Florida/Georgia Personal Injury & Workers Compensation

...age in acts of sexual violence if not confined in a secure facility." § 394.912(10)(b), 394.917(1), Fla. Stat. (2004). Thereafter, the person is released only if he or she is found to be "not likely to commit acts of sexual violence if discharged." § 394.919(1), Fla....

...The person may file in the circuit court a petition seeking release at any time after commitment. Id. § 394.920. If the Department of Children and Family Services has concluded "that the person is not likely to commit acts of sexual violence if discharged," the court must hold a trial. Id. § 394.919(1)....

...1804, 60 L.Ed.2d 323 (1979); In re Beverly, 342 So.2d 481, 488 (Fla.1977). The Act provides for involuntary civil commitment. § 394.910, Fla. Stat. (2000). Accordingly, due process is satisfied by the Act's requirement that the state prove its case by clear and convincing evidence. Id. §§ 394.917(1), 394.918(4), 394.919(2)....

...NOTES [1] Pursuant to section 394.918(1), a committed person "shall have an examination of his or her mental condition" at least once every year. Because Mr. Allen did not sign the waiver form, we do not address whether the examination requirement may be waived by the committed person. [2] If, pursuant to section 394.919(1), a committed person files a petition for release with the authorization of the Department, the trial court is required to set the case for trial without first conducting a probable cause hearing.

...mitted to the custody of the DCF for "control, care, and treatment until such time as the person’s mental abnormality or personality disorder has so changed that it is safe for the person to be at large." § 394.917(2), Fla. Stat. (2005); see also § 394.919(1), Fla....