GREGORY O'NEIL HENDERSON

v.

THE STATE OF FLORIDA

Third District Court of Appeal State of Florida

Opinion filed May 21, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-0583 Lower Tribunal Nos. F89-43031, F89-43757, F89-49366, 14-21803-CA-01 ________________

Gregory O'Neil Henderson, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Michelle Delancy, Judge.

Gregory O'Neil Henderson, in proper person.

James Uthmeier, Attorney General, and David Llanes, Assistant Attorney General, for appellee.

Before SCALES, LOBREE and GOODEN, JJ.

PER CURIAM.

2

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.