limited probable cause hearing in Florida

2017See 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 *1091 it and making credibility determinations”); In re Commitment of Allen, 927 So.2d 1070, 1074 (Fla. 2d DCA 2006) (observing that “if the committed person presents evidence supporting release at a limited probable cause hearing, the trial court considers only t

2012See In re Commitment of Allen, 927 So.2d 1070, 1074 (Fla. 2d DCA 2006); Westerheide v. State, 888 So.2d 702, 706 (Fla. 5th DCA 2004). “[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 .

2012See In re Commitment of Allen, 927 So.2d 1070, 1074 (Fla. 2d DCA 2006); Westerheide v. State, 888 So.2d 702, 706 (Fla. 5th DCA 2004). “[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 .

2012See In re Commitment of Allen, 927 So.2d 1070, 1074 (Fla. 2d DCA 2006); Westerheide, 888 So.2d at 706 . “[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.” Allen, 927 So.2d at 1074 .

2008See Allen v. State, 873 So.2d 576 (Fla. 2d DCA 2004) (after review of the examination report and performing the ministerial function of determining that the court file contains the annual written notice of rights, the committing court is required to hold the limited probable cause hearing).

2006In 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. *1073 On July 20, 2004, the circuit court held a probable cause hearing and determined that there was no probable cause to believe that Allen's condition had so changed that it was safe for him to be at large and that Allen would not engage in ac

2017See 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 *1091 it and making credibility determinations”); In re Commitment of Allen, 927 So.2d 1070, 1074 (Fla. 2d DCA 2006) (observing that “if the committed person presents evidence supporting release at a limited probable cause hearing, the trial court considers only t

2013In Spivey v. State, 100 So.3d 1254 (Fla. 5th DCA 2012), the evidence presented at the limited probable cause hearing was the FCCC’s annual report and a report by Spivey’s independent psychologist, Dr. Le-porowsky.

2008We conclude that where it is alleged that the review process has not timely commenced because the Department or other examiner has not conducted the required annual examination and furnished the committing court its report, such a claim is properly addressed by motion filed with the committing court, which is in a superior position to determine whether the requirement for an annual examination and report has been discharged, and if not, to order compliance. [2] To the extent Jackson v. State, 802 So.2d 1213 (Fla. 2d DCA 2002), holds that a petition for writ of mandamus in the appellate court i

2004See 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").

2006See L.K. v. Dep't of Juvenile Justice, 917 So.2d 919, 921 (Fla. 1st DCA 2005) ("It is a general canon of statutory construction that, when the legislature includes particular language in one section of a statute but not in another section of the same statute, the omitted language is presumed to have been excluded intentionally."). *1074 At the circuit court hearing, Allen presented no evidence suggesting that there was probable cause to believe that his condition had so changed that it was safe for him to be released and that he would not engage in acts of sexual violence if released.