Florida Statute 394.920 - Full Text and Legal Analysis

The 2025 Florida Statutes

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.

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Amendments to 394.920

Annotations, Discussions, Cases:

Cases Citing Statute 394.920

Total Results: 4

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

seeking release at any time after commitment. Id. § 394.920. If the Department of Children and Family Services

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

person has filed a petition for discharge. Section 394.920, titled "Petition for release," governs the

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

commit acts of sexual violence if discharged”); § 394.920, Fla. Stat. (2005) (governing petitions for release)

Spivey v. State

12 So. 3d 880, 2009 Fla. App. LEXIS 9362, 2009 WL 1703271

District Court of Appeal of Florida | Filed: Jun 19, 2009 | Docket: 2545081

Cited 1 times | Published

Spivey petitioned for release pursuant to section 394.920, Florida Statutes, based on a doctor's report