Florida Statute 394.918 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

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F.S. 394.918

394.918 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. The person may retain or, if the person is indigent and so requests, the court may appoint, a qualified professional to examine the person. 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) 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. The notice must contain a waiver of rights. The director of the facility shall forward the notice and waiver form to the court.

(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. The person has the right to be represented by counsel at the probable cause hearing and the right to be present. Both the petitioner and the respondent may present evidence that the court may weigh and consider. 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.

(4) 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. The state attorney shall represent the state and has the right to have the person examined by professionals chosen by the state. 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.

History.—s. 10, ch. 98-64; s. 13, ch. 99-222; s. 6, ch. 2014-2.

Note.—Former s. 916.38.

F.S. 394.918 on Google Scholar

F.S. 394.918 on Casetext

Amendments to 394.918

Arrestable Offenses / Crimes under Fla. Stat. 394.918

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.918.

Annotations, Discussions, Cases:

Cases Citing Statute 394.918

Total Results: 20

Michael Donovan v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-07-26

Snippet: violence if released. We affirm. Section 394.918 provides that a committed person, such as Donovan

Brian Gelish v. The State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-07-10

Snippet: GORDO, JJ. PER CURIAM. Affirmed. See § 394.918(3), Fla. Stat. (2023) (“The court shall hold a

Eric Boyington v. The State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-04-10

Snippet: LOBREE, JJ. PER CURIAM. Affirmed. See § 394.918(3), Fla. Stat. (2023) (“The court shall hold a

Clarence Lawton v. The State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-03-06

Snippet: a “Petition for Release” pursuant to section 394.918, alleging that there is probable cause to believe

JUAN FRANCISCO VEGA v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-11-02

Snippet: civil commitment under the Jimmy Ryce Act. See § 394.918(1), Fla. Stat. (2022). Because the instant proceedings

DOLPHUS DONALDSON v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-10-06

Snippet: (Fla. 3d DCA 2017) (noting that under section 394.918(3), Fla. Stat., as amended in 2014, a trial court

Alvaro Ignacio Abaunza v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-07-29

Snippet: committed for treatment are eligible for release. § 394.918, Fla. Stat. They receive an examination of their

Freeman v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-04-18

Citation: 268 So. 3d 926

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

Freeman v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-04-18

Citation: 268 So. 3d 926

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

Reginald A. Walker v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-02-05

Citation: 262 So. 3d 884

Snippet: have this right if held in DCF’s custody. See § 394.918(1), Fla. Stat. (“A person committed under this

Randolph Campbell, III v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-06-04

Citation: 249 So. 3d 703

Snippet: requires annual reviews for continued commitment. § 394.918, Fla. Stat. Here, Appellant challenges the trial

JAMES T. STENGEL v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-05-02

Citation: 248 So. 3d 127

Snippet: frequently at the court’s discretion.” Id. (quoting § 394.918(1), Fla. Stat.).

Barron v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-04-12

Citation: 217 So. 3d 1088, 2017 WL 1363942, 2017 Fla. App. LEXIS 5073

Snippet: the threshold procedures established in section 394.918(3), Florida Statutes (2015): The court shall

Vega v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2017-03-31

Citation: 214 So. 3d 775, 2017 WL 1202368, 2017 Fla. App. LEXIS 4389

Snippet: mental health examinations required by section 394.918(1), Florida Statutes (2015). The circuit court

Ruiz v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2016-12-30

Citation: 212 So. 3d 431, 2016 Fla. App. LEXIS 19227

Snippet: mental health examinations as required by section 394.918(1), Florida Statutes (2012). We converted Ruiz’s

Ruiz v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2016-12-30

Snippet: mental health examinations as required by section 394.918(1), Florida Statutes (2012). We converted Ruiz's

Corey Lake v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-03-30

Citation: 193 So. 3d 932, 44 Media L. Rep. (BNA) 2073, 2016 Fla. App. LEXIS 4928

Snippet: annual Treatment Progress Report under section 394.918(1), Florida Statutes (2015). The report recommended

Robert Brzozowski v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-03-20

Snippet: violations of the post-commitment procedures in section 394.918, Florida Statutes). LEWIS, OSTERHAUS, and KELSEY

Brzozowski v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-03-17

Citation: 197 So. 3d 1103, 2016 Fla. App. LEXIS 4141, 2016 WL 1065937

Snippet: violations of the post-commitment procedures in section 394.918, Florida Statutes). LEWIS, OSTERHAUS, and KELSEY

Abaunza v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-12-11

Citation: 180 So. 3d 1201, 2015 Fla. App. LEXIS 18554, 2015 WL 8519504

Snippet: as long as the need for treatment persists. §§ 394.918-.920, Fla. Stat.; see In re Beverly, 342 So.2d