Florida Statutes
Fla. Stat. § 394.918 (2025)
Examinations; notice; court hearings for release of committed persons; burden of proof.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Note.—Former s. 916.38.
Notes of Decisions
Cited in 71
cases (11 in the last 5 years), 2000–2025 · leading case: Westerheide v. State, 831 So. 2d 93 (Fla. 2002).
Westerheide v. State, 831 So. 2d 93 (Fla. 2002). “Further, an individual seeking release from such commitment must supply the court with a waiver of rights.”
In Re Commitment of Allen, 927 So. 2d 1070 (Fla. 2d DCA 2006). “Section 394.918 establishes the following procedure for persons committed under this chapter: (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.”
Jackson v. State, 802 So. 2d 1213 (Fla. 2d DCA 2002). “Section 394.918, Florida Statutes (1999), states, in pertinent part: (1) A person committed under this part shall have an examination of his or *1215 her mental condition once every year or more frequently at the court's discretion.”
Allen v. State, 873 So. 2d 576 (Fla. 2d DCA 2004). “Allen with a form titled "Waiver of Rights under section 394.918, Florida Statutes." The form provided, in part: "If you do not wish to have your annual clinical evaluation or do not wish to petition for release from commitment, please indicate appropriately below.”
Westerheide v. State, 767 So. 2d 637 (Fla. 5th DCA 2000). “[2] § 394.918, Fla. Stat. [3] See, e.g., Cuda v.”
Jamaal Ali Bilal v. Geo Care, LLC, 981 F.3d 903 (11th Cir. 2020). “Fla. Stat. § 394.918 (1). A state-court judge in Escambia County ordered a hearing at the Escambia County Courthouse in Pensacola, Florida, to determine whether Bilal was eligible for release from civil confinement.”
Morel v. Wilkins, 84 So. 3d 226 (Fla. 2012). “See generally § 394.918, Fla. Stat. (2002). In addition, persons committed under the Act have the right to petition for release.”
Westerheide v. State, 888 So. 2d 702 (Fla. 3d DCA 2004). “§ 394.918, Fla. Stat. (2002)(emphasis added).”
Chukes v. State, 90 So. 3d 950 (Fla. 5th DCA 2012). “Pursuant to section 394.918, the State gave Chukes notice in February 2011 that his annual review was due.”
Hudson v. State, 825 So. 2d 460 (Fla. 1st DCA 2002). “§ 394.918(1). The person may file in the circuit court a petition seeking release at any time after commitment.”
Barron v. State, 217 So. 3d 1088 (Fla. 3d DCA 2017). “1 In 2015, Barron filed a petition for release from civil commitment, which required the trial court to follow the threshold procedures established in section 394.918(3), Florida Statutes (2015): The court shall hold a limited hearing to determine whether there is probable cause…”
Spivey v. State, 100 So. 3d 1254 (Fla. 5th DCA 2012). “Pursuant to section 394.918, the State gave Spivey notice in March 2011 that his annual review was due.”
— 394.918(1) — 21 cases
Westerheide v. State, 831 So. 2d 93 (Fla. 2002). “Further, an individual seeking release from such commitment must supply the court with a waiver of rights.”
Allen v. State, 873 So. 2d 576 (Fla. 2d DCA 2004). “Allen with a form titled "Waiver of Rights under section 394.918, Florida Statutes." The form provided, in part: "If you do not wish to have your annual clinical evaluation or do not wish to petition for release from commitment, please indicate appropriately below.”
Lavender v. State, 889 So. 2d 882 (Fla. 5th DCA 2004).
Jackson v. State, 802 So. 2d 1213 (Fla. 2d DCA 2002). “Section 394.918, Florida Statutes (1999), states, in pertinent part: (1) A person committed under this part shall have an examination of his or *1215 her mental condition once every year or more frequently at the court's discretion.”
Hudson v. State, 825 So. 2d 460 (Fla. 1st DCA 2002). “§ 394.918(1). The person may file in the circuit court a petition seeking release at any time after commitment.”
— 394.918(2) — 9 cases
Westerheide v. State, 831 So. 2d 93 (Fla. 2002). “Further, an individual seeking release from such commitment must supply the court with a waiver of rights.”
Morel v. Wilkins, 84 So. 3d 226 (Fla. 2012). “See generally § 394.918, Fla. Stat. (2002). In addition, persons committed under the Act have the right to petition for release.”
Jackson v. State, 802 So. 2d 1213 (Fla. 2d DCA 2002). “Section 394.918, Florida Statutes (1999), states, in pertinent part: (1) A person committed under this part shall have an examination of his or *1215 her mental condition once every year or more frequently at the court's discretion.”
Hartzog v. State, 133 So. 3d 570 (Fla. 1st DCA 2014).
Allen v. State, 873 So. 2d 576 (Fla. 2d DCA 2004). “Allen with a form titled "Waiver of Rights under section 394.918, Florida Statutes." The form provided, in part: "If you do not wish to have your annual clinical evaluation or do not wish to petition for release from commitment, please indicate appropriately below.”
— 394.918(3) — 37 cases
In Re Commitment of Allen, 927 So. 2d 1070 (Fla. 2d DCA 2006). “Section 394.918 establishes the following procedure for persons committed under this chapter: (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.”
Allen v. State, 873 So. 2d 576 (Fla. 2d DCA 2004). “Allen with a form titled "Waiver of Rights under section 394.918, Florida Statutes." The form provided, in part: "If you do not wish to have your annual clinical evaluation or do not wish to petition for release from commitment, please indicate appropriately below.”
Barron v. State, 217 So. 3d 1088 (Fla. 3d DCA 2017). “1 In 2015, Barron filed a petition for release from civil commitment, which required the trial court to follow the threshold procedures established in section 394.918(3), Florida Statutes (2015): The court shall hold a limited hearing to determine whether there is probable cause…”
Westerheide v. State, 767 So. 2d 637 (Fla. 5th DCA 2000). “[2] § 394.918, Fla. Stat. [3] See, e.g., Cuda v.”
Spivey v. State, 100 So. 3d 1254 (Fla. 5th DCA 2012). “Pursuant to section 394.918, the State gave Spivey notice in March 2011 that his annual review was due.”
— 394.918(4) — 18 cases
Westerheide v. State, 831 So. 2d 93 (Fla. 2002). “Further, an individual seeking release from such commitment must supply the court with a waiver of rights.”
In Re Commitment of Allen, 927 So. 2d 1070 (Fla. 2d DCA 2006). “Section 394.918 establishes the following procedure for persons committed under this chapter: (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.”
Chukes v. State, 90 So. 3d 950 (Fla. 5th DCA 2012). “Pursuant to section 394.918, the State gave Chukes notice in February 2011 that his annual review was due.”
Mitchell v. State, 98 So. 3d 694 (Fla. 1st DCA 2012).
Hudson v. State, 825 So. 2d 460 (Fla. 1st DCA 2002). “§ 394.918(1). The person may file in the circuit court a petition seeking release at any time after commitment.”
— 394.918(l) — 2 cases
Chukes v. State, 90 So. 3d 950 (Fla. 5th DCA 2012). “Pursuant to section 394.918, the State gave Chukes notice in February 2011 that his annual review was due.”
Holder v. State, 123 So. 3d 136 (Fla. 5th DCA 2013).
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