The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

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F.S. 394.920

394.920 Petition for release.—A person is not prohibited from filing a petition for discharge at any time after commitment under this part. However, if the person has previously filed such a petition without the approval of the secretary or the secretary’s designee and the court determined that the petition was without merit, a subsequent petition shall be denied unless the petition contains facts upon which a court could find that the person’s condition has so changed that a probable cause hearing is warranted.

History.—s. 12, ch. 98-64; s. 15, ch. 99-222.

Note.—Former s. 916.40.

F.S. 394.920 on Google Scholar

F.S. 394.920 on Casetext

Amendments to 394.920

Arrestable Offenses / Crimes under Fla. Stat. 394.920

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.920.

Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. PHILLIPS,, 119 So. 3d 1233 (Fla. 2013)

. . . determined that the individual “is not likely to commit acts of sexual violence if discharged”); § 394.920 . . .

SPIVEY, v. STATE, 12 So. 3d 880 (Fla. Dist. Ct. App. 2009)

. . . In 2008, Spivey petitioned for release pursuant to section 394.920, Florida Statutes, based on a doctor . . . In May 2008, Spivey petitioned for release pursuant to section 394.920, Florida Statutes (2008), alleging . . . safeguards provided by the Jimmy Ryce Act are section 394.918’s procedure for annual review and section 394.920 . . . Section 394.920 states, Petition for release. — A person is not prohibited from filing a petition for . . . court correctly concluded that in the absence of any authority explaining the procedure under section 394.920 . . .

LARIMORE, v. STATE, 2 So. 3d 101 (Fla. 2008)

. . . person requires commitment. 831 So.2d at 105; see also §§ 394.916(3)-(5), 394.917(1), (3), 394.918, 394.920 . . .

ALLEN, v. STATE, 873 So. 2d 576 (Fla. Dist. Ct. App. 2004)

. . . Section 394.920, titled “Petition for release,” governs the procedure pursuant to which a committed person . . . Section 394.920 is separate from, and does not trigger, the annual limited probable cause hearing. . . . Although section 394.920 states that a subsequent petition for discharge filed without Department approval . . . This provision is analogous to section 394.920 of Florida’s Act. . . .

WESTERHEIDE, v. STATE, 831 So. 2d 93 (Fla. 2002)

. . . . §§ 394.918(2), 394.920. . See id. § 394.918(4). . . . .

HUDSON, v. STATE, 825 So. 2d 460 (Fla. Dist. Ct. App. 2002)

. . . . § 394.920. . . .

WESTERHEIDE, v. STATE, 767 So. 2d 637 (Fla. Dist. Ct. App. 2000)

. . . See §§ 394.916(3), 394.920, Fla. Stat. (1999). B. . . .