394.920
Petition for release.
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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.
Notes of Decisions
Cited in 4
cases, 2002–2013 · leading case: Allen v. State
Allen v. State (2004)
“Section 394.920, titled "Petition for release," governs the procedure pursuant to which a committed person may file "a petition for discharge at any time after commitment" without the approval of the Department.”
Hudson v. State (2002)
“§ 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.”
State v. Phillips (2013)
“(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”); § 394.920, Fla. Stat. (2005) (governing…”
Spivey v. State (2009)
“In 2008, Spivey petitioned for release pursuant to section 394.920, Florida Statutes, based on a doctor’s report concluding that “it is safe for [Spivey] to be at large and that he will not engage in acts of sexual violence if released.”
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