CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1159784
...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. Section
394.920, titled "Petition for release," governs the procedure pursuant to which a committed person may file "a petition for discharge at any time after commitment" without the approval of the Department. [2] Section
394.920 is separate from, and does not trigger, the annual limited probable cause hearing. Although section
394.920 states that a subsequent petition for discharge filed without Department approval "shall be denied unless the petition contains facts upon which a court could find that the person's condition has so changed that a probable cause heari...
...d person to petition "the court for conditional release and subsequent unconditional discharge without the recommendation or concurrence of the Director of Mental Health." Cal. Welf. & Inst.Code § 6608(a) (West 2003). This provision is analogous to section 394.920 of Florida's Act....
CopyCited 2 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 211, 2013 Fla. LEXIS 567, 2013 WL 1338042
...Stat. (2005) (stating that the DCF secretary or the secretary’s designee must authorize the individual to petition the court for release if it is determined that the individual “is not likely to commit acts of sexual violence if discharged”); § 394.920, Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 9362, 2009 WL 1703271
...Richard Spivey was involuntarily committed under the Jimmy Ryce Act in 2006, after his release from prison on a charge of lewd and lascivious exhibition in the presence of a person under age sixteen. In 2008, Spivey petitioned for release pursuant to section 394.920, Florida Statutes, based on a doctor's report concluding that "it is safe for [Spivey] to be at large and that he will not engage in acts of sexual violence if released." Undergirding this opinion is the examiner's conclusion that Spivey's diagnosed behaviorexhibitionismis not sexually violent conduct....
...l review of Richard Spivey, recommending that he continue treatment at FCCC because he had "yet to fully address relevant treatment issues ... that may be associated with his offending history." In May 2008, Spivey petitioned for release pursuant to section 394.920, Florida Statutes (2008), alleging in part the following: Committed Person was evaluated by Dr....
...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. Larimore v. State,
2 So.3d 101, 116 (Fla.2008). Section
394.920 states, Petition for release.A person is not prohibited from filing a petition for discharge at any time after commitment under this part....
...petition contains facts upon which a court could find that 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...
