# Supreme Court of Florida

____________

No. SC2023

- 0005

____________

IN RE: AMENDMENTS TO FLORIDA RULES OF CIVIL

PROCEDURE FOR INVOLUNTARY COMMITMENT OF SEXUALLY

VIOLENT PREDATORS

.

August 31, 2023

PER CURIAM.

The Supreme Court Criminal Court Steering Committee filed a

report proposing amendments to the Florida Rules of Civil

Procedure for Involuntary Commitment of Sexually Violent

Predators. 1 The Committee unanimously approved the proposed

amendments and publishe d the proposal for comment prior to filing

it with the Court. No comments were received. After the Committee

filed its report, the Court published the proposal for comment, and

no comments were received.

1 . We have jurisdiction. See art. V, § 2(a), Fla. Const. ; Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1).- 2

- The Court hereby adopts the amendments as propose d by the

Committee with slight modification . The amendments are generally

grammatical in nature and involve reflecting the name change from

the Florida Rules of Judicial Administration to the Florida Rules of

General Practice and Judicial Administration, adding titles for

subdivisions that currently are lacking titles, providing consistency

with other c ourt rule s and the Guidelines for Rules Submissions,

and streamlining existing verbiage

.

Accordingly, we amend the Florida Rules of Civil Procedure for

Involuntary Commitment of Sexually Violent Predators as reflected

in the appendix to this opinion. New language is indicated by

underscoring; deletions are indicated by struck

- through type. The

amendments shall become effective January 1, 202 4 , at 12:01 a.m.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
FRANCIS, and SASSO, JJ., concur.

TH E FILING OF A MOTION FOR REHEARING SHALL NOT ALTER

THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding

– Florida Rules of Civil Procedure

Judge Joseph A. Bulone, Chair, Criminal Court Steering Committee, Clearwater , Florida, and Bart Schneider, S taff Liaison, Office of the State Courts Administrator, Tallahassee, Florida,- 3

- for Petitioner- 4

- APPENDIX

RULE 4.010. SCOPE AND TITLE OF RULES

These rules shall apply to all civil actions filed in the circuit courts of the State of Florida pursuant to part V, chapter 394,

Florida Statutes. These rules shall be are known as the Florida Rules of Civil Procedure for Involuntary Commitment of Sexually

Violent Predators and abbreviated as Fla. R. Civ. P.

– S.V.P.

RULE 4.040. PARTIES

The State of Florida shall be is the petitioner in actions brought under these rules. Any person who is alleged to be a sexually violent predator shall be is designated as the respondent.

RUL E 4.060. VENUE AND TRANSFERS OF ACTIONS

Venue for bringing a petition under Part V, chapter 394, Florida Statutes, shall must be (1) in the county where the respondent was last charged and convicted of a qualifying offense; (2) if the person has never been convicted of a qualifying offense in

this state but has been convicted of such an offense in another state or in federal court, in the county where the person was last convicted of any offense in this state; or (3) if the person is being

confined in this s tate pursuant to interstate compact and has a prior or current conviction for a sexually violent offense, in the county where the person plans to reside upon release or, if no residence in this state is planned, in the county where the facility

from which the person to be released is located. If it should appear at any time that the action is pending in the wrong county

, it may be transferred by motion of any party or on motion by the court.- 5

- RULE 4.070. PROCESS

(a) Issuance. The clerk of the court shall mu st issue a summons, a copy of the petition, any accompanying affidavits, and a copy of the order finding probable cause to the respondent upon receipt of an order finding probable cause signed by a circuit judge.

The summons shall must direct the respondent to file an answer to the petition within ten days after the date of service. The state
attorney shall must serve a copy of the petition and related documents upon the attorney appointed to represent the respondent pursuant to rule 4.080. The finding of probable cause

shall is not become effective until the summons is returned served

and filed with the clerk of the court.

(b) Service; By Whom Made. The state attorney shall must electronically transmit a copy of the summons, petition, any accompanying affidavits, and the order finding probable cause to the person in charge of the facility in which the respondent is confined. The person in charge of the facility shall must serve a printed copy of the summons, the petition, any accompanying affidavits, and order finding probable cause on the respondent within 24 hours after receiving it and before the respondent is

tra nsferred to a secure facility. The person in charge of the facility in which the respondent is confined shall must make a return on the summons within 24 hours after making service, by electronically confirming to the state attorney that service has been

ma de. The state attorney shall must file a printed copy of the return with the clerk, along with the summons, on the first business day after receiving it. Additional process may be issued as in other civil

actions.

RULE 4.080. SERVICE AND FILING OF PLEADING S, PAPERS,

AND DOCUMENTS

(a) Service; When Required

. Unless the court otherwise orders, every pleading subsequent to the initial pleading and every other document filed in the action, except applications for a witness subpoena, shall must be served on the o pposing party.- 6

- (b) Service of Subsequent Pleadings Other Than Original Petition; How Made

. When service is required or permitted to be made upon a party represented by an attorney, service shall must be made upon the attorney unless service upon the party i s ordered by the court. Service on the attorney or party shall must be as required by Fla. R. Gen. Prac. & Jud. Admin. 2.516.

(c) Filing. All documents that are “court records” as defined

in the Florida Rules of General Practice and Judicial Administration

must be filed with the clerk in accordance with Fla. R. Gen. Prac. &

Jud. Admin. 2.520 and 2.525.

(d) Deposit with the Clerk. Any paper document that is a judgment or required by statute or rule to be sworn to or notarized

shall must be filed and deposited with the clerk immediately

thereafter. The clerk shall must maintain deposited original paper

documents in accordance with Fla. R. Gen. P rac. & Jud. Admin. 2.430, unless otherwise ordered by the court.

RULE 4.090. TIME

(a) Computation

. Computation of time shall be is governed by Florida Rule of General Practice and Judicial Administration

2.514.

(b) [NO CHANGE]

RULE 4.100. PLEADINGS AND MOTIONS

(a) Pleadings. There shall must be a petition and an answer

to it. The answer shall must set forth any affirmative defense to the petition, including the failure of the petition to state a cause of action. No other pleadings shall be are allowed. All pleadings

shall must comply with the rules governing pleadings in other civil actions. (Rules 1 .100 and 1.110, Fla. R. Civ. P.)- 7

- (b) Motions

. An application to the court for an order

shall must be by motion which shall must be made in writing unless made during a hearing or trial, shall must state with particularity the grounds therefor, and shall must set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion. All notices of hearing shall must specify each motion or other matter to be heard.

(c) Caption

. Every ple ading, motion, order, judgment, or

other document shall must have a caption containing the name of the court, the uniform case number, the name of the party on each side, and a designation identifying the party filing it and its nature or the nature of the order, as the case may be. All documents filed

in the action shall be styled in such a manner as to must clearly

indicate clear ly the subject matter of the paper and the party requesting or obtaining relief.

RULE 4.110. MOTIONS

(a) Motion for Summary Judgment. After the pleadings and discovery are closed, but within such time as not to delay the trial, any party may move for summ ary judgment. Summary judgment practice shall be is governed by Fla. R. Civ. P. 1.510.

(b) Motions to Dismiss . Motions directed to the sufficiency of the petition shall must be contained in the answer as an

affirmative defense.

(c) Motion for More Definite Statement

. A respondent may

file a motion for a more definite statement which shall must be considered a motion for a statement of particulars in response to the original petition. The motion shall must disclose the defects in the petition.- 8

- RULE 4.200. APPOINTMENT OF COUNSEL

(a) Appointment of Attorney. The presiding judge

shall must appoint an attorney to represent the respondent at the time an order finding probable cause is entered. The appointment

sh all continue s until the court determines whether the respondent is not entitled to court appointed counsel, private counsel represents the respondent, or the respondent waives the right to

counsel. Stand

- by counsel may be appointed if the respondent

waives the right to counsel.

(b) Waiver of Counsel. The court shall must conduct a n thorough inquiry as set forth in Faretta v. California , 422 U.S. 4 8 06 (1975), in the event the respondent unequivocally requests self

representation, and shall may consider appointment of stand

- by counsel if the respondent proceeds unrepresented.

RULE 4.220. ADVERSARIAL PROBABLE CAUSE HEARING

(a) Time; Waiver. An adversarial probable cause hearing

shall must be held, within 5 days after service of a demand upon the petitioner, if the court determines that the failure to begin a trial in accordance with the time provided in rule 4.240(a) is not the result of any delay caused by the respondent and the time limitation to begin the hearing has not been waived. The respon dent may waive the adversarial probable cause hearing in writing or on the record in open court.

(b) If Respondent in Department of Children and Family Services Custody. An adversarial probable cause hearing

shall must be held, within 5 days after service o f a demand upon the petitioner, if the respondent’s incarcerative sentence has expired and the respondent has been transferred to the custody of the Department of Children and Family Services.

(c) Probable Cause. The court shall must receive evidence, hear argument of the attorneys, and determine whether probable- 9

- cause exists to believe that the person is a sexually violent predator at the adversarial probable cause hearing.

(d) Rights of Respondent. At the adversarial probable

cause hearing, the respondent has the right to:

(1)

– (4) [NO CHANGE]

(e) If No Probable Cause. The court shall must issue an Order of No Probable Cause and release the respondent from custody if the evidence does not establish probable cause to believe the respondent is a sexually violent predator.

RULE 4.240. TRIAL PROCEEDINGS AFTER FINDING OF

PROBABLE CAUSE ; 5 DAY ST ATUS HEARING;

DETERMINATION OF COUNSEL FOR THE RESPONDENT; WAIVER OF TIME LIMITATIONS

(a) 5 Day Status Hearing; Time for Trial; Waiver of Time.

The court shall must conduct a status hearing within 5 days after the summons is served. At the hearing, the court shall must determine if the respondent is entitled to court appointed counsel

, and must appoint counsel if the respondent qualifies for and
requests it counsel . Th e respondent shall must be given a reasonable time to obtain private counsel if time is requested for that purpose.

A Faretta inquiry shall must be conducted if the respondent unequivocally elects self

- representation. The trial to determine if the responden t is a sexually violent predator shall must be commenced within 30 days after the summons has been returned served and filed with the clerk of the court, unless the respondent

waives the 30

- day time period in writing, with a copy to the assigned judge, or on the record in open court. The court shall must set a trial date not less than 90 days after the date of the waiver of

the 30

- day period. Further continuances shall will be allowed only on good cause shown. A future trial date shall must be set if a

further continuance is allowed.

(b) Non

- Jury or Jury Trial. The trial shall will be to the court without a jury a non

- jury trial unless the state attorney or the- 10

- respondent either party files a demand for jury trial in accordance

with rule 4.430.

(c) Burden of Persuasion. The burden of proof for the judge or jury to determine if the respondent is a sexually violent predator is clear and convincing evidence.

(d) Unanimity. The court shall must enter final judgment for the petitioner if the a jury una nimously finds the respondent to be a sexually violent predator.

(e) Hung Jury; Time for Re

- trial. The court shall must declare a mistrial if the jury cannot reach a unanimous verdict. The

court shall must poll the jury before it is discharged to determine i f at least four jurors would have found the respondent to be a sexually violent predator.

(1) A re

- trial shall must be scheduled if at least four jurors would have found the respondent to be a sexually violent predator. The re

- trial on the petition must com mence within 90 days after the date of the mistrial, unless the case is continued at the request of the respondent for good cause. The court shall must enter final judgment for the respondent if the re

- trial is not commenced within 90 days from the date of the mistrial unless the respondent has waived the time limit by receiving a continuance.

(2) If three or more jurors do not find that the respondent is a sexually violent predator, the court shall must enter a final judgment in favor of the respondent.

RULE 4.260. CONTINUANCE OF TRIAL

A motion for continuance by either party shall must be in writing unless made in a hearing in open court and shall must be signed by the party or attorney requesting the co ntinuance. The

motion shall must state all of the facts that the movant contends entitles the movant to a continuance. If a continuance is sought on the ground of non

- availability of a witness, the motion must- 11

- show state when the witness will be available. T he trial may be continued once upon the request of either party for not more than 120 days upon a showing of good cause, or by the court on its own motion in the interests of justice, when the person n either party will

not be substantially prejudiced. No ad ditional continuances may be granted unless the court finds that a manifest injustice would

otherwise occur. Continuances should only be ordered only upon a showing of good cause. A motion for continuance on behalf of the respondent shall must state that th e respondent has been advised of all consequences of the request and of any rights waived by the

motion.

RULE 4.280. GENERAL PROVISIONS GOVERNING DISCOVERY

(a) [NO CHANGE]

(b) Scope of Discovery. Unless otherwise limited by order

of the court in accordance with these rules, the scope of discovery is

as follows:

(1) [NO CHANGE]

(2) Trial Preparation: Materials. Subject to the provisions of subdivision (b)(1) of this rule, a party may obtain discovery of documents and tangible things otherwise disc overable under subdivision (b)(1) of this rule and prepared in anticipation of litigation for trial only upon a showing that the party seeking discovery has need of the materials in the preparation of the case and is unable without undue hardship to obtain the substantial equivalent of the materials by other means. In ordering discovery of the materials when the required showing has been made, the court

shall must protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.

(3) Trial Preparation.- 12

- (A) (i) The state attorney bringing the action

shall must disclose the names and addresses of all witnesses to be called by the petitioner to testify at tri al at the time of the filing of the petition. The respondent shall must disclose the names and addresses of all witnesses to be called by the respondent at trial at the time of filing the answer to the petition. The list of witnesses may be amended without leave of court until ten days prior to trial. Thereafter, the witness lists may be amended by leave of court.

(ii) The witness list shall must include the names and addresses of expert witnesses. A copy of all reports made by experts shall must be disclosed as soon as they are received. An expert may be required to produce financial and business records only under the most unusual or compelling

c ircumstances and may not be compelled to compile or produce nonexistent documents. Upon motion, the court may order further discovery by other means, subject to such restrictions as to scope and other provisions pursuant to subdivision (b)(1) of this rule concerning fees and expenses as the court may deem appropriate.

(iii) The state attorney shall must provide the respondent with copies of case reports, depositions, witness statements and other records regarding the respondent’s prior criminal history and c onfinement, and any other document or material reviewed and relied upon by the multidisciplinary team in evaluating the respondent, within ten days after the summons has

been returned served and filed with the clerk of the court.

(B) [NO CHANGE]

(C) Expert witnesses shall must be paid a reasonable fee for time spent responding to discovery under subdivision (b)(3)(A) and (b)(3)(B) of this rule unless a manifest injustice would result. Respondents who are not indigent may be required to pay for discover y obtained under (b)(3)(A) and shall must be responsible for discovery obtained under (b)(3)(B). The state attorney and indigent respondents shall must apply for compensation for experts in the manner prescribed by law.- 13

- (4) Claims of Privilege or Protection of Trial Preparation Materials. When a party withholds information otherwise discoverable under these rules by claiming that it is privileged or subject to protection as trial preparation material, the
party shall must make the claim expressly and shall must describe the nature of the documents, communications, or things not produced or disclosed in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the applicability of the privilege or protection. Attorney work product claims and preparation for trial privilege claims shall must
be allowed.

(c) [NO CHANGE]

(d) Sequence and Timing of Discovery. Except as provided in subdivision (b)(1) or unless the court upon motion for the convenience of parties a nd witnesses and in the interest of justice orders otherwise, methods of discovery may be used in any sequence, and the fact that a party is conducting discovery, whether by deposition or otherwise, shall must not delay any other party’s discovery.

(e) Supp lementing of Responses. A party who has responded to a request for discovery with a response that was complete when made is under a continuing duty to supplement the response to include information thereafter acquired. This provision shall apply applies to the reciprocal discovery obligation of the petitioner and the respondent to reveal witnesses’ names and addresses on a continuing basis. The court shall must inquire into all claims of failure to disclose and rule appropriately as to duties to

disclose and as to sanctions.

RULE 4.310. DEPOSITIONS UPON ORAL EXAMINATION

(a) When Depositions May Be Taken. Any party may take the testimony of any person, including the respondent, by deposition upon oral examination after the action is commenced. The attendance of witnesses may be compelled by subpoena as- 14

- provided in Fla. R. Civ. P. 1.410. Unless a provision o f this rule conflicts with the Florida Rules of Civil Procedure, the procedure for taking the deposition shall be is the same as that provided in the Florida Rules of Civil Procedure. The deposition of a person in custody, except the respondent, may be take n only by leave of court on such terms as the court prescribes.

(b) [NO CHANGE]

(c) Examination and Cross

- Examination; Record of Examination; Oath; Objections. Examination and cross

examination of witnesses may proceed as permitted at trial. The

officer be fore whom the deposition is to be taken shall must put the

witness on oath and shall must personally, or by someone acting under the officer’s direction, and in the officer’s presence, record the testimony of the witness, except that when a deposition is tak en by telephone, the witness shall must be sworn by a person present with the witness who is qualified to administer the oath in that location. The testimony shall must be taken stenographically or recorded by any means ordered in accordance with subdivision (b). If requested by one of the parties, the testimony shall must be transcribed at the initial cost of the requesting party and prompt notice of the request

shall must be given to all other parties. All objections made at the

time of the examination to the qualifications of the officer taking the deposition, the manner of taking it, the evidence presented, or the conduct of any party, and any other objection to the proceedings

shall must be noted by the officer upon the deposition. Any objection during a dep osition shall must be stated concisely and in a non

argumentative and non

- suggestive manner. A party may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation on evidence directed by the court, or to present a motion under su bdivision (d). Otherwise, evidence objected to shall must be taken subject to the objections.

(d) Motion to Terminate or Limit Examination. At any time during the taking of the deposition, on motion of a party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, or that- 15

- objection and instruction to a deponent not to answer are being made in violation of rule 4.310(c), the court in wh ich the action is pending or the circuit court where the deposition is being taken may order the officer conducting the examination to cease forthwith from taking the deposition or may limit the scope and manner of the taking of the deposition under rule 4 .280(c). If the order terminates the examination, it shall must be resumed thereafter only upon the order of the court in which the action is pending. Upon demand of any party or the deponent, the taking of the deposition shall must be suspended for the time necessary to make

a motion for an order.

(e) Witness Review. A transcript of the testimony shall must
be furnished to the witness for examination and shall must be read to or by the witness unless the witness cannot be found or the examination and reading a re waived by the witness and the parties. Any changes in form or substance that the witness wants to make

shall must be listed in writing by the officer with a statement of the reasons given by the witness for making the changes. The changes

shall must be at tached to the transcript. It shall must then be signed by the witness unless the parties waived the signing or the witness refuses to sign. Transcripts that are not signed by the witness after being made available for a reasonable time shall must be signed b y the officer, who shall must state on the transcript the reason why the witness did not sign it, such as waiver, illness, absence, or refusal to sign. The deposition may then be used as fully as though signed unless a motion to suppress the deposition, or part of it, is made with reasonable promptness after the defect is, or with due diligence might have been, discovered and the court holds that the reasons given for the refusal to sign require rejection of the deposition wholly or partly.

(f) Filing; Exhib its.

(1) If the deposition is transcribed, the officer shall must certify on each copy of the deposition that the witness was duly sworn by the officer and that the deposition is a true record of the testimony given by the witness. Documents and things prod uced for inspection during the deposition shall must be marked for- 16

- identification and annexed to and returned with the deposition upon the request of a party

, and may be inspected and copied by any party except that the person producing the materials may

su bstitute copies to be marked for identification if that person affords to all parties fair opportunity to verify the copies by comparison with the originals. If the person producing the materials requests their return, the officer shall must mark them, give each party an opportunity to inspect and copy them, and return them to the person producing them and the materials may then be used in the same manner as if annexed to and returned with the deposition.

(2) The officer shall must furnish a copy of the depos ition to any party, or to the deponent, upon payment of reasonable charges. The cost of transcripts ordered by the state attorney or an indigent respondent shall must be paid in the manner prescribed by law.

(3) A copy of a deposition may be filed only unde r the following circumstances:

(A) It may be filed by a party or the witness when the contents of the deposition must be considered by the court on any matter pending before the court. Prompt notice of the filing on the deposition shall must be given to all parties unless notice is

waived. A party filing the deposition shall must furnish a copy of the deposition or the part being filed to other parties unless the party already has a copy.

(B) [NO CHANGE]

(g) Obtaining Copies. A party or witness who does not have a copy of the deposition may obtain it from the officer taking the deposition unless the court orders otherwise. If the deposition is obtained from a person other than the officer, the reasonable cost of reproducing the copies shall must be paid to the person by the requesting party or witness.- 17

- RULE 4.330. USE OF DEPOSITION IN COURT PROCEEDINGS

(a) [NO CHANGE]

(b) [NO CHANGE]

(c) Effect of Taking or Using Depositions. A party does not make a person the party’s own witnes s for any purpose by taking the person’s deposition. The introduction in evidence of the deposition or any part of it for any purpose other than that of contradicting or impeaching the deponent makes the deponent the witness of the party introducing the de position, but this shall does not apply to the use by an adverse party of a deposition under subdivision (a) of this rule. At the trial or hearing

, any party may rebut any relevant evidence contained in a deposition whether introduced by that party or by any other party.

(d) [NO CHANGE]

RULE 4.380. FAILURE TO MAKE DISCOVERY; SANCTIONS

(a) Motion for Order Compelling Discovery. A party may apply for an order compelling discovery upon reasonable notice to the other party and all persons affected, as follows:

(1) [NO CHANGE]

(2) Evasive or Incomplete Answer. For purposes of

this subdivision

, an evasive or incomplete answer shall must be

treated as a fai lure to answer.

(b) [NO CHANGE]

RULE 4.390. DEPOSITIONS OF EXPERT WITNESSES

(a)

– (b) [NO CHANGE]- 18

- (c) Fee. An expert or skilled witness whose deposition is

taken shall be is allowed a witness fee in such reasonable amount as the court may determine. The court shall must also determine a reasonable time within which payment must be made

, if the deponent and party cannot agree. All parties and the deponent

shall must be served wi th notice of any hearing to determine the fee.

(d) Applicability. Nothing in this rule shall prevent s the taking of any deposition as otherwise provided by law.

RULE 4.410. SUBPOENA

(a) [NO CHANGE]

(b) Subpoena for Testimony before the Court. Every subpoena for testimony before the court shall must be issued by an attorney of record in an action or by the clerk under the seal of the

court and shall must state the name of the court and the title of the

acti on and shall must command each person to whom it is directed to attend and give testimony at a time and place specified in it. On oral request of an attorney or party and without praecipe, the clerk

shall must issue a subpoena for testimony before the court or a subpoena for the production of documentary evidence before the court signed and sealed but otherwise in blank, both as to the title of the action and the name of the person to whom it is directed, and the subpoena shall must be filled in before service by the attorney or
party.

(c) For Production of Documentary Evidence. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein, but the court, upon motion made promptly an d in any event at or before the time specified in the subpoena for compliance therewith,

may:

(1) [NO CHANGE]- 19

- (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing t he books, papers, documents, or tangible things. A party seeking production of evidence at trial which would be subject to a subpoena may compel such production by serving a notice to produce such evidence on an adverse party as provided in rule 4.070(b). Such notice shall have has the same effect

and be is subject to the same limitations as a subpoena served on the party.

(d) Service. A subpoena may be served by any person authorized by law to serve process or by any other person who is not a party and who i s not less than 18 years of age. Service of a subpoena upon a person named therein shall must be made as provided by law. Proof of such service shall must be made by affidavit of the person making service if not served by an officer authorized by law to do so.

(e) Subpoena for Taking Depositions.

(1) Filing a notice to take a deposition as provided in rule 4.310(b) with a certificate of service on it showin g service on all parties to the action constitutes an authorization for the issuance of subpoenas for the persons named or described in the notice by the clerk of the court in which the action is pending or by an attorney of record in the action. The subpo ena may command the person to whom it is directed to produce designated books, papers, documents, or tangible things that constitute or contain evidence relating to any of the matters within the scope of the examination permitted by rule 4.280(b), but in t hat event

, the subpoena will be subject to the provisions of rule 4.280(c) and subdivision (c) of this rule. Within 10 days after its service, or on or before the time specified in the subpoena for compliance if the time is less than 10 days after service, the person to whom the subpoena is directed may serve written objection to inspection or copying of any of the designated materials. If objection is made, the party serving the subpoena shall is not be entitled to inspect and copy the materials
except purs uant to an order of the court from which the subpoena was issued. If objection has been made, the party serving the- 20

- subpoena may move for an order at any time before or during the taking of the deposition upon notice to the deponent.

(2) [NO CHANGE]

(f) [N O CHANGE]

(g) Subpoena of Minor. Any minor subpoenaed for testimony shall have has the right to be accompanied by a parent or guardian at all times during the taking of testimony notwithstanding the invocation of the rule of sequestration of section 90.616, Florida Statutes, except upon a showing that the presence of a parent or guardian is likely to have a material, negative impact on the credibility or accuracy of the minor’s testimony, or that the interests of the parent or guardian are in actual or poten tial conflict with the interests of the minor.

RULE 4.430. DEMAND FOR JURY TRIAL; WAIVER

(a) Right Preserved. The right of trial by jury as declared by the constitution or by statute shall must be preserved to the parties

inviolate

.

(b) Waiver of Jury Trial; Demand. The trial shall must be before the court without a jury unless the petitioner files a demand for jury trial with the petition or the respondent files such a

demand with the answer.

(c) [NO CHANGE]

RULE 4.431. TRIAL BY JURY

(a) Number of Jurors.

(1) The jury shall must be composed of six persons.- 21

- (2) The court may direct that 1 or more jurors be impaneled to sit as alternate jurors in addition to the regular panel. Alternate jurors shall must replace jurors who have become unable or disqualified to perform their duties, in the order in which they

are ca lled

, before the jury retires to consider its verdict. Alternate jurors shall must be drawn in the same manner, have the same qualifications, be subject to the same examination, take the same oath, and have the same functions, powers, facilities, and privil eges as principal jurors. An alternate juror who does not replace a principal juror shall must be discharged when the jury retires to

consider the verdict.

(3) If alternate jurors are called, each party shall be is entitled to one peremptory challenge in the selection of each alternate juror. Additional peremptory challenges allowed pursuant to this subdivision may be used only against the alternate jurors. The peremptory challenges allowed pursuant to subdivision ( d) of

this rule shall not be used against the alternate jurors.

(b) Questionnaire. The circuit court may require prospective jurors to complete a questionnaire in the form approved by the Supreme Court of Florida to assist in selecting prospective jurors. The questionnaire shall be used after the names of jurors have been selected as provided by law but before certification and the placing of the names of prospective jurors in the jury box.

( c b ) Examination by Parties. The parties have the right to examine jurors orally on their voir dire. The order in which the parties may examine each juror shall be is determined by the court. The court may ask such questions of the jurors as it deems necessary, but the right of the parties to conduct a reasonable examination of each juror orally shall must be preserved.

( d c ) Juror List. Upon request, any party shall must be furnished by the clerk of the court with a list containing names and addresses of prospective jurors summoned to try the case together with copies of all any jury questionnaires returned by the prospective jurors.- 22

- ( e d ) Challenge to the Panel. The state or defendant Both parties may challenge the panel. A challenge to the panel may be made only on the ground that the prospective jurors were not selected or drawn according to law. Challenges to the panel

shall must be made and decided before any individual j uror is examined, unless otherwise ordered by the court. A challenge to the panel shall must be in writing and shall must specify the facts constituting the ground of the challenge. Challenges to the panel

shall must be tried by the court. Upon the trial of a challenge to the panel

, the witnesses may be examined on oath by the court and may be so examined by either party. If the challenge to the panel is sustained, the court shall must discharge the panel. If the challenge is not sustained, the individual jurors shall must be called.

( f

e ) Oath for Voir Dire. T he prospective jurors shall must be sworn collectively or individually , as the court may decide. The form

of oath shall must be as follows:

“Do your solemnly swear (or affirm) that you will answer truthfully all questions asked of you as prospective jurors, so help you God?”

If any prospective juror affirms, the clause “so he lp you God”

shall must be omitted.

( g f ) Examination. T he court may then examine each prospective juror individually or may examine the prospective jurors collectively. Counsel for both the state and the defendant respondent

shall have the right to examine jurors orally on their voir dire. The

order in which th e parties may examine each juror shall must be determined by the court. The right of the parties to conduct an examination of each juror orally shall be preserved.

( h g ) Prospective Jurors Excused. If, after the examination of any prospective juror, the court is of the opinion that the juror is not qualified to serve as a trial juror, the court shall must excuse the juror from the trial of the cause . If, however, the court does not excuse the juror, either party may then challenge the juror, as provided by law or by these rules.- 23

- ( i h ) Time for Challenge. The state or defendant Both parties may challenge an individual prospective juror before the juror is sworn to try the cause; except that the court may , for good cause, permit a challenge to be made after the juror is sworn, but before any evidence is presented.

( j i ) Exercise of Challenge. On the motion of any party, all challenges shall must be addressed to the court outside the hearing of the jury panel in a manner selected by the court so that the jury panel is not aware of the nature of the challenge, the party making the challenge, or the basis of the court’s ruling on the challenge, if

for cause.

( k j ) Manner of Challenge. A challenge to an individual juror may be oral. When a juror is challenged for cause

, the ground of the challenge shall must be stated.

( l

k ) Determination of Challenge for Cause. The court

shall must determine the validity of a challenge of an individual juror for cause. In making such determination

, the juror challenged and any other material witnesses, produced by the parties, may be examined on oath by either party. The court may consider also any other evidence material to such challenge

.

( m l ) Number of Challenges. Each party shall must be allowed three peremptory challenges.

( n m ) Alternate Jurors. If 1 or 2 alternate jurors are called, each party is entitled to 1 peremptory challenge, in addition to those otherwise allowed by law, for each alternate juror so called. The additional peremptory challenge may be used only against the alternate juror an d the other peremptory challenges allowed by law

shall must not be used against the alternate juror.

( o n ) Additional Challenges. The trial judge may exercise discretion to allow additional peremptory challenges when appropriate.

( p o ) Oath of Trial Jurors. The following oath shall must be administered to the jurors:- 24

- “Do you solemnly swear (or affirm) that you will well and truly try the issues between the State of Florida and the respondent and render a true verdict according to the law and the

evid ence, so help you God?”

If any juror affirms, the clause “so help you God” shall must be

omitted.

( q p ) Interview of a Juror. A party who believes that grounds for legal challenge to a verdict exist may move for an order permitting an interview of a juror o r jurors to determine whether the verdict is subject to the challenge. The motion shall must be served within 10 days after rendition of the verdict unless good

cause is shown for the failure to make the motion within that time.

The motion shall must state t he name and address of each juror to be interviewed and the grounds for challenge that the party believes may exist. After notice and hearing, the trial judge shall must enter an order denying the motion or permitting the interview. If the interview is perm itted, the court may prescribe the place, manner, conditions, and scope of the interview.

RULE 4.440. RULES OF PROCEDURE AND EVIDENCE

(a) Applicable Law. In all commitment proceedings initiated under part V, chapter 394, Florida Statutes and this rule, the following applies:

(1) The Florida Rules of Civil Procedure , Florida Rules of Evidence, and Florida Rules of General Practice and Judicial Administration apply unless otherwise superseded by these rules.

(2) The Florida Rules of Evidence apply unless superseded by these rules. Habeas corpus proceedings brought under rule 4.460 are governed by Fla. R. Crim. P. 3.850.

(3)

- (5) [NO CHANGE]- 25

- (b) Department of Children and Family Services Rules. No rule adopted by the Department of Children and Family Services pursuant to section 394.930, Florida Statutes, as amended, shall

constitute s (1) an evidentiary predicate for the admission of any testimony of physical evidence; (2) a basis for excluding or limiting the presentation of any testimony or physical evidence; or (3) elements of the cause of action the state must allege or prove, in any proceeding initiated under part V, chapter 394 Florida Statutes,

and these rules.

(c) Non

- compliance with Rules. The failure of either party to comply with these rules does not constitute a defense in any proceedings initiated under part V, chapter 394, Florida Statutes.

RULE 4.450. APPEAL

(a) Rule. An appeal to review a final judgment shall must be
pursuant to Fla. R ule . App. P. 9.110 , Florida Rules of Appellate Procedure, as amended

.

(b) Appeal for an Indigent. An indigent respondent who requests the appointment of counsel for appeal must file an affidavit to establish entitlement to the appointment. The public defender of the circuit in which the respo ndent was determined to be a sexually violent predator shall must be appointed to represent an indigent respondent on appeal. The public defender may request the public defender who handles criminal appeals to represent a respondent as provided in section 2 7.51(4), Florida Statutes.

RULE 4.460. POST JUDGMENT HABEAS CORPUS

The respondent may file a petition for habeas corpus alleging ineffective assistance of counsel in the county in which the judgment was rendered within two years after the judgment

becomes final. All other habeas corpus petitions, including petitions filed pursuant to section 394.9215(1)(a), Florida Statutes, must be- 26

- filed in the county where the facility in which the petitioner is

confined is located. Habeas corpus proceedings brought unde r this rule shall be governed by Fla. R. Crim. P. 3.850.

RULE 4.470. POST COMMITMENT PROCEEDINGS

(a) Examination. A respondent committed after a trial shall

be is entitled to examination of his or her mental condition at least one time each year. Examinati ons may be ordered more frequently

at the discretion of the court.

(b) Expert. The respondent may retain, or if indigent, the court may appoint, a qualified professional to conduct the

examination. The examiner shall must be given access to all records

conc erning the respondent.

(c) Court Review. The report stating the result of any examination conducted pursuant to paragraph (a) or (b) shall must be provided to the court for review.

(d) Probable cause review. A respondent who receives written notice of the examination, and waives his or her rights to confidentiality of the result, and who petitions the court over the objection of the director of the facility where the respondent is housed, has the right to a he aring limited to determining whether probable cause exists to believe the respondent’s condition has so changed, that it is safe for the respondent to be at large, and that the respondent will not engage in acts of sexual violence if discharged. Both the s tate attorney and the respondent parties may present evidence. The respondent has the right to be represented by counsel and the right to be present at the hearing.

(e) Non

- jury trial. If it is determined that there is sufficient probable cause to believe i t is safe to release the person, the court

shall must set the petition for a non

- jury trial.- 27

- (f) State Experts. The state attorney shall have has the right to have the person examined by professionals chosen by the state prior to the trial.

(g) Burden of per suasion. The burden is on the state to prove, by clear and convincing evidence, that it is not safe for the person to be at large and that, if released, the person is likely to engage in acts of sexual violence.

(h) Appeal. At the conclusion of any trial conducted under this rule, the judge shall must enter an appropriate final judgment

which shall be is appealable pursuant to the applicable Rules of Appellate Procedure.