Florida Statute 394.919 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

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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.

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Amendments to 394.919

Annotations, Discussions, Cases:

Cases Citing Statute 394.919

Total Results: 4

Adaway v. State

902 So. 2d 746, 2005 WL 609677

Supreme Court of Florida | Filed: Mar 17, 2005 | Docket: 1257079

Cited 39 times | Published

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

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

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

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

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

State v. Phillips

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

Supreme Court of Florida | Filed: Apr 4, 2013 | Docket: 60233565

Cited 2 times | Published

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