Florida Statute 394.920 | Lawyer Caselaw & Research

The 2024 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.

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 Citing Statute 394.920

Total Results: 7

State v. Phillips

Court: Supreme Court of Florida | Date Filed: 2013-04-04

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

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

Spivey v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-06-19

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

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

Larimore v. State

Court: Supreme Court of Florida | Date Filed: 2009-01-29

Citation: 2 So. 3d 101, 2008 WL 5170550

Snippet: also §§ 394.916(3)-(5), 394.917(1), (3), 394.918, 394.920, Fla. Stat. (2004). As repeatedly recognized by

Allen v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-05-26

Citation: 873 So. 2d 576, 2004 WL 1159784

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

Westerheide v. State

Court: Supreme Court of Florida | Date Filed: 2002-10-17

Citation: 831 So. 2d 93, 2002 WL 31319386

Snippet: See id. § 394.918. [14] See id. §§ 394.918(2), 394.920. [15] See id. § 394.918(4). [16] To the extent

Hudson v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-08-02

Citation: 825 So. 2d 460, 2002 WL 1770486

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

Westerheide v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-09-29

Citation: 767 So. 2d 637, 2000 WL 1434081

Snippet: for release in the future. See §§ 394.916(3), 394.920, Fla. Stat. (1999). B. Determination Whether The