Florida Statute 394.918 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 394.918

Annotations, Discussions, Cases:

Cases Citing Statute 394.918

Total Results: 65

Westerheide v. State

831 So. 2d 93, 2002 WL 31319386

Supreme Court of Florida | Filed: Oct 17, 2002 | Docket: 1722942

Cited 151 times | Published

of which are submitted to the court. See id. § 394.918(1). Further, an individual seeking release from

Westerheide v. State

767 So. 2d 637, 2000 WL 1434081

District Court of Appeal of Florida | Filed: Sep 29, 2000 | Docket: 1661448

Cited 54 times | Published

engage in acts of sexual violence if discharged." § 394.918(3), Fla. Stat. (1999). We also find that the provisions

Hudson v. State

825 So. 2d 460, 2002 WL 1770486

District Court of Appeal of Florida | Filed: Aug 2, 2002 | Docket: 1398951

Cited 16 times | Published

mental condition" at least once each year. Id. § 394.918(1). The person may file in the circuit court a

Hudson v. State

825 So. 2d 460, 2002 WL 1770486

District Court of Appeal of Florida | Filed: Aug 2, 2002 | Docket: 1398951

Cited 16 times | Published

mental condition" at least once each year. Id. § 394.918(1). The person may file in the circuit court a

In Re Commitment of Allen

927 So. 2d 1070, 2006 WL 1300601

District Court of Appeal of Florida | Filed: May 12, 2006 | Docket: 1765031

Cited 8 times | Published

section 394.917, Florida Statutes (1999). Section 394.918 establishes the following procedure for persons

Westerheide v. State

888 So. 2d 702, 2004 WL 2623925

District Court of Appeal of Florida | Filed: Nov 19, 2004 | Docket: 1327703

Cited 7 times | Published

of their status. Pertinent to this appeal, section 394.918 of the Florida Statutes provides as follows:

Jackson v. State

802 So. 2d 1213, 2002 WL 21707

District Court of Appeal of Florida | Filed: Jan 9, 2002 | Docket: 1332948

Cited 7 times | Published

persons and judicial review of their status. Section 394.918, Florida Statutes (1999), states, in pertinent

J.R. v. Michael Hansen

736 F.3d 959, 2013 WL 6223684, 2013 U.S. App. LEXIS 17380

Court of Appeals for the Eleventh Circuit | Filed: Aug 20, 2013 | Docket: 673032

Cited 4 times | Published

review by the committing court. Id. § 394.918(1), (3). It is clear, therefore, that where the

Williams v. State

889 So. 2d 804, 2004 WL 2815919

Supreme Court of Florida | Filed: Dec 9, 2004 | Docket: 1742659

Cited 4 times | Published

whether he or she may be released safely. See § 394.918, Fla. Stat. (2002). Given this statutory scheme

Allen v. State

873 So. 2d 576, 2004 WL 1159784

District Court of Appeal of Florida | Filed: May 26, 2004 | Docket: 1733026

Cited 4 times | Published

of his ... mental condition once every year." § 394.918(1). This process began when the Department presented

Barron v. State

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

District Court of Appeal of Florida | Filed: Apr 12, 2017 | Docket: 4684206

Cited 3 times | Published

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

Morel v. Wilkins

84 So. 3d 226, 37 Fla. L. Weekly Supp. 161, 2012 WL 739209, 2012 Fla. LEXIS 490

Supreme Court of Florida | Filed: Mar 8, 2012 | Docket: 60306685

Cited 3 times | Published

speedy trial and then will receive annual reviews. § 394.918, Fla. Stat. (1999-2010). Once the right to the

White v. Dept. of Children and Families

981 So. 2d 1233, 2008 WL 2048282

District Court of Appeal of Florida | Filed: May 15, 2008 | Docket: 2514778

Cited 3 times | Published

court to perform their respective duties under section 394.918, Florida Statutes (2007). In pertinent part

Hartzog v. State

133 So. 3d 570, 2014 WL 594354, 2014 Fla. App. LEXIS 2094

District Court of Appeal of Florida | Filed: Feb 17, 2014 | Docket: 60238816

Cited 2 times | Published

legislative design of the Jimmy Ryce Act. Section 394.918(1) requires that a person who has been committed

Holder v. State

123 So. 3d 136, 2013 WL 5575234, 2013 Fla. App. LEXIS 16200

District Court of Appeal of Florida | Filed: Oct 11, 2013 | Docket: 60234984

Cited 2 times | Published

petition for release, as required by statute. § 394.918(l)-(2), Fla. Stat. (1999). It attached the FCCC’s

Fuery v. State

968 So. 2d 77, 2007 WL 3274871

District Court of Appeal of Florida | Filed: Nov 7, 2007 | Docket: 1745298

Cited 2 times | Published

Finding that he met his burden of proof at the section 394.918(3) limited probable cause hearing, we reverse

Lavender v. State

889 So. 2d 882, 2004 WL 2776225

District Court of Appeal of Florida | Filed: Dec 3, 2004 | Docket: 1742658

Cited 2 times | Published

Commitment of Sexually Violent Predators"). Section 394.918(1), Florida Statutes (2003),[1] requires that

Corey Lake v. State of Florida

193 So. 3d 932, 44 Media L. Rep. (BNA) 2073, 2016 Fla. App. LEXIS 4928, 2016 WL 1239868

District Court of Appeal of Florida | Filed: Mar 30, 2016 | Docket: 3049150

Cited 1 times | Published

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

Jackson v. State

166 So. 3d 906, 2015 Fla. App. LEXIS 9208, 2015 WL 3757071

District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 60248411

Cited 1 times | Published

dangerous or can be released from commitment. § 394.918. In November 2011, Mr. Jackson was charged with

Spivey v. State

100 So. 3d 1254, 2012 Fla. App. LEXIS 19827, 2012 WL 5623648

District Court of Appeal of Florida | Filed: Nov 16, 2012 | Docket: 60225610

Cited 1 times | Published

that Spivey met his burden of proof at the section 394.918(3) limited probable cause hearing and reverse

Spivey v. State

12 So. 3d 880, 2009 Fla. App. LEXIS 9362, 2009 WL 1703271

District Court of Appeal of Florida | Filed: Jun 19, 2009 | Docket: 2545081

Cited 1 times | Published

safeguards provided by the Jimmy Ryce Act are section 394.918's procedure for annual review and section 394

Richie v. State

987 So. 2d 807, 2008 WL 3154084

District Court of Appeal of Florida | Filed: Aug 8, 2008 | Docket: 2567887

Cited 1 times | Published

and MONACO, JJ., concur. NOTES [1] Fla. Stat. § 394.918 (2007).

Williams v. State

882 So. 2d 1082, 29 Fla. L. Weekly Fed. D 2011

District Court of Appeal of Florida | Filed: Sep 1, 2004 | Docket: 1289595

Cited 1 times | Published

likely to engage in acts of sexual violence." § 394.918(4), Fla. Stat. (2004). Our state supreme court

In Re Commitment of Sutton

828 So. 2d 1081, 2002 WL 31396927

District Court of Appeal of Florida | Filed: Oct 25, 2002 | Docket: 1523180

Cited 1 times | Published

whether he or she may be eligible for release. See § 394.918(1), Fla. Stat. (2000). We assume that these procedural

Juan Francisco Vega v. the State of Florida

District Court of Appeal of Florida | Filed: Jul 16, 2025 | Docket: 70808523

Published

then the court will set a trial on the issue. § 394.918, Fla. Stat. (2024). 2 Venue is proper in Miami-Dade

Michael Donovan v. State of Florida

District Court of Appeal of Florida | Filed: Jul 26, 2024 | Docket: 68829076

Published

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

Brian Gelish v. The State of Florida

District Court of Appeal of Florida | Filed: Jul 10, 2024 | Docket: 68929122

Published

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

Eric Boyington v. The State of Florida

District Court of Appeal of Florida | Filed: Apr 10, 2024 | Docket: 68422861

Published

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

Clarence Lawton v. The State of Florida

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313516

Published

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

JUAN FRANCISCO VEGA v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 2, 2022 | Docket: 65654675

Published

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

District Court of Appeal of Florida | Filed: Oct 6, 2021 | Docket: 60627041

Published

1091 (Fla. 3d DCA 2017) (noting that under section 394.918(3), Fla. Stat., as amended in 2014, a trial

Jamaal Ali Bilal v. Geo Care, LLC

Court of Appeals for the Eleventh Circuit | Filed: Nov 23, 2020 | Docket: 18681073

Published

review to make that determination. Fla. Stat. § 394.918(1). A state-court judge in Escambia County

Jamal Ali Bilal v. GEO Care, LLC

Court of Appeals for the Eleventh Circuit | Filed: Nov 9, 2020 | Docket: 18617326

Published

review to make that determination. Fla. Stat. § 394.918(1). A state-court judge in Escambia County

Alvaro Ignacio Abaunza v. State of Florida

District Court of Appeal of Florida | Filed: Jul 29, 2019 | Docket: 15979028

Published

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

Freeman v. State

268 So. 3d 926

District Court of Appeal of Florida | Filed: Apr 18, 2019 | Docket: 64711817

Published

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

Freeman v. State

268 So. 3d 926

District Court of Appeal of Florida | Filed: Apr 18, 2019 | Docket: 64711818

Published

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

Reginald A. Walker v. State of Florida

262 So. 3d 884

District Court of Appeal of Florida | Filed: Feb 5, 2019 | Docket: 14534773

Published

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

249 So. 3d 703

District Court of Appeal of Florida | Filed: Jun 4, 2018 | Docket: 7024335

Published

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

JAMES T. STENGEL v. STATE OF FLORIDA

248 So. 3d 127

District Court of Appeal of Florida | Filed: May 2, 2018 | Docket: 6383135

Published

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

Vega v. Department of Children & Families

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

District Court of Appeal of Florida | Filed: Mar 31, 2017 | Docket: 4667146

Published

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

Ruiz v. Department of Children & Families

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

District Court of Appeal of Florida | Filed: Dec 30, 2016 | Docket: 60263365

Published

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

Ruiz v. Department of Children & Families

District Court of Appeal of Florida | Filed: Dec 30, 2016 | Docket: 4560311

Published

mental health examinations as required by section 394.918(1), Florida Statutes (2012). We converted

Robert Brzozowski v. State of Florida

District Court of Appeal of Florida | Filed: Mar 20, 2016 | Docket: 3046110

Published

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

Brzozowski v. State

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

District Court of Appeal of Florida | Filed: Mar 17, 2016 | Docket: 60256165

Published

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

Gauthier v. State

162 So. 3d 1086, 2015 Fla. App. LEXIS 5570, 2015 WL 1736857

District Court of Appeal of Florida | Filed: Apr 17, 2015 | Docket: 60247374

Published

cause to be entitled to a trial pursuant to section 394.918(3), Florida Statutes. Accordingly, we reverse

Jamaal Ali Bilal v. State

157 So. 3d 1093, 2015 Fla. App. LEXIS 2845, 2015 WL 848069

District Court of Appeal of Florida | Filed: Feb 27, 2015 | Docket: 60245901

Published

to whether Mr. Bilal should be released. See § 394.918(3)-(4), Fla. Stat. Ultimately, however, the court

Kakuk v. State

148 So. 3d 845, 2014 Fla. App. LEXIS 16938, 2014 WL 5284987

District Court of Appeal of Florida | Filed: Oct 17, 2014 | Docket: 60243628

Published

in condition renders him safe to be released. § 394.918(3), Fla. Stat. (2013). The burden is on the petitioner

Fielding v. State

147 So. 3d 1080, 2014 Fla. App. LEXIS 15036, 2014 WL 4774001

District Court of Appeal of Florida | Filed: Sep 26, 2014 | Docket: 60243072

Published

the trial court conduct a trial pursuant to section 394.918(3) & (4), Florida Statutes (2013). Spivey v

In Re AMENDMENTS TO FLORIDA RULE OF CIVIL PROCEDURE FOR INVOLUNTARY COMMITMENT OF SEXUALLY VIOLENT PREDATORS 4.470

140 So. 3d 996, 39 Fla. L. Weekly Supp. 372, 2014 WL 2883410, 2014 Fla. LEXIS 1809

Supreme Court of Florida | Filed: Jun 5, 2014 | Docket: 58778

Published

4.470 in response to recent amendments to section 394.918, Florida Statutes (2013), made by Chapter 2014-2

McKee v. Jacobo

127 So. 3d 857, 2013 WL 6246167, 2013 Fla. App. LEXIS 19202

District Court of Appeal of Florida | Filed: Dec 4, 2013 | Docket: 60236899

Published

have the right to an independent evaluator. See § 394.918(1) ("A person committed under this part shall

Sherman v. State

107 So. 3d 1225, 2013 WL 645661, 2013 Fla. App. LEXIS 2940

District Court of Appeal of Florida | Filed: Feb 22, 2013 | Docket: 60228607

Published

petitioned for a hearing under Florida Statute 394.918 for such a trial. Section 394.918(3) provides for a “limited

Brown v. State

101 So. 3d 381, 2012 WL 5275471, 2012 Fla. App. LEXIS 18688

District Court of Appeal of Florida | Filed: Oct 26, 2012 | Docket: 60226278

Published

appellant’s annual review trial held pursuant to section 394.918(3), Florida *382Statutes (2010), of the Involuntary

Mitchell v. State

98 So. 3d 694, 2012 WL 4512773, 2012 Fla. App. LEXIS 16702

District Court of Appeal of Florida | Filed: Oct 3, 2012 | Docket: 60312526

Published

release from civil commitment pursuant to section 394.918, Florida Statutes. Finding no error in the

Williams v. State

92 So. 3d 288, 2012 WL 2864387, 2012 Fla. App. LEXIS 11390

District Court of Appeal of Florida | Filed: Jul 13, 2012 | Docket: 60310194

Published

limited probable cause hearing held pursuant to section 394.918(3), we reverse the trial court’s order and

Chukes v. State

90 So. 3d 950, 2012 WL 2359762, 2012 Fla. App. LEXIS 10113

District Court of Appeal of Florida | Filed: Jun 22, 2012 | Docket: 60309719

Published

civil commitment under the Jimmy Ryce Act. See § 394.918(4), Fla. Stat. (2010). We reverse because Chukes

ROELING v. State

79 So. 3d 934, 2012 WL 516171, 2012 Fla. App. LEXIS 2404

District Court of Appeal of Florida | Filed: Feb 17, 2012 | Docket: 161327

Published

CURIAM. After a non-jury trial pursuant to section 394.918(4), Florida Statutes,[1] the trial court entered

Morel v. Sheldon

59 So. 3d 1082, 2011 WL 189483

Supreme Court of Florida | Filed: Jan 21, 2011 | Docket: 60299562

Published

speedy trial and then will receive annual reviews. § 394.918, Fla. Stat. (1999-2010). Once the right to the

Morel v. Sheldon

67 So. 3d 1062, 2010 Fla. App. LEXIS 18305, 2010 WL 4861507

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 60301921

Published

trial2 and then will receive annual reviews. § 394.918, Fla. Stat. (1999-2010). Once the right to the

Stephens v. State

43 So. 3d 709, 2010 Fla. App. LEXIS 1419, 2010 WL 480991

District Court of Appeal of Florida | Filed: Feb 12, 2010 | Docket: 2400718

Published

review of his mental condition pursuant to section 394.918(1), Florida Statutes. Following a limited hearing

Camper v. State

928 So. 2d 1275, 2006 Fla. App. LEXIS 8234, 2006 WL 1449951

District Court of Appeal of Florida | Filed: May 26, 2006 | Docket: 64844646

Published

in acts of sexual violence if discharged. See § 394.918, Fla. Stat. (2004). The finding was made during

State v. Godbolt

895 So. 2d 536, 2005 Fla. App. LEXIS 3203, 2005 WL 562636

District Court of Appeal of Florida | Filed: Mar 11, 2005 | Docket: 64836474

Published

scheduled for a non-jury trial in accordance with section 394.918(3), Florida Statutes. We conclude that petitioner

Stanley v. State

875 So. 2d 796, 2004 Fla. App. LEXIS 8927, 2004 WL 1415469

District Court of Appeal of Florida | Filed: Jun 25, 2004 | Docket: 64831146

Published

mandamus ordering the trial court to comply with section 394.918(3) of the Act. This case is governed by our

Freeze v. State

875 So. 2d 731, 2004 Fla. App. LEXIS 8308, 2004 WL 1284158

District Court of Appeal of Florida | Filed: Jun 11, 2004 | Docket: 64831115

Published

mandamus ordering the trial court to comply with section 394.918(3) of the Act. This case is governed by our

Branch v. State

874 So. 2d 708, 2004 Fla. App. LEXIS 7711, 2004 WL 1196076

District Court of Appeal of Florida | Filed: Jun 2, 2004 | Docket: 64830947

Published

mandamus ordering the trial court to comply with section 394.918(3) of the Act. This case is governed by our

Williams v. State

852 So. 2d 433, 2003 Fla. App. LEXIS 12553, 2003 WL 21993961

District Court of Appeal of Florida | Filed: Aug 22, 2003 | Docket: 64824400

Published

for the remainder of that person’s life. See § 394.918, Fla. Stat. (2001). Clearly, therefore, the liberty