Florida Statute 394.919 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

View Entire Chapter

394.919 Authorized petition for release; procedure.—

(1) If the secretary or the secretary’s designee at any time determines that the person is not likely to commit acts of sexual violence if discharged, the secretary or the secretary’s designee shall authorize the person to petition the court for release. The petition shall be served upon the court and the state attorney. The court, upon receipt of such a petition, shall order a trial before the court within 30 days, unless continued for good cause.

(2) The state attorney shall represent the state, and has the right to have the person examined by professionals of the state attorney’s choice. 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.

History.—s. 11, ch. 98-64; s. 14, ch. 99-222.

Note.—Former s. 916.39.

F.S. 394.919 on Google Scholar

F.S. 394.919 on CourtListener

Amendments to 394.919

Annotations, Discussions, Cases:

Cases Citing Statute 394.919

Total Results: 4 | Sort by: Relevance | Newest First

Copy

Adaway v. State, 902 So. 2d 746 (Fla. 2005).

Cited 39 times | Published | Supreme Court of Florida | 2005 WL 609677

...age in acts of sexual violence if not confined in a secure facility." § 394.912(10)(b), 394.917(1), Fla. Stat. (2004). Thereafter, the person is released only if he or she is found to be "not likely to commit acts of sexual violence if discharged." § 394.919(1), Fla....

Copy

Hudson v. State, 825 So. 2d 460 (Fla. 1st DCA 2002).

Cited 16 times | Published | Florida 1st District Court of Appeal | 2002 WL 1770486

...The person may file in the circuit court a petition seeking release at any time after commitment. Id. § 394.920. If the Department of Children and Family Services has concluded "that the person is not likely to commit acts of sexual violence if discharged," the court must hold a trial. Id. § 394.919(1)....

...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)....

Copy

Allen v. State, 873 So. 2d 576 (Fla. 2d DCA 2004).

Cited 4 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1159784

...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. Because Mr. Allen did not sign the waiver form, we do not address whether the examination requirement may be waived by the committed person. [2] If, pursuant to section 394.919(1), a committed person files a petition for release with the authorization of the Department, the trial court is required to set the case for trial without first conducting a probable cause hearing.

Copy

State v. Phillips, 119 So. 3d 1233 (Fla. 2013).

Cited 2 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 211, 2013 Fla. LEXIS 567, 2013 WL 1338042

...mitted to the custody of the DCF for "control, care, and treatment until such time as the person’s mental abnormality or personality disorder has so changed that it is safe for the person to be at large." § 394.917(2), Fla. Stat. (2005); see also § 394.919(1), Fla....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.