK, J. Frank Mitchell appeals the circuit court’s denial, after non-jury trial, of his petition for release from civil commitment pursuant to section 394.918, Florida Statutes....

...917, Florida Statutes. This order was affirmed without opinion on direct appeal. Mitchell v. State, 939 So.2d 1064 (Fla. 1st DCA 2006). Appellant filed his petition for release from the custody of the Department of Children and Families, pursuant to section 394.918, Florida Statutes. After finding probable cause under section 394.918(3), Florida Statutes, the trial court ordered a non-jury trial on the petition....

...The trial judge noted in his order that “I am presented with the testimony of two very knowledgeable and articulate experts in the area who have reached completely different conclusions on the central issue before me.” The central issue before the trial court, pursuant to section 394.918(4), Florida Statutes, was whether the State had shown by clear and convincing evidence that Appellant’s mental condition remained such that “it is not safe for the person to be at large and that, if released, the person is likely to engage in acts of sexual violence.” Unlike Stephens v. State, 43 So.3d 709 (Fla. 1st DCA 2010), this is not a case of the State’s failure to present adequate evidence to meet its burden of proof under section 394.918(4), Florida Statutes....

PER CURIAM. The trial court erred in allowing Dr. Eric Jensen to testify telephonically at the appellant’s annual review trial held pursuant to section 394.918(3), Florida *382 Statutes (2010), of the Involuntary Civil Commitment of Sexually Violent Predators Act, also known as the Jimmy Ryce Act....

...5th DCA 2012) (quoting Chukes v. State, 840 So.2d 255 (Fla. 5th DCA 2003)). Upon petition for release from commitment, the Act affords the detainee a limited hearing to establish probable cause that a change in condition renders him safe to be released. § 394.918(3), Fla....

...(2013). The burden is on the petitioner to prove probable cause. See Westerheide v. State, 888 So.2d 702, 705 (Fla. 5th DCA 2004). If the petitioner establishes probable cause, he is entitled to a nonjury trial to determine his . fitness to be released. § 394.918(3), Fla....

...5th DCA 2009) (concluding that expert’s report was legally insufficient because it did not address the offenses for which the petitioner had most recently been imprisoned). But if the evidence is sufficient to establish probable cause, the court must set the issue for trial. § 394.918(3), Fla....

...We realize that the Act was recently amended in a way that renders this opinion inapplicable to future cases. The Legislature amended the Act to allow the State to present evidence at the probable cause hearing and to allow the court to weigh all of the evidence presented. See Ch. 2014-2, Laws of Fla. (codified at § 394.918(3), Fla....

...Those committed 3  USCA11 Case: 16-11722 Date Filed: 11/09/2020 Page: 4 of 31 under the statute are entitled to periodic judicial review to make that determination. Fla. Stat. § 394.918(1). A state-court judge in Escambia County ordered a hearing at the Escambia County Courthouse in Pensacola, Florida, to determine whether Bilal was eligible for release from civil confinement....

...Those committed 3  USCA11 Case: 16-11722 Date Filed: 11/23/2020 Page: 4 of 31 under the statute are entitled to periodic judicial review to make that determination. Fla. Stat. § 394.918(1). A state-court judge in Escambia County ordered a hearing at the Escambia County Courthouse in Pensacola, Florida, to determine whether Bilal was eligible for release from civil confinement....

...Before SCALES, MILLER and BOKOR, JJ. PER CURIAM.  Juan Francisco Vega petitions for belated appeal of a trial court order finding no probable cause to release Vega from his involuntary civil commitment under the Jimmy Ryce Act. See § 394.918(1), Fla....

...continuing his involuntary commitment based upon a finding that there is no probable cause to believe that his condition has so changed that it is safe for him to be at large and that he will not engage in acts of sexual violence if discharged. See § 394.918, Fla....

...Camper was not receiving adequate treatment of this condition, and that therefore he could not receive meaningful treatment as a sexually violent predator to secure his future release. Counsel later withdrew this claim and proceeded solely on the issue of whether or not probable cause was established under section 394.918....

...the Jimmy Ryce Act.” Id. at 574. In reaching this conclusion, the court referenced the fact that the statute requires that a person who has already been committed have a mental examination “once every year or more frequently at the court’s discretion.” Id. (quoting § 394.918(1), Fla....

...l evaluations become stale after one year. Nor do we believe that the statute mandates such a bright-line rule. Nowhere in the plain language of the statute is there any requirement of an evaluation within the year preceding trial. See §§ 394.917, 394.918, Fla. Stat. Rather, the statutory language centers on the right, post-trial, to an annual review and evaluation due to the nature of the commitment. See § 394.918, Fla....

...Lawton was determined to be a sexually violent predator under the Jimmy Ryce Act, section 394.910 et seq. of the Florida Statutes.1 He has been subject to civil commitment at a treatment facility since his release from prison in 2010. On January 6, 2022, Lawton filed a “Petition for Release” pursuant to section 394.918, alleging that there is probable cause to believe that Lawton’s “condition has so changed that his release will pose no danger to the community, and he will not engage in acts of sexual violence if released.” The trial...

...in the circuit court. Vega argued that 1 §§ 394.910-.932, Fla. Stat. (2015). he was entitled to immediate release because the Department had not been conducting the annual mental health examinations required by section 394.918(1), Florida Statutes (2015)....

...The circuit court denied Vega's petition, and he appealed. We converted the appeal to a petition for writ of mandamus, see Jackson v. State, 802 So. 2d 1213, 1218 (Fla. 2d DCA 2002), and we ordered the Department to show cause why this court should not issue a writ directing it to comply with section 394.918(1)....

...In response, the Department filed copies of treatment progress reports, as well as letters it had provided to Vega informing him of his right to have an independent mental health evaluation. Vega replied by filing copies of transcripts of the annual review hearings held by the court pursuant to section 394.918(3). It is clear from both the treatment progress reports filed by the Department and the hearing transcripts filed by Vega that, since his commitment, Vega has affirmatively refused to be examined by the Department's mental health evaluators for purposes of the required annual review. But axiomatically, Vega may not affirmatively refuse to be examined and then use the lack of an examination report to argue that the Department is not fulfilling its statutory obligations under section 394.918(1)....

...Florida Dept. of Children & Families, 981 So. 2d 1233, 1235 (Fla. 1st DCA 2008); Jackson v. State, 802 So. 2d 1213, 1216 (Fla. 2d DCA 2002) (recognizing that immediate release is not the proper remedy for violations of the post-commitment procedures in section 394.918, Florida Statutes). LEWIS, OSTERHAUS, and KELSEY, JJ., concur. 2 

...Florida Dept. of Children & Families, 981 So.2d 1233, 1235 (Fla. 1st DCA 2008); Jackson v. State, 802 So.2d 1213, 1216 (Fla. 2d DCA 2002) (recognizing that immediate release is not the proper remedy for violations of the post-commitment procedures in section 394.918, Florida Statutes)....

...respondent, a Jimmy Ryce Act detainee, has so changed that it is safe for respondent to be at large and that he will not engage in acts of sexual violence if he is released. The matter was therefore scheduled for a non-jury trial in accordance with section 394.918(3), Florida Statutes....

...nvoluntary Commitment of Sexually Violent Predators 4.470 (Post Commitment Proceedings). We have jurisdiction. See art. V, § 2(a), Fla. Const. The Committee unanimously proposes amendments to rule 4.470 in response to recent amendments to section 394.918, Florida Statutes (2013), made by Chapter 2014-2, § 6, Laws of Florida, and which become effective July 1, 2014. See ch....

...First, the amendment reflects that respondents have the right to be present at a post-commitment probable cause hearing. Second, both the State and the respondent may present evidence at the hearing. And third, the word “retained” is removed from the rule because section 394.918(3) provides that the respondent has the right to be represented by counsel, which is retained or appointed....

...Following a three day jury trial in August 2011, Appellant was found to be a sexually violent predator and civilly committed under the Jimmy Ryce Act, sections 394.910-394.932, Florida Statutes. The Act requires annual reviews for continued commitment. § 394.918, Fla....

...Appellant contends that the State offered insufficient evidence that commitment was serving its purpose of providing mental health treatment. Appellant’s argument that the State is required to prove the value of treatment in the recidivism equation under section 394.918(4) is contrary to the holding in Westerheide v....

...), entitled “Involuntary Civil Commitment of Sexually Violent Predators” (the Act), seeks a writ of habeas corpus ordering his immediate release from confinement. Alternatively, he seeks a writ of mandamus ordering the trial court to comply with section 394.918(3) of the Act....

...This case is governed by our holding in Allen v. State, 873 So.2d 576 (Fla. 2d DCA 2004). Accordingly, we deny the petition for writ of habeas corpus and grant the petition for writ of mandamus. We direct the circuit court to hold a limited probable cause hearing pursuant to section 394.918(3), with counsel representing Mr....

GRIFFIN, J. Kenneth Chukes [“Chukes”] appeals an order finding no probable cause to release him from his involuntary civil commitment under the Jimmy Ryce Act. See § 394.918(4), Fla. Stat. (2010). We reverse because Chukes met his burden of proof at the section 394.918(3) limited probable cause hearing, and is entitled to a trial....

...By statute, the commitment term will last until such time as his “mental abnormality or personality disorder has so changed that it is safe” for him to be at large. Id. The Act requires annual mental examinations and annual review hearings for persons committed under it. Specifically, section 394.918(l)-(3), Florida Statutes (2010), provides: 394.918....

...The person has the right to be represented by counsel at the probable cause hearing, but the person is not entitled to be present. If the court determines that there is probable cause to believe it is safe to release the person, the court shall set a trial before the court on the issue. (Emphasis added). Pursuant to section 394.918, the State gave Chukes notice in February 2011 that his annual review was due....

...exists to support a finding of probable cause. The trial court’s determination of the legal issue of probable cause is subject to a de novo standard of review. State v. Glatzmayer, 789 So.2d 297 (Fla.2001). A judge’s review of the evidence in a section 394.918(3) limited probable cause hearing is similar to an evaluation conducted in response to a motion for directed verdict in that the court must determine the sufficiency of the evidence presented without weighing it and making credibility determinations....

...’s evidence is true, and then decide whether there is probable cause to believe that the petitioner’s condition has changed. Westerheide, 888 So.2d at 706 . If the petitioner satisfies this burden of proof, then a full trial should be held under section 394.918(4)....

...The 2011 report discusses each of the rationales for *956 his 2011 conclusion. Reviewing the report in the light most favorable to Chukes, he presented sufficient evidence at the limited probable cause hearing, and he was entitled to a full trial pursuant to section 394.918(4)....

..., entitléd “Involuntary Civil Commitment of Sexually Violent Predators” (the Act), seeks a writ of habeas corpus ordering his immediate release from confinement. Alternatively, he seeks a writ of mandamus ordering the trial court to comply with section 394.918(3) of the Act....

...This case is governed by our holding in Allen v. State, 873 So.2d 576 (Fla. 2d DCA *709 2004). Accordingly, we deny the petition for writ of habeas corpus and grant the petition for writ of mandamus. We direct the circuit court to hold a limited probable cause hearing pursuant to section 394.918(3), with counsel representing Mr....

...), entitled “Involuntary Civil Commitment of Sexually Violent Predators” (the Act), seeks a writ of habeas corpus ordering his immediate release from confinement. Alternatively, he seeks a writ of mandamus ordering the trial court to comply with section 394.918(3) of the Act....

...This case is governed by our holding in Allen v. State, 873 So.2d 576 (Fla. 2d DCA 2004). Accordingly, we deny the petition for writ of habeas corpus and grant the petition for writ of mandamus. We direct the circuit court to hold a limited probable cause hearing pursuant to section 394.918(3), with counsel representing Mr....

...The Governing Statute. Florida’s Involuntary Civil Commitment of Sexually Violent Predators Act, formerly called the Jimmy Ryce Act, 2 sets forth a procedural path for determining when those committed for treatment are eligible for release. § 394.918, Fla. Stat. They receive an examination of their mental condition at least once a year; and they may retain, or receive at public expense, a qualified professional to perform an examination. § 394.918(1). Examination results are furnished to the trial court that committed the individual, and the court “shall conduct a review of the person’s status.” Id. The individual may petition for release over the objection of the facility’s director. § 394.918(2)....

...kidnapping, rape, and murder. For an overview of the Act and its history, see Morel v. Wilkins, 84 So. 3d 226, 232–33 (Fla. 2012). 2  the person, the court shall set a trial before the court on the issue. § 394.918(3). If the court finds probable cause on the safety and re- offending issues, the court conducts a bench trial to determine the individual’s entitlement to release. § 394.918(3), (4). Facts. Appellant attended the probable-cause hearing, and was represented by appointed counsel....

...presented a written professional evaluation report by Dr. Shadle. The trial court reviewed both reports, heard argument of counsel, and ruled that Appellant had failed to demonstrate “probable cause to believe it is safe to release” him. See id. § 394.918(3). The facility’s report and professional evaluation noted that Appellant was committed with diagnoses of a rape fantasy disorder, a personality disorder with narcissistic and antisocial features, alcohol and cocaine use disorders, and antisocial personality disorder....

..., and did not authorize trial courts to weigh conflicting evidence. That changed with the 2014 amendment, as the Third District explained in Barron v. State, 217 So. 3d 1088, 1091 (Fla. 3d DCA 2017): In 2014, the Florida Legislature amended section 394.918(3)....

...10- 932, Florida Statutes (2021), provides for the involuntary civil exist to believe Donovan’s condition has so changed that it is safe for him to be at large, and that he will not engage in acts of sexual violence if released. We affirm. Section 394.918 provides that a committed person, such as Donovan, is entitled to an examination of his or her mental condition at least once every year, and that the person may “petition the court for release over the objection of the director of the facility where the person is housed.” § 394.918(1)–(2), Fla. Stat....

...Thereafter, the trial court will “hold a limited hearing to determine whether there is probable cause to believe that the person’s condition has so changed that it is safe for the person to be at large and that the person will not engage in acts of sexual violence if discharged.” § 394.918(3)....

...to conscientiously entertain a reasonable belief that the committed person’s mental abnormality or personality disorder has so changed that the person is safe to be at large.” Id. at 139 (citation omitted). But the statute has changed since Holder. At the time of the limited hearing in Holder, section 394.918 did not expressly authorize the state to present evidence and did not permit the trial court to weigh evidence. Section 394.918(3) now provides that “[b]oth the petitioner and the respondent may present evidence that the court may weigh and consider.” As a result, our analysis to the contrary in Holder no longer applies, and arguing on appeal that a commit...

...n the treatment program.” Spivey, 100 So. 3d at 1257 (emphasis added). As such, we reasoned the evidence in Spivey supported a finding of probable cause because the statute does not require a committed person to complete treatment. Id. at 1256 (“Section 394.918(3), Florida Statutes (2010), contains no requirement that the committed person must complete the treatment program established by the Florida Civil Commitment Center.”). The situation in Spivey stands in stark contrast to Donovan’s condition in this case....

...his behavior has not changed “in positive ways”—all because he continues to suffer from the same personality disorder that caused his offenses in the first place. 4 4 We are also aware that Spivey was decided based on the prior version of section 394.918, Florida Statutes. 6  The State’s Report (Dr....

...limited hearing before the trial court as to whether there is probable cause of a change of condition that the person will not engage in sexual violence, if discharged. If the court finds probable cause, then the court will set a trial on the issue. § 394.918, Fla....

...Anthony Williams appeals an order finding no probable cause to release him from his involuntary civil commitment as a sexually violent offender pursuant to sections 394.910-.932, Florida Statutes (2010). Finding that he met his burden of proof at the limited probable cause hearing held pursuant to section 394.918(3), we reverse the trial court’s order and remand for trial held pursuant to section 394.918(4)....

...Civil Commitment Center or other evidence presented by the State. In re Commitment of Allen, 927 So.2d 1070, 1074 (Fla. 2d DCA 2006). Having considered this matter de novo, we reverse the order finding no probable cause and remand for a trial under section 394.918(4)....

...Martinez, Public Defender, and Shannon Hemmendinger, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee. Before EMAS, SCALES and GORDO, JJ. PER CURIAM.  Affirmed. See § 394.918(3), Fla....

...is safe for the person to be at large and that the person will not engage in acts of sexual violence if discharged.”); Abaunza v. State, 278 So. 3d 207, 210 (Fla. 1st DCA 2019) (holding that the appellate court reviews whether a trial court’s section 394.918(3) probable cause determination is supported by competent, substantial evidence); Barron v. State, 217 So. 3d 1088, 1091 (Fla. 3d DCA 2017) (holding that, pursuant to section 394.918(3), the trial court may weigh and consider competing evaluations of a petitioner who is seeking release from involuntary civil commitment). 2 

...The Second District stated the following in certifying the case to this Court: This case is an extreme example, but from our anecdotal experience, it is not unique. The statute contemplates that detainees will receive a speedy trial and then will receive annual reviews. § 394.918, Fla....

...where he continues to be held. In 2017, he claimed eligibility for the statutorily-required annual DCF evaluation of his mental condition and fitness to return to society despite being currently in prison; he would have this right if held in DCF’s custody. See § 394.918(1), Fla....

...Subsequent to entering the Civil Commitment Center (CCC), the American Psychiatric Association issued DSM-5, removing paraphilia NOS (non-consenting females) as a mental disorder. Mr. Bilal then petitioned for release claiming that he no longer possessed a commitment-qualifying mental disorder under the Act. See §§ 394.918(2) and .920, Fla. Stat. The trial court found probable cause and held a trial as to whether Mr. Bilal should be released. See § 394.918(3)-(4), Fla....

...a trial, the State must show by clear and convincing evidence that “the person’s mental condition remains such that it is not safe for the person to be at large and that, if released, the person is likely to engage in acts of sexual violence.” § 394.918(4), Fla....

...Stat.) establish the latest version of the DSM as the basis of making either the “mental abnormality or personality disorder” diagnosis required for an initial commitment under the Act (see § 394.912(10)), or the mental condition diagnosis that must “remain” for purposes of considering a petition for release in § 394.918(4)....

...The debate over the validity of the paraphilia NOS diagnosis may inform the weight given to the competing psychologist’s expert opinions; but ultimately this case hinges on whether Mr. Bilal’s real-life condition remains or has changed, irrespective of the DSM-5’s current clinical nomenclature. §- 394.918(4), Fla....

...5th DCA 2012), is whether appellant, Frank Sherman, has presented sufficient probable cause to believe a trial is appropriate to determine whether it is safe to release him back into society. Appellant was committed under the Sexually Violent Predators Act and has petitioned for a hearing under Florida Statute 394.918 for such a trial. Section 394.918(3) provides for a “limited hearing” to determine whether probable cause exists to believe that the person’s condition has so changed that it is safe for the person to be at large and that the person will not engage in acts of sexual violence if discharged....

...Daniels, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. After a non-jury trial pursuant to section 394.918(4), Florida Statutes, [1] the trial court entered an order finding that "the State has proven by clear and convincing evidence that [Appellant]'s mental condition remains such that it is not safe for [him] to be at large and that, if...

...f the motion in light of this opinion. REVERSED and REMANDED. BENTON, C.J., WETHERELL, and RAY, JJ., concur. NOTES [1] Contrary to the State's argument in its brief, the record clearly establishes that the order on appeal resulted from a trial under section 394.918(4), not a probable cause hearing under subsection (3).

...On March 31, 2006, the trial court entered an order of involuntary commitment, which we affirmed. In August of 2006, Stephens consented to participate in sex offender treatment at the Florida Civil Commitment Center (FCCC). Appellant filed a petition for annual review of his mental condition pursuant to section 394.918(1), Florida Statutes. Following a limited hearing, the trial court found probable cause to warrant Stephens' release. The court set the case for trial in accordance with section 394.918(3), Florida Statutes....

...." At a recommitment hearing under the Jimmy Ryce Act, "the state bears the burden of proving, by clear and convincing evidence, that the person's mental condition remains such that it is not safe for the person to be at large and that, if released, the person is likely to engage in acts of sexual violence." § 394.918(4), Fla....

...McKee does not have a statutory or constitutional right to preclude the director of his facility from employing a particular psychologist or psychiatrist to prepare his annual evaluation. However, he does have the right to an independent evaluator. See § 394.918(1) ("A person committed under this part shall have an examination of his or her mental condition once every year or more frequently at the court’s discretion....

...ated this case by filing a petition for writ of habeas corpus in the circuit court. Ruiz unsuccessfully asserted that he is entitled to immediate release because the Department has not been conducting annual mental health examinations as required by section 394.918(1), Florida Statutes (2012). We converted Ruiz’s appeal to a petition for writ of mandamus and ordered the Department to show cause why this court should not issue a writ directing it to comply with section 394.918(1). The Department filed copies of treatment progress reports from 2013-2015 which it asserted comply with section 394.918(1)....

...Ruiz unsuccessfully asserted that he is entitled to 1 §§ 394.910-.930, Florida Statutes (2012). immediate release because the Department has not been conducting annual mental health examinations as required by section 394.918(1), Florida Statutes (2012). We converted Ruiz's appeal to a petition for writ of mandamus and ordered the Department to show cause why this court should not issue a writ directing it to comply with section 394.918(1). The Department filed copies of treatment progress reports from 2013-2015 which it asserted comply with section 394.918(1)....

...ons of confinement. See § 394.9215, Fla. Stat. (2010). This case is an extreme example, but from our anecdotal experience, it is not unique. The statute contemplates that detainees will receive a speedy trial 2 and then will receive annual reviews. § 394.918, Fla....

...The person committed is then periodically examined to determine whether he or she may safely be released into society. Potentially, therefore, a person committed under this procedure could be held in a secure facility for the remainder of that person’s life. See § 394.918, Fla....

trial court for a nonjury trial pursuant to section 394.918(4), Florida Statutes (2018), to determine whether

trial court for a nonjury trial pursuant to section 394.918(4), Florida Statutes (2018), to determine whether

PER CURIAM. After de novo review, we conclude that Appellant made a sufficient showing of probable cause to be entitled to a trial pursuant to section 394.918(3), Florida Statutes....

...Martinez, Public Defender, and Susan S. Lerner, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for appellee. Before SCALES, GORDO and LOBREE, JJ. PER CURIAM.  Affirmed. See § 394.918(3), Fla....

...is safe for the person to be at large and that the person will not engage in acts of sexual violence if discharged.”); Abaunza v. State, 278 So. 3d 207, 210 (Fla. 1st DCA 2019) (holding that the appellate court reviews whether a trial court’s section 394.918(3) probable cause determination is supported by competent, substantial evidence); Barron v. State, 217 So. 3d 1088, 1091 (Fla. 3d DCA 2017) (holding that, pursuant to section 394.918(3), the trial court may weigh and consider competing evaluations of a petitioner who is seeking release from involuntary civil commitment). 2