HENDERSON v. STATE (2025)

District Court of Appeal of Florida, Third District.

Gregory O'Neil HENDERSON, Appellant, v. The STATE of Florida, Appellee.

No. 3D24-0583

Decided: May 21, 2025

Before SCALES, LOBREE and GOODEN, JJ.

Gregory O'Neil Henderson, in proper person. James Uthmeier, Attorney General, and David Llanes, Assistant Attorney General, for appellee.

Appellant Gregory O'Neil Henderson is currently committed under the Involuntary Civil Commitment of Sexually Violent Predators Act. §§ 394.910–.932, Fla. Stat. (2024). The Act affords a detainee with a limited hearing to establish probable cause that a change in condition renders him safe to be released. See § 394.918(3), Fla. Stat. “The burden is on the petitioner to prove probable cause.” Kakuk v. State, 148 So. 3d 845, 846 (Fla. 5th DCA 2014). Accord Barron v. State, 217 So. 3d 1088, 1091 (Fla. 3d DCA 2017).

Henderson appeals an order finding that he did not establish probable cause. Because the trial court's order conforms to the statute's requirements and is supported by competent, substantial evidence, we affirm. Abaunza v. State, 278 So. 3d 207, 210 (Fla. 1st DCA 2019).

Affirmed.

PER CURIAM.

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