The 2023 Florida Statutes (including Special Session C)
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. . . Barry Freeman appeared before the trial court for a nonjury trial pursuant to section 394.918(4), Florida . . . address and resolve the sole issue of whether the State met its evidentiary burden of proof under section 394.918 . . . and remand for the trial court to determine whether the State met its burden of proof under section 394.918 . . .
. . . . § 394.918, Fla. Stat. . . . that the State is required to prove the value of treatment in the recidivism equation under section 394.918 . . .
. . . (quoting § 394.918(1), Fla. Stat.). . . . See §§ 394.917, 394.918, Fla. Stat. . . . See § 394.918, Fla. Stat. . . .
. . . Following an annual review hearing in 2014, the trial court, pursuant to section 394.918(3), Florida . . . to be at large and that, if released, the person is likely to engage in acts of sexual violence.” § 394.918 . . .
. . . commitment, which required the trial court to follow the threshold procedures established in section 394.918 . . . In 2014, the Florida Legislature amended section 394.918(3). . . . It would appear that the 2014 amendment to section 394.918(3) supersedes those corresponding portions . . . Under section 394.918(3), if a trial court finds probable cause, it shall set the petition for a full . . . determination at a nonjury trial pursuant to section 394.918(4), which provides: At the trial before . . .
. . . because the Department had not been conducting the annual mental health examinations required by section 394.918 . . . Department to show cause why this court should not issue a writ directing it to comply with section 394.918 . . . by filing copies of transcripts of the annual review hearings held by the court pursuant to section 394.918 . . . examination report to argue that the Department is not fulfilling its statutory obligations under section 394.918 . . .
. . . because the Department has not been conducting annual mental health examinations as required by section 394.918 . . . Department to show cause why this court should not issue a writ directing it to comply with section 394.918 . . . Department filed copies of treatment progress reports from 2013-2015 which it asserted comply with section 394.918 . . .
. . . In January 2016, the commitment center submitted its annual Treatment Progress Report under section 394.918 . . . See § 394.918(2).- The parties stipulated that, under section 394.918(3), there was a sufficient basis . . . A bench trial was scheduled under section 394.918(4) for January 27, 2016. . . .
. . . immediate release is not the proper remedy for violations of the post-commitment procedures in section 394.918 . . .
. . . . §§ 394.918-.920, Fla. . . .
. . . . § 394.918. In November 2011, Mr. . . . See § 394.918(1), Fla. Stat. (2013). . . . See § 394.918. . . . . § 394.918(1). . . . .” § 394.918(3). . . .
. . . 394.467(7), Florida Statutes, and involuntary commitment of sexually violent predators under sections 394.918 . . . 394.467(7), Florida Statutes, and involuntary commitments of sexually violent predators under sections 394.918 . . .
. . . Appellant made a sufficient showing of probable cause to be entitled to a trial pursuant to section 394.918 . . .
. . . See §§ 394.918(2) and .920, Fla. Stat. . . . See § 394.918(3)-(4), Fla. Stat. Ultimately, however, the court denied Mr. . . . to be at large and that, if released, the person is likely to engage in acts of sexual violence.” § 394.918 . . . mental condition diagnosis that must “remain” for purposes of considering a petition for release in § 394.918 . . . real-life condition remains or has changed, irrespective of the DSM-5’s current clinical nomenclature. §- 394.918 . . .
. . . . § 394.918(3), Fla. Stat. (2013). The burden is on the petitioner to prove probable cause. . . . establishes probable cause, he is entitled to a nonjury trial to determine his . fitness to be released. § 394.918 . . . if the evidence is sufficient to establish probable cause, the court must set the issue for trial. § 394.918 . . . (codified at § 394.918(3), Fla. Stat.). The amendment is silent as to retroactive applicability. . . .
. . . reverse and remand this cause with instructions that the trial court conduct a trial pursuant to section 394.918 . . .
. . . Committee unanimously proposes amendments to rule 4.470 in response to recent amendments to section 394.918 . . . And third, the word “retained” is removed from the rule because section 394.918(3) provides that the . . .
. . . Section 394.918(1) requires that a person who has been committed have a mental examination “once every . . . See § 394.918(2), Fla. Stat. (2013). . . . See § 394.918(3) and (4), Fla. Stat. (2013). . . . Section 394.918(2), Florida Statutes (2013) provides: The department shall provide the person with annual . . .
. . . See § 394.918(1) ("A person committed under this part shall have an examination of his or her mental . . .
. . . . § 394.918(l)-(2), Fla. Stat. (1999). . . . Id. § 394.918(1). . . . . § 394.918(2). . . . Id. § 394.918(3). . . .
. . . . § 394.918(1), (3). . . .
. . . . § 394.918 that a court examine the “mental condition” of a person committed under the Jimmy Ryce Act . . . Id. § 394.918(1). . . . Id. § 394.918(3). . . . Id. § 394.918(3)-(4). . . .
. . . committed under the Sexually Violent Predators Act and has petitioned for a hearing under Florida Statute 394.918 . . . Section 394.918(3) provides for a “limited hearing” to determine whether probable cause exists to believe . . .
. . . We conclude that Spivey met his burden of proof at the section 394.918(3) limited probable cause hearing . . . Specifically, section 394.918(1)-(3), Florida Statutes (2010), provides: 394.918. . . . Pursuant to section 394.918, the State gave Spivey notice in March 2011 that his annual review was due . . . A judge’s review of the evidence in a section 394.918(3) limited probable cause hearing is similar to . . . Section 394.918(3), Florida Statutes (2010), contains no requirement that the committed person must complete . . .
. . . Eric Jensen to testify telephonically at the appellant’s annual review trial held pursuant to section 394.918 . . .
. . . denial, after non-jury trial, of his petition for release from civil commitment pursuant to section 394.918 . . . petition for release from the custody of the Department of Children and Families, pursuant to section 394.918 . . . After finding probable cause under section 394.918(3), Florida Statutes, the trial court ordered a non-jury . . . The central issue before the trial court, pursuant to section 394.918(4), Florida Statutes, was whether . . . case of the State’s failure to present adequate evidence to meet its burden of proof under section 394.918 . . .
. . . Finding that he met his burden of proof at the limited probable cause hearing held pursuant to section 394.918 . . . (3), we reverse the trial court’s order and remand for trial held pursuant to section 394.918(4). . . . matter de novo, we reverse the order finding no probable cause and remand for a trial under section 394.918 . . .
. . . See § 394.918(4), Fla. Stat. (2010). . . . We reverse because Chukes met his burden of proof at the section 394.918(3) limited probable cause hearing . . . Specifically, section 394.918(l)-(3), Florida Statutes (2010), provides: 394.918. . . . Pursuant to section 394.918, the State gave Chukes notice in February 2011 that his annual review was . . . A judge’s review of the evidence in a section 394.918(3) limited probable cause hearing is similar to . . .
. . . . § 394.918, Fla. Stat. (1999-2010). . . . See generally § 394.918, Fla. Stat. (2002). . . . . § 394.918(2), Fla. Stat. . . .
. . . After a non-jury trial pursuant to section 394.918(4), Florida Statutes, the trial court entered an order . . . brief, the record clearly establishes that the order on appeal resulted from a trial under section 394.918 . . .
. . . . § 394.918, Fla. Stat. (1999-2010). . . .
. . . . § 394.918, Fla. Stat. (1999-2010). . . .
. . . Appellant filed a petition for annual review of his mental condition pursuant to section 394.918(1), . . . The court set the case for trial in accordance with section 394.918(3), Florida Statutes. . . . to be at large and that, if released, the person is likely to engage in acts of sexual violence.” § 394.918 . . .
. . . Discussion Two of the procedural safeguards provided by the Jimmy Ryce Act are section 394.918’s procedure . . . authority explaining the procedure under section 394.920, it would follow the procedure outlined in section 394.918 . . . A petitioner must meet his or her burden of establishing probable cause under section 394.918 by presenting . . .
. . . that the person requires commitment. 831 So.2d at 105; see also §§ 394.916(3)-(5), 394.917(1), (3), 394.918 . . .
. . . to compel the Department and the committing court to perform their respective duties under section 394.918 . . . by the Department’s response in this case that it has discharged its obligations under subsections 394.918 . . . On the other hand, where the requirements of subsections 394.918(1) and (2) have been satisfied but the . . . directing the committing court to promptly conduct the limited probable cause hearing called for by section 394.918 . . .
. . . Finding that he met his burden of proof at the section 394.918(3) limited probable cause hearing, we . . . reverse the trial court’s order and remand for a full trial held pursuant to section 394.918(4). . . . See § 394.918(3). . . . A judge’s review of the evidence in a section 394.918(3) limited probable cause hearing is similar to . . . We reverse the order finding no probable cause, and remand for a trial under section 394.918(4). . . .
. . . See § 394.918, Fla. Stat. (2004). . . . claim and proceeded solely on the issue of whether or not probable cause was established under section 394.918 . . .
. . . Section 394.918 establishes the following procedure for persons committed under this chapter: (1) A person . . . Pursuant to section 394.918(3), Allen was entitled to an annual probable cause hearing to determine if . . . The language in section 394.918 differentiating the proceedings required under that section supports . . . Section 394.918(4) specifically provides that at that trial, “the state bears the. burden of proving, . . . The omission of the emphasized language from section 394.918(3) suggests that the legislature did not . . .
. . . The matter was therefore scheduled for a non-jury trial in accordance with section 394.918(3), Florida . . .
. . . Section 394.918(1), Florida Statutes (2003), requires that the committed person undergo an examination . . . required to review the person’s status and then hold a limited probable cause hearing described in section 394.918 . . . Section 394.918(1), Florida Statutes (2003), provides: (1) A person committed under this part shall have . . . Section 394.918(3), Florida Statutes (2003), provides: 3) The court shall hold a limited hearing to determine . . .
. . . Pertinent to this appeal, section 894.918 of the Florida Statutes provides as follows: - 394.918. . . . to be at large and that, if released, the person is likely to engage in acts of sexual violence. § 394.918 . . . See § 394.918(3), Fla. Stat. (2002). . . .
. . . .” § 394.918(4), Fla. Stat. (2004). . . .
. . . Alternatively, he seeks a writ of mandamus ordering the trial court to comply with section 394.918(3) . . . We direct the circuit court to hold a limited probable cause hearing pursuant to section 394.918(3), . . .
. . . Alternatively, he seeks a writ of mandamus ordering the trial court to comply with section 394.918(3) . . . We direct the circuit court to hold a limited probable cause hearing pursuant to section 394.918(3), . . .
. . . Alternatively, he seeks a writ of mandamus ordering the trial court to comply with section 394.918(3) . . . We direct the circuit court to hold a limited probable cause hearing pursuant to section 394.918(3), . . .
. . . .” § 394.918(1). This process began when the Department presented Mr. . . . Alen with a form titled “Waiver of Rights under section 394.918, Florida Statutes.” . . . Section 394.918(1) requires that the committed person undergo an examination of his mental condition . . . Section 394.918(3) states that the circuit court “shall” hold a limited probable cause hearing. . . . Section 394.918 of the Florida Act contains similar provisions but with important distinctions. . . .
. . . See § 394.918, Fla. Stat. (2001). . . .
. . . Sections 394.918-.930 of the Ryce Act provide for the civil commitment of “sexually violent predators . . .
. . . See §§ 394.9155(7), 394.918(l)-(2) Fla. Stat. (2001). . . . See id. § 394.918(1). . . . See id. § 394.918(2). . See § 394.916(3), (4), Fla. Stat. (2001). . See id. § 394.916(5). . . . . See id. § 394.918. . See id. §§ 394.918(2), 394.920. . See id. § 394.918(4). . . . .
. . . . § 394.918(1). . . . Id. § 394.918(3). . . . Id. § 394.918(4). . . . Id. §§ 394.917(1), 394.918(4), 394.919(2). Appellant’s reliance on Kansas v. . . .
. . . Section 394.918, Florida Statutes (1999), states, in pertinent part: (1) A person committed under this . . . See § 394.918(3)-(4), Fla. Stat. (1999). . . . Under section 394.918(4), the State has the burden to prove by clear and convincing evidence that the . . . Read in its entirety, section 394.918 does not support respondents’ position. . . . We find that the meaning of section 394.918 is discernable from its language. . . .
. . . See §§ 394.918-.920, Fla. Stat. (1999). . . . consideration of less restrictive alternatives in post commitment proceedings brought under sections 394.918 . . . person to be at large and that the person will not engage in acts of sexual violence if discharged.” § 394.918 . . . See §§ 394.918-.920, Fla. Stat. (1999). V. The Jury Instructions. . . . and (5) the right to subsequent examinations and hearings to determine the right to release, see §§ 394.918 . . . . § 394.918, Fla. Stat. . See, e.g., Cuda v. . . .