Cases from cite.case.law:

L. FREEMAN, v. STATE, 268 So. 3d 926 (Fla. App. Ct. 2019)

. . . Barry Freeman appeared before the trial court for a nonjury trial pursuant to section 394.918(4), Florida . . . address and resolve the sole issue of whether the State met its evidentiary burden of proof under section 394.918 . . . and remand for the trial court to determine whether the State met its burden of proof under section 394.918 . . .

A. WALKER, v. STATE, 262 So. 3d 884 (Fla. App. Ct. 2019)

. . . See § 394.918(1), Fla. Stat. . . .

CAMPBELL, III, v. STATE, 249 So. 3d 703 (Fla. App. Ct. 2018)

. . . . § 394.918, Fla. Stat. . . . that the State is required to prove the value of treatment in the recidivism equation under section 394.918 . . .

T. STENGEL, v. STATE, 248 So. 3d 127 (Fla. App. Ct. 2018)

. . . (quoting § 394.918(1), Fla. Stat.). . . . See §§ 394.917, 394.918, Fla. Stat. . . . See § 394.918, Fla. Stat. . . .

GOLDEN, v. STATE, 231 So. 3d 593 (Fla. Dist. Ct. App. 2017)

. . . Following an annual review hearing in 2014, the trial court, pursuant to section 394.918(3), Florida . . . to be at large and that, if released, the person is likely to engage in acts of sexual violence.” § 394.918 . . .

BARRON, v. STATE, 217 So. 3d 1088 (Fla. Dist. Ct. App. 2017)

. . . commitment, which required the trial court to follow the threshold procedures established in section 394.918 . . . In 2014, the Florida Legislature amended section 394.918(3). . . . It would appear that the 2014 amendment to section 394.918(3) supersedes those corresponding portions . . . 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 . . .

VEGA, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 214 So. 3d 775 (Fla. Dist. Ct. App. 2017)

. . . because the Department had not been conducting the annual mental health examinations required by section 394.918 . . . Department to show cause why this court should not issue a writ directing it to comply with section 394.918 . . . by filing copies of transcripts of the annual review hearings held by the court pursuant to section 394.918 . . . examination report to argue that the Department is not fulfilling its statutory obligations under section 394.918 . . .

RUIZ, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 212 So. 3d 431 (Fla. Dist. Ct. App. 2016)

. . . because the Department has not been conducting annual mental health examinations as required by section 394.918 . . . Department to show cause why this court should not issue a writ directing it to comply with section 394.918 . . . Department filed copies of treatment progress reports from 2013-2015 which it asserted comply with section 394.918 . . .

LAKE, v. STATE, 193 So. 3d 932 (Fla. Dist. Ct. App. 2016)

. . . In January 2016, the commitment center submitted its annual Treatment Progress Report under section 394.918 . . . See § 394.918(2).- The parties stipulated that, under section 394.918(3), there was a sufficient basis . . . A bench trial was scheduled under section 394.918(4) for January 27, 2016. . . .

BRZOZOWSKI, v. STATE, 197 So. 3d 1103 (Fla. Dist. Ct. App. 2016)

. . . immediate release is not the proper remedy for violations of the post-commitment procedures in section 394.918 . . .

I. ABAUNZA, v. STATE, 180 So. 3d 1201 (Fla. Dist. Ct. App. 2015)

. . . . §§ 394.918-.920, Fla. . . .

I. JACKSON, v. STATE, 166 So. 3d 906 (Fla. Dist. Ct. App. 2015)

. . . . § 394.918. In November 2011, Mr. . . . See § 394.918(1), Fla. Stat. (2013). . . . See § 394.918. . . . . § 394.918(1). . . . .” § 394.918(3). . . .

J. R. v. PALMER,, 175 So. 3d 710 (Fla. 2015)

. . . 394.467(7), Florida Statutes, and involuntary commitment of sexually violent predators under sections 394.918 . . . 394.467(7), Florida Statutes, and involuntary commitments of sexually violent predators under sections 394.918 . . .

GAUTHIER, v. STATE, 162 So. 3d 1086 (Fla. Dist. Ct. App. 2015)

. . . Appellant made a sufficient showing of probable cause to be entitled to a trial pursuant to section 394.918 . . .

JAMAAL ALI BILAL, a k a L. v. STATE, 157 So. 3d 1093 (Fla. Dist. Ct. App. 2015)

. . . See §§ 394.918(2) and .920, Fla. Stat. . . . See § 394.918(3)-(4), Fla. Stat. Ultimately, however, the court denied Mr. . . . to be at large and that, if released, the person is likely to engage in acts of sexual violence.” § 394.918 . . . mental condition diagnosis that must “remain” for purposes of considering a petition for release in § 394.918 . . . real-life condition remains or has changed, irrespective of the DSM-5’s current clinical nomenclature. §- 394.918 . . .

KAKUK, v. STATE, 148 So. 3d 845 (Fla. Dist. Ct. App. 2014)

. . . . § 394.918(3), Fla. Stat. (2013). The burden is on the petitioner to prove probable cause. . . . establishes probable cause, he is entitled to a nonjury trial to determine his . fitness to be released. § 394.918 . . . if the evidence is sufficient to establish probable cause, the court must set the issue for trial. § 394.918 . . . (codified at § 394.918(3), Fla. Stat.). The amendment is silent as to retroactive applicability. . . .

R. FIELDING, v. STATE, 147 So. 3d 1080 (Fla. Dist. Ct. App. 2014)

. . . reverse and remand this cause with instructions that the trial court conduct a trial pursuant to section 394.918 . . .

In AMENDMENTS TO FLORIDA RULE OF CIVIL PROCEDURE FOR INVOLUNTARY COMMITMENT OF SEXUALLY VIOLENT PREDATORS, 140 So. 3d 996 (Fla. 2014)

. . . Committee unanimously proposes amendments to rule 4.470 in response to recent amendments to section 394.918 . . . And third, the word “retained” is removed from the rule because section 394.918(3) provides that the . . .

HARTZOG, v. STATE, 133 So. 3d 570 (Fla. Dist. Ct. App. 2014)

. . . Section 394.918(1) requires that a person who has been committed have a mental examination “once every . . . See § 394.918(2), Fla. Stat. (2013). . . . See § 394.918(3) and (4), Fla. Stat. (2013). . . . Section 394.918(2), Florida Statutes (2013) provides: The department shall provide the person with annual . . .

McKEE, v. JACOBO, As, 127 So. 3d 857 (Fla. Dist. Ct. App. 2013)

. . . See § 394.918(1) ("A person committed under this part shall have an examination of his or her mental . . .

HOLDER, v. STATE, 123 So. 3d 136 (Fla. Dist. Ct. App. 2013)

. . . . § 394.918(l)-(2), Fla. Stat. (1999). . . . Id. § 394.918(1). . . . . § 394.918(2). . . . Id. § 394.918(3). . . .

J. R. v. HANSEN,, 736 F.3d 959 (11th Cir. 2013)

. . . . § 394.918(1), (3). . . .

KAKUK, v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES, STATE OF FLORIDA,, 516 F. App'x 901 (11th Cir. 2013)

. . . . § 394.918 that a court examine the “mental condition” of a person committed under the Jimmy Ryce Act . . . Id. § 394.918(1). . . . Id. § 394.918(3). . . . Id. § 394.918(3)-(4). . . .

SHERMAN, v. STATE, 107 So. 3d 1225 (Fla. Dist. Ct. App. 2013)

. . . committed under the Sexually Violent Predators Act and has petitioned for a hearing under Florida Statute 394.918 . . . Section 394.918(3) provides for a “limited hearing” to determine whether probable cause exists to believe . . .

SPIVEY, v. STATE, 100 So. 3d 1254 (Fla. Dist. Ct. App. 2012)

. . . We conclude that Spivey met his burden of proof at the section 394.918(3) limited probable cause hearing . . . Specifically, section 394.918(1)-(3), Florida Statutes (2010), provides: 394.918. . . . Pursuant to section 394.918, the State gave Spivey notice in March 2011 that his annual review was due . . . A judge’s review of the evidence in a section 394.918(3) limited probable cause hearing is similar to . . . Section 394.918(3), Florida Statutes (2010), contains no requirement that the committed person must complete . . .

BROWN, v. STATE, 101 So. 3d 381 (Fla. Dist. Ct. App. 2012)

. . . Eric Jensen to testify telephonically at the appellant’s annual review trial held pursuant to section 394.918 . . .

MITCHELL, v. STATE, 98 So. 3d 694 (Fla. Dist. Ct. App. 2012)

. . . denial, after non-jury trial, of his petition for release from civil commitment pursuant to section 394.918 . . . petition for release from the custody of the Department of Children and Families, pursuant to section 394.918 . . . After finding probable cause under section 394.918(3), Florida Statutes, the trial court ordered a non-jury . . . The central issue before the trial court, pursuant to section 394.918(4), Florida Statutes, was whether . . . case of the State’s failure to present adequate evidence to meet its burden of proof under section 394.918 . . .

WILLIAMS, v. STATE, 92 So. 3d 288 (Fla. Dist. Ct. App. 2012)

. . . 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). . . . matter de novo, we reverse the order finding no probable cause and remand for a trial under section 394.918 . . .

CHUKES, v. STATE, 90 So. 3d 950 (Fla. Dist. Ct. App. 2012)

. . . 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 . . . Specifically, section 394.918(l)-(3), Florida Statutes (2010), provides: 394.918. . . . Pursuant to section 394.918, the State gave Chukes notice in February 2011 that his annual review was . . . A judge’s review of the evidence in a section 394.918(3) limited probable cause hearing is similar to . . .

MOREL, v. E. WILKINS,, 84 So. 3d 226 (Fla. 2012)

. . . . § 394.918, Fla. Stat. (1999-2010). . . . See generally § 394.918, Fla. Stat. (2002). . . . . § 394.918(2), Fla. Stat. . . .

ROELING, v. STATE, 79 So. 3d 934 (Fla. Dist. Ct. App. 2012)

. . . After a non-jury trial pursuant to section 394.918(4), Florida Statutes, the trial court entered an order . . . brief, the record clearly establishes that the order on appeal resulted from a trial under section 394.918 . . .

MOREL, s v. H. SHELDON, s s v. s, 59 So. 3d 1082 (Fla. 2011)

. . . . § 394.918, Fla. Stat. (1999-2010). . . .

In COMMITMENT OF MOREL, v., 67 So. 3d 1062 (Fla. Dist. Ct. App. 2010)

. . . . § 394.918, Fla. Stat. (1999-2010). . . .

STEPHENS, v. STATE, 43 So. 3d 709 (Fla. Dist. Ct. App. 2010)

. . . Appellant filed a petition for annual review of his mental condition pursuant to section 394.918(1), . . . The court set the case for trial in accordance with section 394.918(3), Florida Statutes. . . . to be at large and that, if released, the person is likely to engage in acts of sexual violence.” § 394.918 . . .

SPIVEY, v. STATE, 12 So. 3d 880 (Fla. Dist. Ct. App. 2009)

. . . Discussion Two of the procedural safeguards provided by the Jimmy Ryce Act are section 394.918’s procedure . . . authority explaining the procedure under section 394.920, it would follow the procedure outlined in section 394.918 . . . A petitioner must meet his or her burden of establishing probable cause under section 394.918 by presenting . . .

LARIMORE, v. STATE, 2 So. 3d 101 (Fla. 2008)

. . . that the person requires commitment. 831 So.2d at 105; see also §§ 394.916(3)-(5), 394.917(1), (3), 394.918 . . .

E. RICHIE, v. STATE, 987 So. 2d 807 (Fla. Dist. Ct. App. 2008)

. . . . § 394.918 (2007). . . .

C. WHITE, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, 981 So. 2d 1233 (Fla. Dist. Ct. App. 2008)

. . . to compel the Department and the committing court to perform their respective duties under section 394.918 . . . by the Department’s response in this case that it has discharged its obligations under subsections 394.918 . . . On the other hand, where the requirements of subsections 394.918(1) and (2) have been satisfied but the . . . directing the committing court to promptly conduct the limited probable cause hearing called for by section 394.918 . . .

FUERY, v. STATE, 968 So. 2d 77 (Fla. Dist. Ct. App. 2007)

. . . 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). . . . See § 394.918(3). . . . A judge’s review of the evidence in a section 394.918(3) limited probable cause hearing is similar to . . . We reverse the order finding no probable cause, and remand for a trial under section 394.918(4). . . .

In COMMITMENT OF CAMPER. v., 928 So. 2d 1275 (Fla. Dist. Ct. App. 2006)

. . . See § 394.918, Fla. Stat. (2004). . . . claim and proceeded solely on the issue of whether or not probable cause was established under section 394.918 . . .

In COMMITMENT OF ALLEN. v., 927 So. 2d 1070 (Fla. Dist. Ct. App. 2006)

. . . Section 394.918 establishes the following procedure for persons committed under this chapter: (1) A person . . . Pursuant to section 394.918(3), Allen was entitled to an annual probable cause hearing to determine if . . . The language in section 394.918 differentiating the proceedings required under that section supports . . . Section 394.918(4) specifically provides that at that trial, “the state bears the. burden of proving, . . . The omission of the emphasized language from section 394.918(3) suggests that the legislature did not . . .

STATE v. GODBOLT, Jr., 895 So. 2d 536 (Fla. Dist. Ct. App. 2005)

. . . The matter was therefore scheduled for a non-jury trial in accordance with section 394.918(3), Florida . . .

WILLIAMS, v. STATE, 889 So. 2d 804 (Fla. 2004)

. . . See § 394.918, Fla. Stat. (2002). . . .

L. LAVENDER, v. STATE, 889 So. 2d 882 (Fla. Dist. Ct. App. 2004)

. . . Section 394.918(1), Florida Statutes (2003), requires that the committed person undergo an examination . . . required to review the person’s status and then hold a limited probable cause hearing described in section 394.918 . . . Section 394.918(1), Florida Statutes (2003), provides: (1) A person committed under this part shall have . . . Section 394.918(3), Florida Statutes (2003), provides: 3) The court shall hold a limited hearing to determine . . .

WESTERHEIDE, v. STATE, 888 So. 2d 702 (Fla. Dist. Ct. App. 2004)

. . . Pertinent to this appeal, section 894.918 of the Florida Statutes provides as follows: - 394.918. . . . to be at large and that, if released, the person is likely to engage in acts of sexual violence. § 394.918 . . . See § 394.918(3), Fla. Stat. (2002). . . .

WILLIAMS, v. STATE, 882 So. 2d 1082 (Fla. Dist. Ct. App. 2004)

. . . .” § 394.918(4), Fla. Stat. (2004). . . .

STANLEY, v. STATE, 875 So. 2d 796 (Fla. Dist. Ct. App. 2004)

. . . Alternatively, he seeks a writ of mandamus ordering the trial court to comply with section 394.918(3) . . . We direct the circuit court to hold a limited probable cause hearing pursuant to section 394.918(3), . . .

FREEZE, v. STATE, 875 So. 2d 731 (Fla. Dist. Ct. App. 2004)

. . . Alternatively, he seeks a writ of mandamus ordering the trial court to comply with section 394.918(3) . . . We direct the circuit court to hold a limited probable cause hearing pursuant to section 394.918(3), . . .

BRANCH, v. STATE, 874 So. 2d 708 (Fla. Dist. Ct. App. 2004)

. . . Alternatively, he seeks a writ of mandamus ordering the trial court to comply with section 394.918(3) . . . We direct the circuit court to hold a limited probable cause hearing pursuant to section 394.918(3), . . .

ALLEN, v. STATE, 873 So. 2d 576 (Fla. Dist. Ct. App. 2004)

. . . .” § 394.918(1). This process began when the Department presented Mr. . . . Alen with a form titled “Waiver of Rights under section 394.918, Florida Statutes.” . . . Section 394.918(1) requires that the committed person undergo an examination of his mental condition . . . Section 394.918(3) states that the circuit court “shall” hold a limited probable cause hearing. . . . Section 394.918 of the Florida Act contains similar provisions but with important distinctions. . . .

WILLIAMS, v. STATE v., 852 So. 2d 433 (Fla. Dist. Ct. App. 2003)

. . . See § 394.918, Fla. Stat. (2001). . . .

STATE v. GOODE,, 830 So. 2d 817 (Fla. 2002)

. . . Sections 394.918-.930 of the Ryce Act provide for the civil commitment of “sexually violent predators . . .

WESTERHEIDE, v. STATE, 831 So. 2d 93 (Fla. 2002)

. . . See §§ 394.9155(7), 394.918(l)-(2) Fla. Stat. (2001). . . . See id. § 394.918(1). . . . See id. § 394.918(2). . See § 394.916(3), (4), Fla. Stat. (2001). . See id. § 394.916(5). . . . . See id. § 394.918. . See id. §§ 394.918(2), 394.920. . See id. § 394.918(4). . . . .

HUDSON, v. STATE, 825 So. 2d 460 (Fla. Dist. Ct. App. 2002)

. . . . § 394.918(1). . . . Id. § 394.918(3). . . . Id. § 394.918(4). . . . Id. §§ 394.917(1), 394.918(4), 394.919(2). Appellant’s reliance on Kansas v. . . .

JACKSON, v. STATE, 802 So. 2d 1213 (Fla. Dist. Ct. App. 2002)

. . . Section 394.918, Florida Statutes (1999), states, in pertinent part: (1) A person committed under this . . . See § 394.918(3)-(4), Fla. Stat. (1999). . . . Under section 394.918(4), the State has the burden to prove by clear and convincing evidence that the . . . Read in its entirety, section 394.918 does not support respondents’ position. . . . We find that the meaning of section 394.918 is discernable from its language. . . .

WESTERHEIDE, v. STATE, 767 So. 2d 637 (Fla. Dist. Ct. App. 2000)

. . . See §§ 394.918-.920, Fla. Stat. (1999). . . . consideration of less restrictive alternatives in post commitment proceedings brought under sections 394.918 . . . person to be at large and that the person will not engage in acts of sexual violence if discharged.” § 394.918 . . . See §§ 394.918-.920, Fla. Stat. (1999). V. The Jury Instructions. . . . and (5) the right to subsequent examinations and hearings to determine the right to release, see §§ 394.918 . . . . § 394.918, Fla. Stat. . See, e.g., Cuda v. . . .