Florida Statute 394.919 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

View Entire Chapter

F.S. 394.919

394.919 Authorized petition for release; procedure.—

(1) If the secretary or the secretary’s designee at any time determines that the person is not likely to commit acts of sexual violence if discharged, the secretary or the secretary’s designee shall authorize the person to petition the court for release. The petition shall be served upon the court and the state attorney. The court, upon receipt of such a petition, shall order a trial before the court within 30 days, unless continued for good cause.

(2) The state attorney shall represent the state, and has the right to have the person examined by professionals of the state attorney’s choice. 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. 11, ch. 98-64; s. 14, ch. 99-222.

Note.—Former s. 916.39.

F.S. 394.919 on Google Scholar

F.S. 394.919 on Casetext

Amendments to 394.919

Arrestable Offenses / Crimes under Fla. Stat. 394.919

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.919.

Annotations, Discussions, Cases:

Cases Citing Statute 394.919

Total Results: 4

State v. Phillips

Court: Supreme Court of Florida | Date Filed: 2013-04-04

Citation: 119 So. 3d 1233, 38 Fla. L. Weekly Supp. 211, 2013 Fla. LEXIS 567, 2013 WL 1338042

Snippet: " § 394.917(2), Fla. Stat. (2005); see also § 394.919(1), Fla. Stat. (2005) (stating that the DCF secretary

Adaway v. State

Court: Supreme Court of Florida | Date Filed: 2005-03-17

Citation: 902 So. 2d 746, 2005 WL 609677

Snippet: commit acts of sexual violence if discharged." § 394.919(1), Fla. Stat. (2004). The Ryce Act serves at least

Allen v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-05-26

Citation: 873 So. 2d 576, 2004 WL 1159784

Snippet: committed person. [2] If, pursuant to section 394.919(1), a committed person files a petition for release

Hudson v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-08-02

Citation: 825 So. 2d 460, 2002 WL 1770486

Snippet: discharged," the court must hold a trial. Id. § 394.919(1). Otherwise, the court must hold a hearing to