Florida/Georgia Personal Injury & Workers Compensation

...and (b) Suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment." § 394.912(10), Fla. Stat. (1999). Section 394.913 requires a multidisciplinary team made up of psychiatrists or psychologists to assess inmates in Florida prisons who are serving sentences for sexually violent crimes. § 394.913, Fla....

...Cent.Code § 25-03.3-11 (2002); S.C.Code Ann. § 44-48-80 (West 2002). Florida, by way of contrast, only requires the multidisciplinary team to give its recommendation and assessment to the state attorney within seventy-two hours of the person's detention. § 394.9135(2), Fla....

...y as possible. Requiring that an adversarial probable cause hearing be held within five days after a request for one places that decision in the hands of the party best equipped to decide whether or not to exercise that right. Later the court noted: Section 394.9135(3) contemplates that a judge will make an ex parte probable cause determination immediately after the state attorney's filing of a petition....

...multidisciplinary team and the state attorney of the circuit where the person was last convicted of a sexually *644 violent offense at least 365 days before the anticipated release date of the individual who meets the criteria under the Act. [3] See § 394.913(1), Fla. Stat. (1999). The multidisciplinary team will make an assessment whether the person meets the definition of a sexually violent predator and file a written assessment and recommendation with the state attorney. See § 394.913(3), Fla Stat....

...ibility of filing the probable cause petition to the *1091 state attorney. Section 394.914 specifically provides: "Following receipt of the written assessment and recommendation from the multidisciplinary team, the state attorney, in accordance with 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 such allegation." § 394.914, Fla....

...As the State points out, whoever signs the probable cause petition or an affidavit in a proceeding brought under the Act is essentially in the same position as an officer preparing an affidavit for an arrest warrant. Both the prosecutor and the psychologists rely on sources of information furnished by others. See § 394.913(2)(a)-(e), Fla....

...to the circuit court that initially made the ex parte probable cause determination." Kephart, 826 So.2d at 519. We disagree. As enacted, the Act provides numerous safeguards to ensure that a prisoner's due process rights are protected. For example, section 394.913(1)(a) requires the Department of Corrections to give written notice of an inmate's proposed release date to the multidisciplinary team and to the state attorney of the circuit where the prisoner was last convicted of a sexually violent offense at least 545 days prior to *1093 the prisoner's anticipated release from custody. § 394.913(1)(a), Fla....

...The multidisciplinary team then has 180 days after receipt of the notice to assess whether the person meets the definition of a sexually violent predator who should be subject to commitment and to provide the state attorney with its written assessment and recommendation. § 394.913(3)(e), Fla....

...In the event that a person's anticipated release becomes immediate, the agency with jurisdiction must transfer the individual to the Department of Children and Families and within seventy-two hours of transfer, the multidisciplinary team shall assess the person. § 394.9135(2), Fla....

...To initiate a commitment, the agency with jurisdiction over an alleged sexually violent offender must give written notice to a multidisciplinary team of mental health professionals of the offender's anticipated release date, with a copy to the appropriate state attorney. § 394.913(1), Fla. Stat. (2002). The notice must be given "at least 545 days prior to the anticipated release from total confinement" of the offender. § 394.913(1)(a), Fla. Stat. (2002). [8] The team then has 180 days to "assess and evaluate" the offender and recommend to the state attorney whether the offender is a sexually violent predator. § 394.913(3)(b), (e), Fla....

...e alleviated. Under this scheme, the State would have multiple opportunities to initiate and pursue these commitments before the respondent's criminal sentence expires." Goode, 830 So.2d at 826. [8] The deadline is reduced for certain offenders. See § 394.913(1), Fla. Stat. (2002). [9] Failure to follow the proper procedures "in no way prevents the state attorney from proceeding against a person otherwise subject to [the Act]." § 394.913(4), Fla....

...Within 72 hours, a multidisciplinary team must assess the individual and provide a written recommendation to the state attorney. The state attorney then has 48 hours to file a probable cause petition with the circuit court; otherwise the individual is released. § 394.9135, Fla....

...In order to determine whether a person meets the second element, a multidisciplinary team performs an assessment of that person which includes a review of *10 his or her records and a personal interview. This assessment is automatically triggered as result of a conviction for a qualifying offense. See § 394.913(1) (providing that the agency with jurisdiction over a person who has been convicted of a qualifying offense shall notify the multidisciplinary team and state attorney one year before that person's anticipated release); § 394.913(3) (providing that the multidisciplinary team shall assess and evaluate each person referred to the team)....

...Although the assessment itself is automatically triggered, whether or not the multidisciplinary team recommends commitment will depend upon an evaluation of the person's current mental state to determine whether he or she is likely to engage in acts of sexual violence if not confined. See §§ 394.913(3), 394.912(10)....

...If the State fails to have a person who has been convicted of a qualifying offense assessed before his or her release date, then rather than releasing the person, the agency with jurisdiction over that person must transfer him or her to a secure facility operated by the Department of Children and Families. See § 394.9135....

...order to allow the multidisciplinary team to perform its assessment and for the state attorney to make a decision whether to file a commitment petition and to obtain an ex parte probable cause order directing the person's continued confinement. See § 394.9135....

...ther probable cause exists to hold the person as a sexually violent predator. This is consistent with our legal historical precedents requiring a probable cause determination prior to a person's seizure." Id. at 719. The Gordon court also found that section 394.9135 provides a "safety valve for a situation where `the anticipated release from total confinement of a person who has been convicted of a sexually violent offense becomes immediate.'" Id....

...s released from total confinement...."). The Act provides that the commitment process is initiated by the "agency with jurisdiction." [1] This is done in one of two ways—either by giving notice to the multidisciplinary team and state attorney under section 394.913(1), Florida Statutes (2004), which begins the detailed process under that section, see §§ 394.913(1)-(4), or by transferring the individual to the custody of the Department of Children and Family Services upon that person's "immediate release from total confinement" under section 394.9135(1), Florida Statutes (2004). This latter procedure is followed to initiate commitment proceedings where it is anticipated that the individual will be immediately released from "total confinement" for any reason. See § 394.9135(1), Fla. Stat. (2004). [2] Section 394.913(1)(a) indicates that the person is to be in custody when proceedings are commenced because it specifically provides that the notice must be given to the multidisciplinary team and the state attorney at least 545 days prior to the pers...

...rson is in custody of the Department of Juvenile Justice or, where the person has been found not guilty of a sexually violent offense by reason of mental incapacity or insanity, from the custody of the Department of Children and Family Services. See § 394.913(1)(b)-(c), Fla. Stat. (2004). Specifically, section 394.913(1) provides that the agency with jurisdiction "shall give written notice to the multidisciplinary team, and a copy to the state attorney of the circuit where that person was last convicted *109 of a sexually violent offense." Subsecti...

...the circuit where the person plans to reside upon release " or, if no residence in this state is planned, the state attorney "in the circuit where the facility from which the person to be released is located." Id. (emphases added). Subsection (2) of section 394.913 sets forth the information that the agency with jurisdiction must provide to the multidisciplinary team, including information such as the individual's name, identifying characteristics, criminal history, mental health, mental status, and documentation of institutional adjustment. Subsection (2)(e) states that, "[i]f the person was returned to custody after a period of supervision, documentation of adjustment during supervision and any treatment received" shall be provided to the multidisciplinary team. Section 394.913(3) provides for establishment of the multidisciplinary team or teams, and states that each team shall include at least two licensed psychiatrists or psychologists....

...iolent predator, "the judge shall order that the person remain in custody and be immediately transferred to an appropriate secure facility if the person's incarcerative sentence expires." § 394.915(1), Fla. Stat. (2004) (emphasis added). Similarly, section 394.9135(3), which applies in cases where the individual is in total confinement but subject to immediate release, instructs that upon finding probable cause in a proceeding initiated under that section, "the judge shall order the person be maintained in custody and held in an appropriate secure facility for further proceedings in accordance with this part." § 394.9135(3), Fla. Stat. (2004) (emphasis added). Section 394.9135 is predicated on the underlying premise that the individual is in custody when initial steps are taken in the commitment process, addressing what must happen when "the anticipated release from total confinement of a person who has been convicted of a sexually violent offense becomes immediate for any reason." § 394.9135(1), Fla....

...This would occur, for example, where the inmate obtains an order for release from an incarcerative sentence. [4] Additionally, this section would *110 apply where an inmate is about to be immediately released from an incarcerative sentence and the detailed procedures of section 394.913 and section 394.915(1) [5] have not yet been followed to initiate commitment proceedings and retain the person in custody. Section 394.9135(1) provides that where an individual currently in total confinement is about to be released, "the agency with jurisdiction shall upon immediate release from total confinement transfer that person to the custody of the Department of Children and Family Services to be held in an appropriate secure facility." § 394.9135(1), Fla. Stat. (2004). This provision allows the multidisciplinary team seventy-two hours after this transfer to "assess whether the person meets the definition of a sexually violent predator." § 394.9135(2), Fla....

...." Id. After that, within forty-eight hours of receipt of the written assessment and recommendation from the team, the state attorney has the option of filing a petition with the circuit court alleging that the person is a sexually violent predator. § 394.9135(3), Fla....

...If a petition is timely filed pursuant to this section and the judge determines that there is probable cause, then "the judge shall order the person to be maintained in custody and held in an appropriate secure facility for further proceedings in accordance with this part." § 394.9135(3), Fla....

...Therefore, as to the question of custody, we conclude that it is clear from a reading of all of the related provisions that the legislative intent of the Jimmy Ryce Act is that the person is in lawful custody *111 at the time any initial steps are taken in the commitment process under either section 394.913 or 394.9135....

...y requirement to allow the state to initiate Jimmy Ryce proceedings against an individual who is not in lawful custody. Jurisdiction Under the Act Because the First District based its conclusion that custody is not required under the Act on sections 394.913(4) and 394.9135(4), Florida Statutes (2003), a close examination of the text of those and the other provisions of sections 394.913 and 394.9135 is required to determine the legislative intent and legal effect of subsection (4) of each statute in the context of the entire statute....

...Dep't of Labor & Employment Sec., 899 So.2d 1074, 1076-77 (Fla.2005). Accordingly, "we begin with the `actual language used in the statute.'" Continental Cas. Co. v. Ryan Inc. Eastern, 974 So.2d 368, 374 (Fla.2008) (quoting Borden, 921 So.2d at 595). The text of section 394.913(4), Florida Statutes (2004), provides as follows: (4) The provisions of this section are not jurisdictional, and failure to comply with them in no way prevents the state attorney from proceeding against a person otherwise subject to the provisions of this part. Section 394.9135(4), Florida Statutes (2004), also relied on by the First District Court of Appeal, states: (4) The provisions of this section are not jurisdictional, and failure to comply with the time limitations, which results in the release of a...

...ually violent offense, is not dispositive of the case and does not prevent the state attorney from proceeding against a person otherwise subject to the provisions of this part. These provisions remain unchanged in the 2008 statutes. We first turn to section 394.913(4)....

...team of release." This is also an appropriate consideration because the title of an act is properly considered in determining legislative intent. See Horowitz v. Plantation Gen. Hosp. Ltd. P'ship, 959 So.2d 176, 182 (Fla.2007). Based on the text of section 394.913(4) and the provisions contained in the larger part to which it refers, we conclude that the provisions of this section for which compliance is waived by subsection (4) deal only with time frames for notice of the inmate's release, the composition, duties and deadlines for the multidisciplinary team, and other specific matters relating to the assessment of the person—not the fact of the release or status of custody. 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 District read the provisions of section 394.9135(4) to dispense with all custody requirements in the section. A close reading of the actual text of subsection (4), however, shows that it refers only to "failure to comply with the time limitations, which results in the release of a person who has been convicted of a sexually violent offense." § 394.9135(4), Fla. Stat. (2004) (emphasis added). The time limitations in section 394.9135 all pertain to actions that occur after the inmate has come into the custody of the Department of Children and Family Services directly from his or her incarcerative sentence, to be held in a secure facility by that department....

...e two sections that provide time limitations—subsection (2) (seventy-two hours for the multidisciplinary team to make an assessment) and subsection (3) (forty-eight hours for the state attorney to file the petition). [6] The only time limitation in section 394.9135 that would result in release if not met is *113 the requirement that the state attorney file the petition within forty-eight hours pursuant to subsection (3)....

...a multidisciplinary team has made an assessment, and after the state attorney has failed to comply with a time limitation applicable to the filing of the petition, where that failure has resulted in the offender's release. The Legislative intent of section 394.9135(4) appears to be a "safety valve" solely to prevent persons from bringing challenges to civil commitment proceedings on technical grounds, such as the giving of late notice of the anticipated release that is mandated by section 394.9135(1)(a) or the late filing by the state attorney....

...e no steps have been taken in the commitment process, is no mere technical requirement that the Legislature has indicated is waived under subsection (4). Therefore, based on the actual text of the jurisdictional disclaimer, the legislative intent of section 394.9135(4) is that the state attorney retains the right to file a petition even if the person is released as a result of the state attorney's failure to comply with the forty-eight hour time limitation after the multidisciplinary team has acted....

...This is also supported by the title of the section: "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. " § 394.9135, Fla. Stat. (2004) (emphases added); see Horowitz, 959 So.2d at 182. Even under the circumstances described in section 394.9135 where the person is released as a result of the state attorney's failure to comply with the time limitations, steps in the commitment proceedings would have already been taken while that person was still in custody, pursuant to sections 394.9135(1) and (2). Thus, the jurisdictional disclaimer contained in section 394.9135(4) should not be extended beyond its actual text to dispense with the custody requirement where no steps in the proceedings have been initiated. Neither section 394.913(4) nor section 394.9135(4) can be read in isolation....

...This requires us, as we have done here, to "look not only to the words themselves but also to `the context in which the language lies.'" Horowitz, 959 So.2d at 182 (quoting Miele v. Prudential-Bache Sec., Inc., 656 So.2d 470, 472 (Fla.1995)). To construe sections 394.913(4) and 394.9135(4) to allow proceedings to be initiated after a person has been released from custody and is living in society, where no part of the process, was begun while the person was in lawful custody, would require us to look only at those discrete subsections in isolation; and under the *114 construction placed on the provisions by the First District, would also render without effect the other, detailed requirements of sections 394.913 and 394.9135....

...ed prior to its amendment in 1999. Tanguay, 880 So.2d at 535. Significantly, the statute in effect in Tanguay spoke in terms of the individual being "taken into custody," a provision that does not appear in the text of the current section 394.915 or 394.9135....

...*115 (2) Upon the expiration of the incarcerative sentence and before the release from custody of a person.... § 394.915, Fla. Stat. (2004) (emphases added). Moreover, former section 916.35 made no reference to the expiration of the person's incarcerative sentence, as does the amended version of the statute. [7] Section 394.9135 was also added in 1999, providing procedures to be followed where the anticipated release of an inmate from total confinement becomes immediate for any reason—statutory procedures which were not applicable to the Court's decision in Tanguay....

...," there is no longer any statutory basis on which to hold that there is no "in custody" requirement in the Jimmy Ryce Act. Accordingly, Tanguay does not control our construction of the 2004 statutes or the jurisdictional disclaimers, first, because section 394.9135 now clearly spells out what is to occur when an inmate is to be immediately released and is expressly premised on the inmate being in custody; second, because section 394.915 has been amended to state that the person for whom probabl...

...ul custody when the State takes steps to initiate commitment proceedings pursuant to the Jimmy Ryce Act in order for the circuit court to have jurisdiction to adjudicate the commitment petition. When effect is given to all the provisions of sections 394.913 and 394.9135, we conclude that the Legislature clearly intends that the individual be in lawful custody when steps are taken to initiate civil commitment proceedings under the Act....

...is part if the person is serving an incarcerative sentence under the custody of the Department of Corrections or the Department of Juvenile Justice and is being held in any other secure facility for any reason. § 394.912(11), Fla. Stat. (2004). [3] Section 394.913(1) provides in pertinent part: Except as provided in s. 394.9135, the written notice [to the multidisciplinary team] must be given: (a) At least 545 days prior to the anticipated release from total confinement of a person serving a sentence in the custody of the Department of Corrections, except that in the case of persons who are totally confined for a period of less than 545 days, written notice must be given as soon as practicable. § 394.913(1), Fla. Stat. (2004). [4] This interpretation is confirmed by Senate staff analyses on chapter 99-222, Laws of Florida, which added section 394.9135....

..." Fla. S. Comm. on Child. & Fams., CS for SB 2192 (1999) Staff Analysis 25 (Mar. 30, 1999) [hereinafter Child. & Fams. Comm. SB 2192 Analysis]; see also Fla. S. Comm. on Judiciary, CS for SB 2192 (1999) Staff Analysis 12 (Apr. 8, 1999) (stating that section 394.9135 "provide[s] an expedited involuntary civil commitment process for a person whose release becomes imminent due to factors such as successful gain-time challenges and early release statutes") [hereinafter Judiciary Comm....

...However, the state attorney retains the discretion to file a petition at any later time against the person subject to the Act. Judiciary Comm. SB 2192 Analysis at 12 (emphases added). [7] In discussing the effect of a jurisdictional disclaimer contained in section 916.33, the predecessor statute to section 394.913(4), the Tanguay Court explained the provision in terms relating only to the failure to meet certain specified time deadlines: The Legislature expressly provided that the requirements of section 916.33 are not jurisdictional and that f...

...vide its recommendation within forty-five days ), the State may still proceed against the person. Tanguay, 880 So.2d at 536 (emphasis added). [8] In this case Larimore's entire resentencing was unlawful. Thus, we do not reach the question of whether section 394.9135, Florida Statutes, would allow the State to take steps to initiate a commitment proceeding against a person who while in lawful custody an order for immediate release for any reason....

...the circuit where the person was last convicted of any offense if convicted of a sexually violent offense outside Florida) at least 365 days (90 days if the person is an adjudicated delinquent) before the person's release from total confinement. Id. § 394.913(1)(a). Within 90 days after receiving the information, the multidisciplinary team must provide to the state attorney "a written assessment as to whether the person meets the definition of a sexually violent predator and a written recommendation." Id. § 394.913(3)(e)....

address the lack of a probable cause hearing. Section 394 .913(3) provides that a team of psychiatrists or

...g the State's petition for involuntary civil commitment in which the State alleges that Mr. Gordon is a sexually violent predator. Because Mr. Gordon was not in custody at the time that he was seized pursuant to a seventy-two-hour hold authorized by section 394.9135, Florida Statutes (2000), but instead had been released from the custody of the Department of Corrections (DOC) and was in the civilian population, we hold that the Jimmy Ryce Involuntary Civil Commitment of Sexually Violent Predator...

...Gordon's release from custody, he was arrested on the warrant and held in the county jail. On that day, Mr. Gordon was transported from the county jail to Martin Treatment Center for diagnosis. On April 10, 2000, the multidisciplinary team, pursuant to section 394.9135, recommended to the State that it proceed with civil commitment under the Act....

...[4] II The Act contemplates that the agency with custody over an adult convicted of a sexually violent offense shall, within 365 days of the anticipated release, give written notice of the release to the state attorney and to a multidisciplinary team appointed by the DCF. § 394.913(1). In the case of a person who is returned to total confinement for no more than ninety days, "written notice must be given as soon as practicable following the person's return to confinement." § 394.913(1)(a). Within ninety days after the written notice is received, the DCF is to provide to the state attorney a written recommendation as to *719 whether the person meets the definition of a sexually violent predator. § 394.913(3)(e)....

...This is consistent with our legal historical precedents requiring a probable cause determination prior to a person's seizure. However, the Act contains a safety valve for a situation where "the anticipated release from total confinement of a person who has been convicted of a sexually violent offense becomes immediate." § 394.9135(1)....

...ened. The constitutionality of this type of seizure has yet to be resolved and is not presently before us. In the present case, Mr. Gordon was not transferred to the custody of the DCF upon his immediate release from total confinement as required by section 394.9135(1), but was instead released into civilian society by way of a Greyhound bus....

...nto custody pursuant to the DCF's warrant. There is no provision in the Act for commencing proceedings against a person under the Act where he or she is not in custody and is, in fact, living in society. Rather, the Act contemplates that pursuant to section 394.9135(1), when the release from total confinement becomes immediate, the person will be, at that time, transferred to the custody of the DCF to be held in a secure facility. Clearly, that person would be securely guarded during the transfer to the secure facility. Under section 394.9135(1), a person against whom involuntary civil commitment proceedings are appropriately commenced will always be in custody immediately prior to the commencement of the proceedings....

...n released into society but thereafter has been recaptured. The State argues that it may proceed against Mr. Gordon under the Act even though he was not in custody at the time proceedings commenced. In support of this argument, the State cites to subsection 394.9135(4), which states: The provisions of this section are 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 the provisions of this part. Subsection (3) of section 394.9135 states that, in the "safety valve" situation, if a petition is not filed within forty-eight hours after the written assessment, the person shall be immediately released....

...For these reasons, we conclude that the trial court erred in dismissing the state's petition. The final order is reversed with instructions to reinstate the petition. Reversed. BARFIELD, C.J., and VAN NORTWICK, J., CONCUR. NOTES [1] The statute was renumbered and amended as section 394.913(3), Florida Statutes (1999)....

...conviction or conviction in another state for a felony offense that in this state would be a sexually violent offense." Section 394.912(11) defines "total confinement" as, among other things, "being held in any other secure facility for any reason." Section 394.913(1) provides: The agency with jurisdiction over a person who has been convicted of a sexually violent offense shall give written notice to the multidisciplinary team, and a copy to the state attorney of the circuit where that person was last convicted of a sexually violent offense....

...Appellant's argument that his current incarceration must be as a result of a sexually violent offense is refuted by the two other provisions of the Ryce Act, quoted above, which provide that a "sexually violent offense" includes federal convictions or convictions in other states. §§ 394.913(1) and 394.912(9)(g)....

...ontrol, care, and treatment." § 394.912(10). Under the Act, each person scheduled for release from total confinement following a conviction for a sexually violent offense is to be assessed by a multidisciplinary team of mental health professionals. § 394.913....

...The Great Writ of Habeas Corpus was especially designed to test the legality of confinement, and the legislature has not sought to eliminate its uses—even assuming it could validly do so—under this Act. GUNTHER and GROSS, JJ., concur. NOTES [1] See § 6, ch. 99-222, Laws of Fla., renumbering § 916.33 as § 394.913, and amending subsection (3)(e) to read: "Within 45 days after receiving notice, there shall be a written assessment as to whether the person meets the definition of a sexually violent predator and a written recommendation, which shall be provided to the state attorney....

...We agree that these other provisions of the Act, when read together with section 394.925, "lead to the conclusion that the legislature did not intend that the [amended] Act apply only to persons currently incarcerated for sexually violent offenses." Hale, 891 So.2d at 521. Section 394.913(1) requires the agency having custody of an individual to give notice and information to the state attorney and to the multidisciplinary team responsible for determining whether the person meets the definition of a sexually *483 violent predator under the Act....

...[5] In Florida, before a potential predator is released from incarceration, the agency with jurisdiction over the person must inform a multidisciplinary team, which shall be comprised of at least two licensed psychiatrists or psychologists or one of each. § 394.913(1), (3)(a), Fla. Stat. (2001). This team conducts an evaluation of the person for the purpose of recommending whether the person qualifies for commitment. Before making its recommendations, the team must offer the person an interview, which may be refused. § 394.913(3)(c)....

...On August 26, prior to Meadows' release date, the State filed a petition for a probable cause determination that Meadows qualified for continued detention pending a trial to determine whether he should be committed to a secure facility for long-term treatment as a sexually violent predator. See § 394.9135(3)....

...mendation as to whether the respondent meets the definition of a sexually violent predator. The Department of Children and Family Services then provides the recommendation to the state attorney for the possible filing of a commitment petition. See §§ 394.913(3)(e), 394.9135(3). The multidisciplinary team must include two licensed psychiatrists or psychologists, or one of each. See § 394.913(3)(b)....

...The Act requires that the State file its petition in circuit court alleging that the person is a sexually violent predator and requires the court to enter a probable cause order whenever it determines that the person named in the petition should remain in custody after a petition has been filed. See §§ 394.913(c), 394.915(1)-(2)....

multidisciplinary team and state attorney under section 394.913(1), Florida Statutes (2004), which begins the

...4th DCA 2004)(stating in a "clause one" case that "Appellant's argument that his current incarceration must be as a result of a sexually violent offense is refuted by . . . other provisions of the Ryce Act . . . ."). Other provisions of the Ryce Act support this conclusion. For example, section 394.913 of the Ryce Act requires certain agencies, including the Florida Department of Corrections, Florida Department of Juvenile Justice, and Florida Department of Children and Families, who may have custody of a potential committee, to giv...

...s a sexually violent predator within the meaning of the Ryce Act "at least 545 days prior to [ ] anticipated release" in the case of the Department of Corrections, or "180 days prior to [ ] anticipated release" in the case of the remaining agencies. § 394.913(1), Fla....

...offense in this state, but also those "persons [who] "ha[ve] never been convicted of a sexually violent offense in this state but [have] been convicted of a sexually violent offense in another state or in federal court . . . ." Id. (emphasis added). Section 394.913 clearly contemplates Ryce Act filings against individuals brought into custody in Florida after January 1, 1999, for a non-sexual offense where the qualifying sexual offense is a prior conviction in a non-Florida state court or a federal court anywhere in the United States. The interpretation of the second clause of section 394.925 pressed by Ward would render this portion of section 394.913(1) of the Florida Statutes meaningless....

...[4] Not surprisingly, the intra-section parallelism and uniformity that has been found to exist in section 394.925 is mirrored by the similarly parallel and uniform action of other sections of the Act on the two jurisdictional clauses of section 394.925. See, e.g., § 394.913, Fla. Stat. (1999)(requiring notice of anticipated release to the state attorney and a multi-disciplinary team appointed by the Florida Department of Children and Families of all potential committees under the Act)(emphasis added); § 394.9135, Fla....

...Const., [4] even though the Act does not expressly require either a verified petition or affidavits. The Act provides, in pertinent part, that a person convicted of a sexually violent offense, who is scheduled for release from confinement, is to be assessed by a multidisciplinary team of mental health professionals. See § 394.9135(2), Fla. Stat. (2001). The team is to make a written assessment as to whether the person meets the definition of a "sexually violent predator." See § 394.913(3)(e)....

...gage in acts of sexual violence." § 394.912(10)(b). After receiving the team's written assessment and recommendation, the state attorney may petition to have the person involuntarily committed, "stating facts sufficient to support such allegation." § 394.9135(3)....

...Unlike Tanguay, Larimore's case is controlled by the Jimmy Ryce Act after its amendment on June 1, 1999. Among other things, the amendment moved the Act from chapter 916 ("Mentally Deficient and Mentally Ill Defendants") to chapter 394 ("Mental Health"). Ch. 99-222, Laws of Fla. Section 394.913(1), Florida Statutes (1999) (previously section 916.33(1)), provides that the agency with jurisdiction over a person convicted of a sexually violent offense shall give written notice to the multidisciplinary team and state attorney at...

...total confinement. Ch. 99-222, § 6, at 1377, Laws of Fla. In the case of a person who has been returned to total confinement for no more than 90 days, written notice must be given as soon as practicable following the person's return to confinement. § 394.913(1)(b), Fla....

...en assessment and recommendation regarding whether the person meets the definition of a sexually violent predator and should be committed under the Act, which shall be provided to the state attorney by the Department of Children and Family Services. § 394.913(3)(e), Fla. Stat. (1999). However, the provisions *357 of section 394.913 are not jurisdictional, and the failure to comply with them does not prevent the state attorney from proceeding pursuant to the Act by filing a commitment petition in circuit court. § 394.913(3), Fla. Stat. (1999). See also § 394.914, Fla. Stat. (1999). In addition, section 394.9135, Florida Statutes (1999) (a new section created by the amendment), provides that if anticipated release from total confinement becomes immediate for any reason, the person shall be transferred upon release to the custody of the Depar...

...attorney may file a commitment petition within 48 hours after receipt of the written assessment and recommendation. Ch. 99-222, § 7, at 1378-79, Laws of Fla. If the petition is not filed within 48 hours, the person is entitled to immediate release. § 394.9135(3), Fla. Stat. (1999). However, the provisions of section 394.9135 are not jurisdictional, and failure to comply with the time limitations, which results in the release of the person, is not dispositive of the case and does not prevent the state attorney from proceeding under the Act. § 394.9135(4), Fla....

...n as a sexually violent predator, it "shall order that the person remain in custody and be immediately transferred to an appropriate secure facility if the person's incarcerative sentence expires." Ch. 99-222, § 9, at 1379-80, Laws of Fla. See also § 394.9135(3), Fla....

...egally detained from June 13 to June 16, that does not divest the circuit court of jurisdiction to adjudicate the commitment petition"); Washington v. State, 866 So.2d 725, 727 (Fla. 3d DCA 2004) (Cope, J., specially concurring) ("The time limits of section 394.9135 are not jurisdictional, and a release of an individual from custody does not prevent the State from instituting proceedings under the Act")....

...nst those persons in custody at the moment the proceedings are commenced; there *358 is no provision in the Act for proceeding against those persons who are on supervision but no longer in custody. Id. at 719-20. The court rejected the argument that section 394.9135(4) allowed the state to start proceedings against a person who is not in custody. Id. at 720. We choose not to follow Gordon. The Fifth District in Moore correctly criticized Gordon on the grounds that it (1) failed to follow the plain statutory language to the effect that the requirements of section 394.9135 are not jurisdictional and (2) could not be reconciled with the supreme court's decision in Tanguay....

...be denied as moot. Where a defendant is truly entitled to immediate release, he should be given an effective remedy. [3] D. On the merits, however, I agree that the defendant is not entitled to immediate release. That is so because the provisions of section 394.9135, Florida Statutes (2000), apply to him and render the civil commitment petition timely. The legislature in 1999 amended the Jimmy Ryce Act to provide a procedure to be followed where a defendant's anticipated release from confinement "becomes immediate for any reason...." Id. § 394.9135(1) (emphasis added); ch. 99-222, § 7, Laws of Fla. Under the statute, the Department of Corrections is required to identify inmates who qualify for the Jimmy Ryce Act one year in advance of the anticipated date of release. § 394.913(1), Fla. Stat. Such inmates are referred to the multidisciplinary team for evaluation, which then makes a recommendation whether civil commitment proceedings should be initiated. Id. Section 394.9135 establishes the procedure where the anticipated release of an inmate becomes immediate for any reason. Id. § 394.9135(1). The classic example of such a release would be in a situation in which the defendant has been resentenced to a shorter sentence, or has been granted additional credit for time served. Under section 394.9135, where an inmate meets the statutory definition but is granted immediate release, the inmate is to be transferred to a secure facility operated by the Department of Child and Family Services. Id. § 394.9135(1). There is a seventy-two hour period of evaluation, followed by a forty-eight hour period in which the state attorney makes a decision whether to file a civil commitment petition. Id. § 394.9135(2)-(3)....

...If a petition is filed and the judge determines that there is probable cause to believe that the person is a sexually violent predator under the statutory definition, then the person will be held in an appropriate secure facility for further proceedings under the Act. Id. § 394.9135(3). The time limits of section 394.9135 are not jurisdictional, and a release of an individual from custody does not prevent the State from instituting proceedings under the Act. Id. § 394.9135(4)....

...the State filed the civil commitment petition. Even if it could be said that the defendant's custody was unlawful on that date, the defendant would not be entitled to immediate release. That *728 is so because whenever a release becomes "immediate," section 394.9135 mandates a transfer to the Department of Children and Family Services for evaluation and a determination whether to file a petition. In this case, an evaluation has long since been completed, a petition has already been filed, the transfer has occurred, and a probable cause determination has already been made. The defendant thus remains in lawful custody under section 394.9135....

...Curry's sentence was prudent and in keeping with the intent of the Act. See State v. Goode, 830 So.2d 817, 825 (Fla.2002). [2] See § 394.915(2), Fla. Stat. (2002). [3] These two psychologists were part of a multidisciplinary team consisting of six psychologists. See § 394.913(3), Fla....

...Notably, the supreme court indicated that the Jimmy Ryce Act commitment process is initiated in one of two ways: (1) either the state agency with jurisdiction gives notice to a multidisciplinary team and state attorney for evaluation of whether the inmate meets the definition of a sexually violent predator under section 394.913(1), Florida Statutes; or (2) when an inmate's release is imminent, the individual is transferred to the custody of the Department of Children and Family Services pursuant to section 394.9135, Florida Statutes, after which a multidisciplinary team makes an expedited evaluation....

...However, this does not necessarily mean that Bishop is entitled to be released from the Florida Civil Commitment Center. Commitment proceedings are initiated by either giving "written notice" to the multidisciplinary team and the state attorney as provided in section 394.913(1), Florida Statutes (1999), or by transferring *262 the person to the custody of the Department of Children and Family Services (DCF) when the person is immediately released for some reason as provided in section 394.9135(1)....

...formed prior to the State's filing of its commitment petition. However, none of the documents that have been provided to this court reflect the exact date when written notice was given to the multidisciplinary team and the state attorney pursuant to section 394.913(1). Thus, even if Bishop was not in lawful custody at the time the commitment petition was filed, the question remains whether he was in lawful custody when the State provided written notice to the multidisciplinary team pursuant to section 394.913(1)....

...In its response to Bishop's habeas petition, the State argues that Bishop's reliance on Larimore and Atkinson is misplaced. The State relies on a footnote in Larimore in which the court stated as follows: In this case, Larimore's entire resentencing was unlawful. Thus, we do not reach the question of whether section 394.9135, Florida Statutes, would allow the State to take steps to initiate a commitment proceeding against a person who while in lawful custody obtains an order for immediate release for any reason....

...ate the Act became effective. Because the resentencing here would have resulted in Bishop's immediate release, the State contends that it properly filed its commitment petition on that same date and was entitled to proceed against Bishop pursuant to section 394.9135....

...Sirmons was in custody at the time the State filed the petition for involuntary civil commitment, we hold that the trial court does have jurisdiction to proceed, and we deny this portion of the petition with prejudice. The facts of the case are as follows. On May 24, 2001, the Department of Corrections (DOC), pursuant to section 394.913(1), gave written notice to the multidisciplinary team of the Department of Children and Family Services (DCF) that Mr. Sirmons had been convicted of a sexually violent offense and was due to be released on June 12, 2001. [2] On June 11, 2001, the multidisciplinary team gave written notice pursuant to section 394.913(3)(e) that Mr....

...led off the street as was the case in Gordon. In the present case, Mr. Sirmons, due to an administrative error, was released from prison after the filing of the petition. Otherwise, he would have been immediately subject to the procedure outlined in section 394.9135....

...Because this issue was not raised below, we deny this claim without prejudice to Mr. Sirmons' raising it in the trial court. [2] The Act states that written notice must be given to the multidisciplinary team and the state attorney at least 365 days prior to the person's release. § 394.913(1). However, this provision is not jurisdictional. § 394.913(3)(e)....

...and ordered the DOC to award Phillips the original jail and prison credit in addition to the credit for the 177 days.... 1 On December 6, 2005, Phillips was released from the DOC and was transferred to the Florida Civil Commitment Center pursuant to section 394.9135(1), Florida Statutes (2005)....

...We now explain the reasoning behind our decision to approve the district court’s decision below. ANALYSIS The specific issue we are to decide is whether an inmate is in lawful custody at the time the State commences commitment proceedings pursuant to section 394.9135(1), Florida Statutes (2005), of the Involuntary Civil Commitment of Sexually Violent Predators Act, commonly known as the “Jimmy Ryce Act” (the Act), when the inmate’s sentence has actually expired due to postconviction credit for time previously served and/or an award of gain-time....

...sexual violence if not confined in a secure facility for long-term control, care, and treatment.” § 394.912(10)(a), (b), Fla. Stat. (2005). The authority given to the State so that it may initiate commitment proceedings under the Act is found in section 394.913 (involving the furnishing of written notice to the multidisciplinary team and state attorney at least 545 days prior to the anticipated release from total confinement if the individual is serving a sentence in the Department of Corrections (DOC)), and section 394.9135 (involving the transfer of the individual to the custody of DCF if the anticipated release from total confinement becomes immediate for any reason)....

...the Second District’s decision in Gordon v. Regier, 839 So.2d 715 (Fla. 2d DCA 2003). 9 Larimore, 2 So.3d at 104-05 . In Larimore , we clearly held that lawful custody is required whether the State is initiating commitment proceedings pursuant to section 394.913 or 394.9135 of the Act: [A]s to the question of custody, we conclude that it is clear from a reading of all of the related provisions that the legislative intent of the Jimmy Ryce Act is that the person is in lawful custody at the time any initial steps are taken in the commitment process under either section 391.913 or 391.9135....

...Lawful custody is required “in order for the circuit court to have jurisdiction to adjudicate the commitment petition.” Id. at 117 . We explained that if the judge finds that there is probable cause to believe an individual is a sexually violent predator pursuant to section 394.9135, then “the judge shall order the person be maintained in custody and held in an appropriate secure facility for further proceedings in accordance with this part.” Id. at 109 . Therefore, “[s]ection 394.9135 is predicated on the underlying premise that the individual is in custody when initial steps are taken in the commitment process, addressing what must happen when ‘the anticipated release from total confinement of a person who has been convicted of a sexually violent offense becomes immediate for any reason.’ ” Id. (quoting § 394.9135(1), Fla. Stat. (2004)). In addition, we found that the jurisdictional disclaimer provision in section 394.9135(4) “should not be extended beyond its actual text to dispense with the custody requirement where no steps in the proceedings have been initiated.” Id....

...n was filed — did not control our construction of the Act. Id. at 114. We explained that the language “taken into custody” under section 916.35(1), the statute in effect in Tanguay , did not appear in the current version of sections 394.915 or 394.9135....

...Instead, if the judge finds that probable cause exists, under section 394.915, the judge shall order that the individual “re *1241 main in custody.” 10 Id. With “remain in custody” replacing “taken into custody” coupled with the Legislature’s enactment of section 394.9135, “providing for special procedures where immediate release is anticipated,” we held that “there is no longer any statutory basis on which to hold that there is no ‘in custody’ requirement in the Jimmy Ryce Act.” Id....

...The DOC applied this court-ordered credit which, along with gain-time, resulted in a recalculated expiration of sentence date of August 31, 2005. Thereafter, on December 6, 2005, the State commenced commitment proceedings against Phillips by having the DOC transfer Phillips to the custody of the DCF pursuant to section 394.9135(1), which provides: 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 [DCF] to be held in an appropriate secure facility. § 394.9135(1), Fla. Stat. (2005). We initially determine that Larimore’s construction of section 394.9135 controls the issue before us. Therefore, in order for the circuit court to properly exercise jurisdiction over the commitment petition, the individual must have been in lawful custody at the time the initial steps were taken under section 394.9135....

...Phillips contends he was not in lawful custody; the State disagrees. The State argues that Larimore implies that an incarcerative sentence subject to an immediate termination due to a proper award of gain-time or credit for time previously served is “lawful custody” under section 394.9135, citing to footnotes four and eight of the opinion. We are not persuaded by the State’s definition of “lawful custody” under section 394.9135. In Larimore , we stated that section 394.9135(1), “would occur, for example, where the inmate obtains an order for release from an incarcerative sentence.” 2 So.3d at 109 . We then said in footnote four: This interpretation is confirmed by Senate staff analyses on chapter 99-222, Laws of Florida, which added section 394.9135....

...early judicially mandated release from prison.” Fla. S. Comm, on Child. & Fams., CS for SB 2192 (1999) Staff Analysis 25 (Mar. 30, 1999); see also Fla. S. Comm, on Judiciary, CS for SB 2192 (1999) Staff Analysis 12 (Apr. 8, 1999) (stating that section 394.9135 “provide[s] an expedited involuntary civil commitment process for a person whose release becomes imminent due to factors such as successful gain-time challenges and early release statutes”)....

...The section is intended to assist the Department of Children and Families and state attorneys with expediting cases in such circumstances. Child. & Fams. Comm. SB 2192 Analysis at 25; Judiciary Comm. SB 2192 Analysis at 12. Id. at 109 n. 4. It is clear that the staff analyses quoted in footnote four demonstrate that section 394.9135 was enacted as a safety valve for certain situations, including where a postconviction court or an appellate court rules in the defendant’s favor, thereby entitling the defendant to credit for time previously served and/or gain-time. We do not find, however, any intention on the part of the Legislature to authorize the State to first travel under section 394.9135 after an inmate’s sentence expires. To the contrary, the staff analy-ses explain that section 394.9135 addresses situations where a release “will become immediate” or “becomes imminent.” Thus, section 394.9135 would be utilized in situations where the award of credit and/or gain-time causes an incarcerative sentence to expire in the immediate future....

...After stating our holding in Larimore— that the Act requires individuals to be in lawful custody when commitment proceedings are initiated — we said in footnote eight: In this case Larimore’s entire resen-tencing was unlawful. Thus, we do not reach the question of whether section 394.9135, Florida Statutes, would allow the State to take steps to initiate a commitment proceeding against a person who while in lawful custody obtains an order for immediate release for any reason....

...at 117 n. 8. We emphasized “while in lawful custody” and thus the issue contemplated in footnote eight hinges on whether or not the State initiated commitment proceedings while the individual was in lawful custody. We hold that lawful custody under section 394.9135(1) requires the State to initiate commitment proceedings prior to the expiration of sentence date. When the anticipated release of a corrected sentence is imminent, the DOC may properly initiate the transfer of the individual to the custody of the DCF prior to the expiration of the individual’s incarcerative sentence pursuant to section 394.9135(1). Conversely, if the State first initiates commitment proceedings under section 394.9135(1) after the actual expiration of sentence date — which was accelerated due to credit for time-served and/or an award of gain-time — the individual is not in lawful custody and the circuit court is without jurisdiction to adjudicate the commitment petition....

...aterally deprive a circuit court of jurisdiction over a commitment petition. In other words, whether a circuit court has jurisdiction over a commitment petition does not rest solely on the action or inaction of the defendant. Separate and apart from section 394.9135, the State is authorized to initiate commitment proceedings under section 394.913. Under this provision, the DOC must give written notice to the multidisciplinary team of a housed inmate who has been convicted of a sexually violent offense at least 545 days prior to that individual’s anticipated release. § 394.913(l)(a), Fla....

...f the Act but ‘would be contrary to the basic tenets of fairness and due process.’ ” 2 So.3d at 115 (quoting Atkinson, 831 So.2d at 174 ). Contrary to the State’s contention, approving the decision of the district court below does not render section 394.9135 meaningless. Section 394.9135 “would apply where an inmate is about to be immediately released from an incarcerative sentence and the detailed procedures of section 394.913 and section 394.915(1) have not yet been followed to initiate commitment proceedings and retain the person in custody.” Id. at 109-10 (footnote omitted). In addition, section 394.9135 would conceivably apply to executive clemency proceedings pursuant to Chapter 940, Florida Statutes, as well as conditional medical releases under section 947.149, Florida Statutes....

...ated release date when the individual begins serving his or her sentence. With a correctly calculated anticipated release date determined from the outset, the DOC may then properly comply with the requirement of furnishing written notice pursuant to section 394.913....

...."Lawful custody” is expressed once in the Act, referring to an individual's status for the crime of escape or attempting to escape. See § 394.927(1), Fla. Stat. (2005). . The term “total confinement” appears in both commitment procedures, sections 394.913 and 394.9135. See § 394.913(1)(a), Fla. Stat. (2005) ("[WJritten notice must be given: At least 545 days prior to the anticipated release from total confinement of a person serving a sentence in the custody of the Department of Corrections_”) (emphasis added); § 394.9135(1), Fla....

...custody was a result of a good faith mistake of fact or law. We are mindful of the "jurisdictional disclaimer” provisions contained in the Jimmy Ryce Act, which are remarkably different from the California statutory provision referenced above. See § 394.913(4), Fla. Stat. (2005) ("The provisions of this section are not jurisdictional, and failure to comply with them in no way prevents the state attorney from proceeding against a person otherwise subject to the provisions of this part.”); § 394.9135(4), Fla....

...(2003)) ("`Sexually violent predator' means any person who ... suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment."). [3] See § 394.913(3), Fla....

...Sutton, it is not clear whether the Florida Legislature intended that such defendants would have rights against self-incrimination in these civil commitment proceedings. Compare § 394.9155(1), Fla. Stat. (2000) (providing that rules of civil procedure apply to proceedings under the Act) with § 394.913(3)(c), Fla....

...assault. Because he was convicted of a sexually violent offense, DCF evaluated him in March 2009, six months before his August 2009 prison release date, and concluded that he met the criteria for civil commitment as a sexually violent predator. See § 394.913, Fla....

...nary team at least 545 days prior to the person’s anticipated release from prison, and the team must evaluate the person and provide a written assessment within 180 days as to whether the person meets the definition of a sexually violent predator. § 394.913(a), (e)....

...se is going to be immediately released from prison, the person is transferred upon release to DCF custody, and the multidisciplinary team must determine within seventy-two hours whether the person meets the definition of a sexually violent predator. § 394.9135(1), (2). If it determines that the person does not meet the definition, “that person shall be immediately released.” § 394.9135(3)....

...trial court finds probable cause to believe the person is a sexually violent predator, the trial court orders the person to be held in a secure facility for a trial within thirty days to determine the question by clear and convincing evidence. §§ .394.9135(3), 394.915, 394.916(1), 394.917(1)....

...Instead, it chronicles which parts of the treatment plan he had and had not completed before returning to prison a year earlier. Although the initial evaluation requires a multidisciplinary team that includes two licensed psychiatrists, or psychologists and a personal interview, § 394.913(3)(b), (c), the psychologist who signed this report presumably has not personally interviewed Mr. Jackson in the previous year. . Six months before his scheduled September 2009 release from prison, Mr. Jackson was assessed to determine whether he met the definition of a sexually violent predator subject to civil commitment. See § 394.913, Fla. Stat. (2008). DCF recommended commitment. See § 394.913(3)(e)....

...imony, or proof by at least one mental health expert, had to be provided. Instead, the court noted that such a rule failed to consider that the Act delegates the responsibility for filing a probable cause petition with the state attorney pursuant to section 394.913, and concluded that because the Legislature gave the state attorney this responsibility, the state attorney could swear to the facts in the petition....

...The Florida Legislature has established a detailed procedure for the involuntary commitment of certain sexually violent predators. In particular, the legislation requires a written assessment of certain incarcerated prisoners to determine whether they meet the definition of sexually violent predators. See § 394.913, Fla. Stat. (2000). The legislation anticipates that the written assessment will be compiled by the Florida Department of Children and Family Services and forwarded to the State Attorney's Office. See § 394.913(3)(e), Fla....

...(2000). In fact, the legislation specifically devolves powers and duties to those persons and agencies authorized to give notice that a convict is a potentially sexually violent predator, as well as to those authorized to act upon such notice. See § 394.913, Fla....

...4th DCA 2003) (holding that the appellate court lacks appeal jurisdiction over orders of release but that the State may seek review by petition for certiorari). . §§ 394.910-931, Fla. Stat. (1999) (titled "Involuntary Civil Commitment of Sexually Violent Predators”). . Section 394.913(3)(b) requires a multidisciplinary team made up of at least two licensed psychiatrists or psychologists to assess and evaluate Florida prison inmates serving sentences for sexually violent crimes.

...*1154 The Jimmy Ryce Act requires that the “agency with jurisdiction over a person who has been convicted of a sexually violent offense” provide written notice and certain information regarding the person to a multidisciplinary team before the person’s release from total confinement. See § 394.913, Fla....

...4th DCA 1999)). In the instant ease, since the defendant remains in custody after serving his sentence, we must determine whether “scrupulous compliance” with the Jimmy Ryce Act has been observed. When evaluating section 394.914 in conjunction with section 394.913, it becomes clear that Har *1157 den’s detention contravenes the plain meaning of those statutes....

...Thus, the trial court was not authorized to conduct an ex-parte probable cause hearing pursuant to section 394.915. Accordingly, we grant the petition for a writ of certiorari, quash the order, and remand for further proceedings consistent with this opinion. Certiorari granted and order quashed. . Section 394.913(3) states, in pertinent part: (b) Each team shall include, but is not limited to, two licensed psychiatrists or psychologists or one licensed psychiatrist and one licensed psychologist.......

...[[Image here]] (e) Within 180 days after receiving notice, there shall be a written assessment as to whether the person meets the definition of a sexually violent predator and a written recommendation, which shall be provided to the state attorney. § 394.913(3), Fla. Stat. (2004). . Section 394.914 states, in pertinent part: Following receipt of the written assessment and recommendation from the multidisciplinary team, the state attorney, in accordance with 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 such allegation....

...ment proceedings are commenced under the Act. The Act provides that the commitment process is initiated by the "agency with jurisdiction." This is done in one of two ways-either by giving notice to the multidisciplinary team and state attorney under section 394.913(1), Florida Statutes (2004), which begins the detailed process under that section, see § 394.913(1)-(4), or by transferring the individual to the custody of the Department of Children and Family Services upon that person's "immediate release from total confinement" under section 394.9135(1), Florida Statutes (2004)....

...th, Department of Children and Family Services, and to the state attorney, stating that Marsh appeared to be a sexually violent predator, and that he was scheduled for release from incarceration. See § 916.33, Fla. Stat. (Supp. 1998) (renumbered as section 394.913, and amended by ch....

...e commitment process was initiated. See Larimore, 2 So.3d at 110-11 (concluding that "the legislative intent of the Jimmy Ryce Act is that the person is in lawful custody at the time any initial steps are taken in the commitment process under either section 394.913 or 394.9135")....

...Jimmy Ryce Act and sought a probable cause finding to detain Kakuk for trial. The two state experts, Dr. Gregory A. Pritchard and Dr. Nancy Wonder, prepared their supporting evaluations based on their review of available records because, pursuant to section 394.913(2)(c), Kakuk had declined a personal interview with them. Section 394.913(2)(c) provides: Before recommending that a person meets the definition of a sexually violent predator, the person must be afforded a personal interview....

...The petition seeking to commit Ortega as a sexually violent predator was filed in January 1999. In our analysis, we will refer to the provisions of chapter 916, but will also reference the corresponding provisions in the current statutes, contained in chapter 394, Florida Statutes (2004). . § 394.913(3), Fla....

...The petition seeking to commit Ortega as a sexually violent predator was filed in January 1999. In our analysis, we will refer to the provisions of chapter 916, but will also reference the corresponding provisions in the current statutes, contained in chapter 394, Florida Statutes (2004). [2] § 394.913(3), Fla....

in advance of the anticipated date of release. § 394.913(1), Fla. Stat. Such inmates are referred to the

...entitled to have his attorney present at a court-ordered neu-ropsychological examination, absent some case-specific factor not proven there. 704 So.2d at 1128 . 2 The proposed mental evaluation that has given rise to the present proceedings is not a section 394.913(3)(c) “personal interview” or part of the multidisciplinary team assessment that must be done before a petition for involuntary commitment as a sexually violent predator can be filed: petitioner has already been assessed by a “multidisciplinary team” which included two licensed psychiatrists or psychologists. See § 394.913(3)(b), Fla....

...(2000). Before the Department of Children and Families can make a recommendation to the state attorney that a person meets the definition of a sexually violent predator, he must be offered a “personal interview” by the multidisciplinary team. See § 394.913(3)(c), Fla....

sexually violent offense.” § 394.913(1), Fla. Stat. (2008).5 Under section 394.913, which provides the applicable

...of appeal. It houses detainees under the Jimmy Ryce Act from throughout Florida. A petition to establish the State’s right to detain such an individual is filed in the circuit where the individual was last convicted of a sexually violent offense. § 394.913(1), .9135(3), Fla....

...ALTENBERND, KHOUZAM, and CRENSHAW, JJ., Concur. . If the individual was convicted of a sexually violent offense in another state or in federal court, the petition is filed in the circuit where the individual was last convicted of any offense in this state. § 394.913(1)....

...predator and ordered that he be maintained in DCF custody at the FCCC pending further order. On December 9, 2013, Reed filed a motion to dismiss the petition for lack of jurisdiction. The motion argued that (1) Reed was not in “total confinement”4 when in section 394.9135(2) expired on May 28, 2013. This is not a jurisdictional defect, see § 394.9135(4), Fla. Stat. (2012); Larimore v. State, 2 So. 3d 101, 112-13 (Fla 2008), and Reed does not argue that he was prejudiced by the tardy report. 3 See § 394.9135(3), Fla....

...Analysis In Larimore, the Florida Supreme Court explained that the commitment process under the Jimmy Ryce Act can be initiated against a person who has been convicted of a sexually violent offense in one of two ways: (1) under section 394.913, Florida Statutes, by giving notice to the multidisciplinary team and state attorney at least 545 days before the person’s anticipated release from total confinement; or (2) under section 394.9135, Florida Statutes, by transferring the person to the custody of DCF upon immediate release from total confinement. See 2 So. 3d at 108. 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 is about to be released, “the agency with jurisdiction shall upon immediate release from total confinement transfer that person to the custody of...

...upon – meaning, “immediately or very soon after”5 – the person’s release from total confinement, the Florida Supreme Court recently held that the transfer must occur prior to the expiration of the person’s sentence: We hold that lawful custody under section 394.9135(1) requires the State to initiate commitment proceedings prior to the expiration of sentence date....

...When the anticipated release of a corrected sentence is imminent, the DOC may properly initiate the transfer of the individual to the custody of the DCF prior to the expiration of the individual's incarcerative sentence pursuant to section 394.9135(1). Conversely, if the State first initiates commitment proceedings under section 394.9135(1) after the actual expiration of sentence date—which was accelerated due to credit for time-served and/or an award of gain-time—the individual is not in lawful custody and the circuit court...

...Phillips, 119 So. 3d 1233, 1242 (Fla. 2013); see also Larimore, 2 So. 3d at 110-11 (“[T]he legislative intent of the Jimmy Ryce Act is that the person is in lawful custody at the time any initial steps are taken in the commitment process under either section 394.913 or 394.9135.”) (emphasis added); State v....

...2d 172, 174 (Fla. 2002) (construing the Jimmy Ryce Act to require “lawful custody,” rather than “actual custody”). 6 5 See, e.g., http://dictionary.reference.com/browse/upon?s=t 6 We share Judge Lawson’s views that the judicial gloss placed upon section 394.9135 by these decisions renders the statute largely meaningless, but we are nevertheless bound by these decisions....

...18, 2002, to cover its failure to fully think through the consequences of the agreement it entered into on April 17, 2002. Id. (citations omitted and emphasis in original). The same is true here; the State cannot utilize section 394.9135(1) on May 24, 2013, to cover its failure to fully think through the consequences of the time-served plea agreement it entered into on May 23, 2013. We have fully considered all of the State’s arguments in support of the tri...

...Reed obtained an order for immediate release while he was in lawful custody, not after his sentence had expired. We are not persuaded by this argument. The State is correct that Larimore and Phillips did not address the question of whether section 394.9135 would allow the State to take steps to initiate a commitment proceeding against a person who, like Reed, obtains an order for immediate release while he was in lawful custody. See Larimore, 2 So. 3d at 117 n.8 (“[W]e do not reach 8 the question of whether section 394.9135, Florida Statutes, would allow the State to take steps to initiate a commitment proceeding against a person who while in lawful custody obtains an order for immediate release for any reason.”) (emphasis in original); Phillips, 119 So....

...However, as we read the broad language in Phillips, even if the person obtained an order for immediate release while in lawful custody, the State would still have to take steps to initiate the commitment process before the person’s sentence expires. See 119 So. 3d at 1242 (“We hold that lawful custody under section 394.9135(1) requires the State to initiate commitment proceedings prior to the expiration of sentence date.”)....

...CTION OVER A PETITION FILED UNDER THE JIMMY RYCE ACT AGAINST A PERSON WHO OBTAINS AN ORDER FOR IMMEDIATE RELEASE WHILE IN LAWFUL CUSTODY WHERE THE COMMITMENT PROCESS IS INITIATED UNDER SECTION 394.9135, FLORIDA STATUTES, AFTER THE PERSON’S SENTENCE EXPIRED BUT BEFORE HE IS ACTUALLY RELEASED? PETITION GRANTED; QUESTION CERTIFIED. LEWIS, C.J., WOLF and WETHERELL, JJ., CONCUR....