Florida Statute 394.9135 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

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F.S. 394.9135

394.9135 Immediate releases from total confinement; transfer of person to department; time limitations on assessment, notification, and filing petition to hold in custody; filing petition after release; order into custody of department after release.—

(1)(a) If the anticipated release from total confinement of a person who has been convicted of a sexually violent offense becomes immediate for any reason, the agency with jurisdiction shall upon immediate release from total confinement transfer that person to the custody of the department to be held in an appropriate secure facility.

(b) If a person who committed a sexually violent offense and who is serving an incarcerative sentence under the custody of the Department of Corrections, the Department of Juvenile Justice, or a local detention facility, or who is committed to the custody of the department due to an adjudication of not guilty by reason of insanity is released, the state attorney, as designated in s. 394.913, may file a petition with the circuit court within 120 hours after the person’s release alleging that:

1. Section 394.9125, s. 394.913, or this section requires that the person be referred for consideration for civil commitment before release and the person was not referred because of a mistake, oversight, or intentional act; or

2. The person was referred for commitment consideration but, through a mistake, oversight, or intentional act, was released rather than transferred to the custody of the Department of Children and Families as required by this part.

If the judge determines that there is probable cause to believe that the person was released in contravention of s. 394.913 or this section, the judge shall order the person to be taken into custody and delivered to an appropriate secure facility designated by the Department of Children and Families.

(2) Within 72 hours after transfer pursuant to paragraph (1)(a) or receipt into the department’s custody pursuant to paragraph (1)(b) or s. 394.9125(4), the multidisciplinary team shall assess whether the person meets the definition of a sexually violent predator. If the multidisciplinary team determines that the person does not meet the definition of a sexually violent predator, that person shall be immediately released. If at least two members of the multidisciplinary team, after all clinical evaluations have been conducted, determine that the person meets the definition of a sexually violent predator, the team shall provide the state attorney, as designated by s. 394.913, with its written assessment and recommendation within the 72-hour period or, if the 72-hour period ends after 5 p.m. on a working day or on a weekend or holiday, within the next working day.

(3) Within 48 hours after receipt of the written assessment and recommendation from the multidisciplinary team, the state attorney, as designated in s. 394.913, may file a petition with the circuit court alleging that the person is a sexually violent predator and stating facts sufficient to support the allegation. If a petition is not filed within 48 hours after receipt of the written assessment and recommendation by the state attorney, the person shall be immediately released, except that, if the 48-hour period ends after 5 p.m. on a working day or on a weekend or holiday, the petition may be filed on the next working day without resulting in the person’s release. If a petition is filed pursuant to this section and the judge determines that there is probable cause to believe that the person is a sexually violent predator, the judge shall order that the person be maintained in custody and held in an appropriate secure facility for further proceedings in accordance with this part.

(4) This section is not jurisdictional, and failure to comply with the time limitations which results in the release of a person who has been convicted of a sexually violent offense is not dispositive of the case and does not prevent the state attorney from proceeding against a person otherwise subject to this part.

History.—s. 7, ch. 99-222; s. 2, ch. 2012-79; s. 4, ch. 2014-2; s. 103, ch. 2014-19.

F.S. 394.9135 on Google Scholar

F.S. 394.9135 on CourtListener

Amendments to 394.9135

Annotations, Discussions, Cases:

Cases Citing Statute 394.9135

Total Results: 41

State v. Goode

830 So. 2d 817, 2002 WL 31317996

Supreme Court of Florida | Filed: Oct 17, 2002 | Docket: 942297

Cited 77 times | Published

seventy-two hours of the person's detention. § 394.9135(2), Fla. Stat. (1999). Thus, unlike these other

Kephart v. Hadi

932 So. 2d 1086, 2006 WL 1548026

Supreme Court of Florida | Filed: Jun 8, 2006 | Docket: 2452449

Cited 36 times | Published

multidisciplinary team shall assess the person. § 394.9135(2), Fla. Stat. (2002). Finally, the trial court

Watrous v. State

793 So. 2d 6, 2001 WL 219982

District Court of Appeal of Florida | Filed: Mar 7, 2001 | Docket: 2031700

Cited 20 times | Published

the Department of Children and Families. See § 394.9135. There is no procedure contained in the Act by

Larimore v. State

2 So. 3d 101, 2008 WL 5170550

Supreme Court of Florida | Filed: Jan 29, 2009 | Docket: 1643833

Cited 19 times | Published

at 719. The Gordon court also found that section 394.9135 provides a "safety valve for a situation where

Gordon v. Regier

839 So. 2d 715, 2003 WL 118228

District Court of Appeal of Florida | Filed: Jan 15, 2003 | Docket: 1296265

Cited 12 times | Published

pursuant to a seventy-two-hour hold authorized by section 394.9135, Florida Statutes (2000), but instead had

State v. Kobel

757 So. 2d 556, 2000 WL 485131

District Court of Appeal of Florida | Filed: Apr 26, 2000 | Docket: 1331651

Cited 7 times | Published

immediate release *558 provisions of the Act, section 394.9135, Florida Statutes (1999). On August 25, 1999

Anderson v. State

93 So. 3d 1201, 2012 WL 3210623, 2012 Fla. App. LEXIS 13241

District Court of Appeal of Florida | Filed: Aug 9, 2012 | Docket: 60310498

Cited 6 times | Published

release from total confinement” *1220under section 394.9135(1), Florida Statutes (2004). Larimore, 2 So

Ward v. State

936 So. 2d 1143, 2006 WL 2356073

District Court of Appeal of Florida | Filed: Aug 16, 2006 | Docket: 1651032

Cited 6 times | Published

potential committees under the Act)(emphasis added); § 394.9135, Fla. Stat. (1999)(providing that in the event

Tanguay v. State

880 So. 2d 533, 2004 WL 1403176

Supreme Court of Florida | Filed: Jun 24, 2004 | Docket: 1294864

Cited 6 times | Published

10, a multidisciplinary team, pursuant to section 394.9135, Florida Statutes (1999), recommended to the

Meadows v. Krischer

763 So. 2d 1087, 1999 WL 1037986

District Court of Appeal of Florida | Filed: Nov 17, 1999 | Docket: 1681677

Cited 6 times | Published

treatment as a sexually violent predator. See § 394.9135(3). On the same day, August 26, the "duty" circuit

Larimore v. State

917 So. 2d 354, 2005 WL 3543920

District Court of Appeal of Florida | Filed: Dec 29, 2005 | Docket: 448342

Cited 4 times | Published

§ 394.914, Fla. Stat. (1999). In addition, section 394.9135, Florida Statutes (1999) (a new section created

State v. Mitchell

848 So. 2d 1209, 2003 WL 21511102

District Court of Appeal of Florida | Filed: Jul 3, 2003 | Docket: 1712359

Cited 4 times | Published

Part V of Chapter 394, Florida Statutes (1999). § 394.9135(3), Fla. Stat. (1999)." Id. at 563. Even if we

Kephart v. Kearney

826 So. 2d 517, 2002 WL 31115267

District Court of Appeal of Florida | Filed: Sep 25, 2002 | Docket: 1198220

Cited 4 times | Published

multidisciplinary team of mental health professionals. See § 394.9135(2), Fla. Stat. (2001). The team is to make a

Tanguay v. State

782 So. 2d 419, 2001 WL 127740

District Court of Appeal of Florida | Filed: Feb 16, 2001 | Docket: 149361

Cited 4 times | Published

the State to file a commitment petition. See § 394.9135, Fla.Stat. (2000). [*] Editor's note: This opinion

Morel v. Wilkins

84 So. 3d 226, 37 Fla. L. Weekly Supp. 161, 2012 WL 739209, 2012 Fla. LEXIS 490

Supreme Court of Florida | Filed: Mar 8, 2012 | Docket: 60306685

Cited 3 times | Published

immediate release provisions set forth in section 394.9135, Florida Statutes (2002), Morel was then transferred

Bishop v. Sheldon

68 So. 3d 259, 2010 Fla. App. LEXIS 18333, 2010 WL 4861512

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 1909969

Cited 3 times | Published

immediately released for some reason as provided in section 394.9135(1). While Bishop argues that the State initiated

Madison v. State

27 So. 3d 61, 2009 Fla. App. LEXIS 9667, 2009 WL 2048920

District Court of Appeal of Florida | Filed: Jul 16, 2009 | Docket: 1205358

Cited 3 times | Published

of Children and Family Services pursuant to section 394.9135, Florida Statutes, after which a multidisciplinary

Moore v. State

909 So. 2d 500, 2005 WL 2043517

District Court of Appeal of Florida | Filed: Aug 26, 2005 | Docket: 1199548

Cited 3 times | Published

proceed against the defendant in light of section 394.9135(4), Florida Statutes, which states: "The provisions

State v. Ducharme

892 So. 2d 1133, 2004 WL 3021562

District Court of Appeal of Florida | Filed: Dec 30, 2004 | Docket: 472227

Cited 3 times | Published

State v. Atkinson, 831 So.2d 172 (Fla.2002). Section 394.9135, Florida Statutes (2000), sets out a detailed

State v. Ducharme

881 So. 2d 70, 2004 WL 1856023

District Court of Appeal of Florida | Filed: Aug 20, 2004 | Docket: 1466233

Cited 3 times | Published

Ducharme pursuant to section 394.9135, Florida Statutes (2000). Section 394.9135 applies when the release

Washington v. State

866 So. 2d 725, 2004 Fla. App. LEXIS 2586, 2004 WL 57286

District Court of Appeal of Florida | Filed: Mar 3, 2004 | Docket: 1680097

Cited 3 times | Published

release. That is so because the provisions of section 394.9135, Florida Statutes (2000), apply to him and

Morel v. State

138 So. 3d 1122, 2014 WL 1908830, 2014 Fla. App. LEXIS 7108

District Court of Appeal of Florida | Filed: May 14, 2014 | Docket: 60240489

Cited 2 times | Published

interpreting the immediate release provision, section 394.9135(1) of the Jimmy Ryce Act, and its application

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

Florida Civil Commitment Center pursuant to section 394.9135(1), Florida Statutes (2005). The Department

Ennis v. Regier

869 So. 2d 701, 2004 WL 690572

District Court of Appeal of Florida | Filed: Apr 2, 2004 | Docket: 1175618

Cited 2 times | Published

comply with various time standards set forth in section 394.9135, Florida Statutes (2000). The trial court

Sirmons v. Regier

846 So. 2d 1151, 2003 WL 289463

District Court of Appeal of Florida | Filed: Feb 12, 2003 | Docket: 1709834

Cited 2 times | Published

immediately subject to the procedure outlined in section 394.9135. The purpose of the Act is to protect society

State v. Wagner

825 So. 2d 453, 2002 WL 1723978

District Court of Appeal of Florida | Filed: Jul 26, 2002 | Docket: 1312106

Cited 2 times | Published

immediate release from custody pursuant to section 394.9135, Florida Statutes (2001). Thereafter, on March

Jackson v. State

166 So. 3d 906, 2015 Fla. App. LEXIS 9208, 2015 WL 3757071

District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 60248411

Cited 1 times | Published

the definition of a sexually violent predator. § 394.9135(1), (2). If it determines that the person does

William Junior Barber v. State of Florida

207 So. 3d 910, 2016 Fla. App. LEXIS 10126

District Court of Appeal of Florida | Filed: Jun 30, 2016 | Docket: 3090191

Published

issuing a de-tainer against him. See § 394.9135(1), Fla. Stat. At approximately 9:35 p.m., Barber

Insko v. State

181 So. 3d 1260, 2015 Fla. App. LEXIS 19431, 2015 WL 9487590

District Court of Appeal of Florida | Filed: Dec 30, 2015 | Docket: 3024827

Published

State initiated commitment proceedings under section 394.9135(1) Florida Statutes (2004), by transferring

State of Florida v. Victor Reed

161 So. 3d 397, 40 Fla. L. Weekly Supp. 197, 2015 Fla. LEXIS 713, 2015 WL 1565718

Supreme Court of Florida | Filed: Apr 9, 2015 | Docket: 2647998

Published

THE COMMITMENT PROCESS IS INITIATED UNDER SECTION 394.9135, FLORIDA STATUTES, AFTER THE PERSON’S SENTENCE

Victor Reed v. State of Florida

159 So. 3d 845, 2014 WL 3865842, 2014 Fla. App. LEXIS 12138

District Court of Appeal of Florida | Filed: Aug 7, 2014 | Docket: 836148

Published

release from total confinement; or (2) under section 394.9135, Florida Statutes, by transferring the person

Evans v. State

125 So. 3d 799, 2013 WL 275231, 2013 Fla. App. LEXIS 1038

District Court of Appeal of Florida | Filed: Jan 25, 2013 | Docket: 60236073

Published

Act proceedings against Evans, relying on section 394.9135, Florida Statutes. That statute provides:

Boatman v. State

77 So. 3d 1242, 36 Fla. L. Weekly Supp. 728, 2011 Fla. LEXIS 2877, 2011 WL 6220660

Supreme Court of Florida | Filed: Dec 15, 2011 | Docket: 60304656

Published

person’s incarcerative sentence expires.” Id. Section 394.9135 provides for expedited procedures when the

In Re Commitment of Phillips

69 So. 3d 951, 2010 Fla. App. LEXIS 18311, 35 Fla. L. Weekly Fed. D 2614

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 2359817

Published

Florida Civil Commitment Center pursuant to section 394.9135(1), Florida Statutes (2005).3 The Department

Marsh v. State

14 So. 3d 1214, 2009 Fla. App. LEXIS 8511, 2009 WL 1766642

District Court of Appeal of Florida | Filed: Jun 24, 2009 | Docket: 1650877

Published

"immediate release from total confinement" under section 394.9135(1), Florida Statutes (2004). (Emphasis added;

Demick v. Hadi

894 So. 2d 1087, 2005 Fla. App. LEXIS 3048, 2005 WL 544190

District Court of Appeal of Florida | Filed: Mar 9, 2005 | Docket: 64836292

Published

with the various time standards set forth in section 394.9135, Florida Statutes (2003). The trial court

Washington v. State

866 So. 2d 725, 2004 Fla. App. LEXIS 206, 2004 WL 57286

District Court of Appeal of Florida | Filed: Jan 14, 2004 | Docket: 64828349

Published

release. That is so because the provisions of section 394.9135, Florida Statutes (2000), apply to him and

Garner v. State

839 So. 2d 924, 2003 Fla. App. LEXIS 3729, 2003 WL 1239643

District Court of Appeal of Florida | Filed: Mar 19, 2003 | Docket: 64821258

Published

custody as sexually violent predators.” See also § 394.9135(1), Fla. Stat. (1999)(“If the anticipated release

State v. Rompre

837 So. 2d 453, 2002 Fla. App. LEXIS 18272, 2002 WL 31777638

District Court of Appeal of Florida | Filed: Dec 13, 2002 | Docket: 64820705

Published

comply with the time requirements set forth in section 394.9135. On June 25, 2001, a hearing was held on Rompre’s

Widel v. Venz

805 So. 2d 1080, 2002 Fla. App. LEXIS 1083, 2002 WL 125624

District Court of Appeal of Florida | Filed: Feb 1, 2002 | Docket: 64812039

Published

in “an appropriate secure facility.” *1081See § 394.9135(1), Fla. Stat. (2000). See abo Ch. 99-222 § 1

Widel v. Venz

792 So. 2d 1246, 2001 Fla. App. LEXIS 12251, 2001 WL 991953

District Court of Appeal of Florida | Filed: Aug 31, 2001 | Docket: 64807898

Published

detainees in “an appropriate secure facility.” See § 394.9135(1), Fla. Stat. (2000). See also Ch. 99-222 §