Florida Statutes
Fla. Stat. § 394.919 (2025)
Authorized petition for release; procedure.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Note.—Former s. 916.39.
Notes of Decisions
Cited in 4
cases, 2002–2013 · leading case: Adaway v. State, 902 So. 2d 746 (Fla. 2005).
Adaway v. State, 902 So. 2d 746 (Fla. 2005). “" § 394.919(1), Fla. Stat. (2004). The Ryce Act serves at least one of the purposes of a mandatory life sentence for capital sexual battery to prevent further victimization of children.”
Hudson v. State, 825 So. 2d 460 (Fla. 1st DCA 2002). “§ 394.919(1). Otherwise, the court must hold a hearing to determine whether probable cause exists "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.”
State v. Phillips, 119 So. 3d 1233 (Fla. 2013). “(2005); see also § 394.919(1), Fla. Stat. (2005) (stating that the DCF secretary or the secretary’s designee must authorize the individual to petition the court for release if it is determined that the individual “is not likely to commit acts of sexual violence if discharged”);…”
Allen v. State, 873 So. 2d 576 (Fla. 2d DCA 2004). “[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.”
— 394.919(1) — 4 cases
Adaway v. State, 902 So. 2d 746 (Fla. 2005). “" § 394.919(1), Fla. Stat. (2004). The Ryce Act serves at least one of the purposes of a mandatory life sentence for capital sexual battery to prevent further victimization of children.”
Hudson v. State, 825 So. 2d 460 (Fla. 1st DCA 2002). “§ 394.919(1). Otherwise, the court must hold a hearing to determine whether probable cause exists "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.”
State v. Phillips, 119 So. 3d 1233 (Fla. 2013). “(2005); see also § 394.919(1), Fla. Stat. (2005) (stating that the DCF secretary or the secretary’s designee must authorize the individual to petition the court for release if it is determined that the individual “is not likely to commit acts of sexual violence if discharged”);…”
Allen v. State, 873 So. 2d 576 (Fla. 2d DCA 2004). “[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.”
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