Cases from cite.case.law:

BARBER, v. STATE, 207 So.3d 910 (Fla. Dist. Ct. App. 2016)

. . . See § 394.9135(1), Fla. Stat. . . . See § 394.9135(2), Fla. Stat. . . . Id. § 394.9135(3). . . . We conclude that the State’s petition is facially valid under the authority of section 394.9135(l)(a) . . . Instead, section 394.9135 applies with its own, distinct time table (with rounding-up provisions) for . . .

INSKO, v. STATE, 181 So. 3d 1260 (Fla. Dist. Ct. App. 2015)

. . . until February 15, 2005, at 7:58 p.m., when the State initiated commitment proceedings under section 394.9135 . . . requirement explained in Larimore requires the State to initiate commitment proceedings under section 394.9135 . . . We hold that lawful custody under section 394.9135(1) requires the State to initiate commitment proceedings . . . custody of the DCF prior to the expiration of the individual’s incarcerative sentence pursuant to section 394.9135 . . . Conversely, if the State first initiates commitment proceedings under section 394.9135(1) after the actual . . .

I. JACKSON, v. STATE, 166 So. 3d 906 (Fla. Dist. Ct. App. 2015)

. . . . § 394.9135(1), (2). . . . .” § 394.9135(3). . . . . §§ .394.9135(3), 394.915, 394.916(1), 394.917(1). . . .

STATE v. REED,, 161 So. 3d 397 (Fla. 2015)

. . . FOR IMMEDIATE RELEASE WHILE IN LAWFUL CUSTODY WHERE THE COMMITMENT PROCESS IS INITIATED UNDER SECTION 394.9135 . . .

REED, v. STATE, 159 So. 3d 845 (Fla. Dist. Ct. App. 2014)

. . . Here, the State initiated the commitment process under section 394.9135. . . . Section 394.9135(1) provides that when a person who has been convicted of a sexually violent offense . . . The report was untimely because, as acknowledged by the State, the 72-hour period in section 394.9135 . . . This is not a jurisdictional defect, see § 394.9135(4), Fla. Stat. (2012); Larimore v. . . . We share Judge- Lawson’s views that the judicial gloss placed upon section 394.9135 by these decisions . . .

MOREL, v. STATE, 138 So. 3d 1122 (Fla. Dist. Ct. App. 2014)

. . . Phillips, the Florida Supreme Court concluded: [S]ection 394.9135 was enacted as a safety valve for certain . . . To the contrary, the staff analyses explain that section 394.9135 addresses situations where a release . . . Thus, section 394.9135 would be utilized in situations where the award of credit and/or gain-time causes . . . We hold that lawful custody under section 394.9135(1) requires the State to initiate commitment proceedings . . . Conversely, if the State first initiates commitment proceedings under section 394.9135(1) after the actual . . .

STATE v. PHILLIPS,, 119 So. 3d 1233 (Fla. 2013)

. . . (quoting § 394.9135(1), Fla. Stat. (2004)). . . . In addition, we found that the jurisdictional disclaimer provision in section 394.9135(4) “should not . . . We initially determine that Larimore’s construction of section 394.9135 controls the issue before us. . . . We are not persuaded by the State’s definition of “lawful custody” under section 394.9135. . . . The term “total confinement” appears in both commitment procedures, sections 394.913 and 394.9135. . . . See § 394.9135(1), Fla. . . .

A. EVANS, v. STATE, 125 So. 3d 799 (Fla. Dist. Ct. App. 2013)

. . . Thus, we do not reach the question of whether section 394.9135, Florida Statutes, would allow the State . . . State, 866 So.2d 725 (Fla. 3d DCA 2004): Section 394.9135 establishes the procedure where the anticipated . . . Id. § 394.9135(1). . . . rendered unlawful by a judicially mandated change in the person’s release date would render section 394.9135 . . . This, in turn, would render section 394.9135 meaningless in most of the cases for which the statute appears . . .

S. ANDERSON, v. STATE, 93 So. 3d 1201 (Fla. Dist. Ct. App. 2012)

. . . Children and Family Services upon that person’s “immediate release from total confinement” under section 394.9135 . . . statutory scheme than the temporary remedy of pretrial release, which is in fact provided for in section 394.9135 . . .

MOREL, v. E. WILKINS,, 84 So. 3d 226 (Fla. 2012)

. . . In accordance with the Act’s immediate release provisions set forth in section 394.9135, Florida Statutes . . . Commitment proceedings were instituted against Morel pursuant to section 394.9135, Florida Statutes ( . . . procedures when the anticipated release from total confinement “becomes immediate for any reason.” § 394.9135 . . . it likely that the person will commit another sexually violent offense if not confined. §§ 394.192, 394.9135 . . . and held in an appropriate secure facility for further proceedings in accordance with this part.” § 394.9135 . . . See §§ 394.913(2), 394.9135(3), Fla. Stat. (2002). . . . See generally §§ 394.913(2)-(3), 394.9135(3), 394.914, 394.916(5), Fla. Stat. (2011). . . .

L. BOATMAN, v. STATE, 77 So. 3d 1242 (Fla. 2011)

. . . Section 394.9135 provides for expedited procedures when the anticipated release from total confinement . . . “becomes immediate for any reason.” § 394.9135(1), Fla. . . .

K. BISHOP, v. SHELDON,, 68 So. 3d 259 (Fla. Dist. Ct. App. 2010)

. . . Family Services (DCF) when the person is immediately released for some reason as provided in section 394.9135 . . . Thus, we do not reach the question of whether section 394.9135, Florida Statutes, would allow the State . . . commitment petition on that same date and was entitled to proceed against Bishop pursuant to section 394.9135 . . .

In COMMITMENT OF PHILLIPS. v., 69 So. 3d 951 (Fla. Dist. Ct. App. 2010)

. . . released from the DOC and was transferred to the Florida Civil Commitment Center pursuant to section 394.9135 . . . We recognize that section 394.9135 provides a procedure for the DOC to initiate commitment proceedings . . . Thus, we do not reach the question of whether section 394.9135, Florida Statutes, would allow the State . . . Section 394.9135(1), Florida Statutes (2005), provides as follows: If the anticipated release from total . . . Section 394.9135(2) requires the multidisciplinary team to determine whether the person qualifies as . . .

MADISON, v. STATE, 27 So. 3d 61 (Fla. Dist. Ct. App. 2009)

. . . is transferred to the custody of the Department of Children and Family Services pursuant to section 394.9135 . . .

MARSH, v. STATE, 14 So. 3d 1214 (Fla. Dist. Ct. App. 2009)

. . . Children and Family Services upon that person’s “immediate release from total confinement” under section 394.9135 . . . custody at the time any initial steps are taken in the commitment process under either section 394.913 or 394.9135 . . .

LARIMORE, v. STATE, 2 So. 3d 101 (Fla. 2008)

. . . The Gordon court also found that section 394.9135 provides a “safety valve for a situation where ‘the . . . See § 394.9135(1), Fla. Stat. (2004). . . . We now turn to section 394.9135(4). . . . Even though section 394.9135 is replete with references to the individual being in custody, the First . . . Neither section 394.913(4) nor section 394.9135(4) can be read in isolation. . . .

WARD, v. STATE, 936 So. 2d 1143 (Fla. Dist. Ct. App. 2006)

. . . Florida Department of Children and Families of all potential committees under the Act)(emphasis added); § 394.9135 . . .

KEPHART, v. D. HADI, D. v., 932 So. 2d 1086 (Fla. 2006)

. . . . § 394.9135, Fla. Stat. (2002). . The district courts have also been ambiguous. . . . . § 394.9135(2), Fla. Stat. (2002). . . .

LARIMORE, v. STATE, 917 So. 2d 354 (Fla. Dist. Ct. App. 2005)

. . . In addition, section 394.9135, Florida Statutes (1999) (a new section created by the amendment), provides . . . If the petition is not filed within 48 hours, the person is entitled to immediate release. § 394.9135 . . . However, the provisions of section 394.9135 are not jurisdictional, and failure to comply with the time . . . See also § 394.9135(3), Fla. Stat. (1999). . . . The court rejected the argument that section 394.9135(4) allowed the state to start proceedings against . . .

MOORE, v. STATE, 909 So. 2d 500 (Fla. Dist. Ct. App. 2005)

. . . To date, no other appellate court has interpreted section 394.9135(4) in the same way as Gordon. . . . Judge Sawaya also explained the proper application of section 394.9135 as follows: Section 394.9135 applies . . . The procedure established by section 394.9135 requires that in instances such as this, the person will . . . Both Judge Sawaya’s and Judge Cope’s analyses of section 394.9135, particularly section 394.9135(4), . . . See § 394.9135(1), Fla. Stat. (2003). . . .

DEMICK, v. HADI,, 894 So. 2d 1087 (Fla. Dist. Ct. App. 2005)

. . . Demick argued that the State failed to comply with the various time standards set forth in section 394.9135 . . .

STATE v. DUCHARME,, 892 So. 2d 1133 (Fla. Dist. Ct. App. 2004)

. . . Section 394.9135, Florida Statutes (2000), sets out a detailed procedure which the state must follow . . . when release from total confinement of a person to be committed becomes “immediate for any reason.” § 394.9135 . . . It provides: 394.9135. . . . (Ducharme was transferred on June 16 and the report was given to the state on June 19.) § 394.9135(2) . . . Thereafter, 394.9135 provides that the state has 48 hours after receipt of the report (here, on June . . .

STATE v. DUCHARME,, 881 So. 2d 70 (Fla. Dist. Ct. App. 2004)

. . . Commitment proceedings were instituted against Ducharme pursuant to section 394.9135, Florida Statutes . . . Section 394.9135 applies when the release from total confinement of the person to be committed becomes . . . “immediate for any reason.” § 394.9135(1), Fla. . . . not prevent it from instituting proceedings under the Act. § 394.9135(4), Fla. . . . It appears to me that the State complied with the requirements of section 394.9135. . . .

TANGUAY, v. STATE, 880 So. 2d 533 (Fla. 2004)

. . . On April 10, a multidisciplinary team, pursuant to section 394.9135, Florida Statutes (1999), recommended . . . that in situations where the expiration of a defendant’s criminal sentence becomes imminent, section 394.9135 . . . Because Gordon was not transferred to the custody of DCF in accordance with section 394.9135, but instead . . . commitment petition was filed sixteen days later, more than two months before the effective date of section 394.9135 . . . juvenile commitment, or, for confinements concluding after the May 26, 1999, effective date of section 394.9135 . . .

ENNIS, v. REGIER,, 869 So. 2d 701 (Fla. Dist. Ct. App. 2004)

. . . insufficient and because the State had failed to comply with various time standards set forth in section 394.9135 . . . See § 394.9135, Fla. Stat. (2002). . . .

WASHINGTON, v. STATE, 866 So. 2d 725 (Fla. Dist. Ct. App. 2004)

. . . Id. § 394.9135(1). . . . Id. § 394.9135(1). . . . Id. § 394.9135(2)-(3). . . . Id. § 394.9135(3). . . . Id. § 394.9135(4). . . .

STATE v. MITCHELL,, 848 So. 2d 1209 (Fla. Dist. Ct. App. 2003)

. . . . § 394.9135(3), Fla. Stat. (1999).” Id. at 563. . . .

L. GARNER, v. STATE, 839 So. 2d 924 (Fla. Dist. Ct. App. 2003)

. . . See also § 394.9135(1), Fla. . . .

SIRMONS, v. REGIER,, 846 So. 2d 1151 (Fla. Dist. Ct. App. 2003)

. . . Otherwise, he would have been immediately subject to the procedure outlined in section 394.9135. . . .

GORDON, v. REGIER,, 839 So. 2d 715 (Fla. Dist. Ct. App. 2003)

. . . in custody at the time that he was seized pursuant to a seventy-two-hour hold authorized by section 394.9135 . . . On April 10, 2000, the multidisciplinary team, pursuant to section 394.9135, recommended to the State . . . Rather, the Act contemplates that pursuant to section 394.9135(1), when the release from total confinement . . . In support of this argument, the State cites to subsection 394.9135(4), which states: The provisions . . . Subsection (3) of section 394.9135 states that, in the “safety valve” situation, if a petition is not . . .

STATE v. ROMPRE,, 837 So. 2d 453 (Fla. Dist. Ct. App. 2002)

. . . because there had been a complete failure to comply with the time requirements set forth in section 394.9135 . . . That the State of Florida failed to comply with the provisions of Florida Statute 394.9135. . . . entitled to release because of the failure to comply with the time limitations set forth in section 394.9135 . . . , it was error to dismiss the State’s petition in its entirety because of subsection (4) of Section 394.9135 . . . Section 394.9135 provides: Immediate releases from total confinement; transfer of person to department . . .

STATE v. GOODE,, 830 So. 2d 817 (Fla. 2002)

. . . . § 394.9135(2), Fla. Stat. (1999). . . . Later the court noted: Section 394.9135(3) contemplates that a judge will make an ex parte probable cause . . .

KEPHART, H. J. v. KEARNEY,, 826 So. 2d 517 (Fla. Dist. Ct. App. 2002)

. . . See § 394.9135(2), Fla. Stat. (2001). . . . to have the person involuntarily committed, “stating facts sufficient to support such allegation.” § 394.9135 . . .

STATE v. J. WAGNER,, 825 So. 2d 453 (Fla. Dist. Ct. App. 2002)

. . . the State, but concluded that he was entitled to immediate release from custody pursuant to section 394.9135 . . .

HARRIS, v. STATE, 879 So. 2d 1223 (Fla. Dist. Ct. App. 2002)

. . . What is now codified as sections 394.913 and 394.9135, Florida Statutes (2001), does make assessment . . .

A. WIDEL, v. VENZ,, 805 So. 2d 1080 (Fla. Dist. Ct. App. 2002)

. . . See § 394.9135(1), Fla. Stat. (2000). . . .

A. WIDEL, v. VENZ,, 792 So. 2d 1246 (Fla. Dist. Ct. App. 2001)

. . . See § 394.9135(1), Fla. Stat. (2000). . . .

WATROUS, v. STATE, 793 So. 2d 6 (Fla. Dist. Ct. App. 2001)

. . . See § 394.9135. . . . See § 394.9135. This alone constitutes an automatic extension of the person’s confinement. . . .

TANGUAY, v. STATE, 782 So. 2d 419 (Fla. Dist. Ct. App. 2001)

. . . See § 394.9135, Fla.Stat. (2000). . . .

STATE v. KOBEL,, 757 So. 2d 556 (Fla. Dist. Ct. App. 2000)

. . . Pursuant to the immediate release provision of the Act, section 394.9135, Kobel was transferred from . . . Under section 394.9135(2), during the first three days after the expiration of a criminal sentence, the . . . See § 394.9135(3), Fla. Stat. (1999). . . . For the foregoing reasons, we hold that in an immediate release situation under section 394.9135, Valdez . . . Weekly D2576, - So.2d -, 1999 WL 1037986 (Fla. 4th DCA Nov.17, 1999), was filed under section 394.9135 . . .

MEADOWS, v. KRISCHER, W. A., 763 So. 2d 1087 (Fla. Dist. Ct. App. 1999)

. . . See § 394.9135(3). . . . See §§ 394.913(3)(e), 394.9135(3). . . .