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 published 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). 
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The Court hereby adopts the amendments as proposed 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 court rules 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, 2024, at 12:01 a.m.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, 

FRANCIS, and SASSO, JJ., concur.

THE 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, Staff Liaison, 

Office of the State Courts Administrator, Tallahassee, Florida,
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for Petitioner
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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 beare 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 beis the petitioner in actions brought 

under these rules. Any person who is alleged to be a sexually 

violent predator shall beis designated as the respondent.

RULE 4.060. VENUE AND TRANSFERS OF ACTIONS

Venue for bringing a petition under Part V, chapter 394, 

Florida Statutes, shallmust 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 state 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.
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RULE 4.070. PROCESS

(a) Issuance. The clerk of the court shallmust 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 shallmust direct the respondent to file an answer to 

the petition within ten days after the date of service. The state 

attorney shallmust 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 

shallis 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 shallmust

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 shallmust 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 

transferred to a secure facility. The person in charge of the facility 

in which the respondent is confined shallmust make a return on 

the summons within 24 hours after making service, by 

electronically confirming to the state attorney that service has been 

made. The state attorney shallmust 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 PLEADINGS, 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, shallmust be served on the opposing party.
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(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 shallmust be 

made upon the attorney unless service upon the party is ordered by 

the court. Service on the attorney or party shallmust 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 

shallmust be filed and deposited with the clerk immediately 

thereafter. The clerk shallmust maintain deposited original paper 

documents in accordance with Fla. R. Gen. Prac. & Jud. Admin. 

2.430, unless otherwise ordered by the court.

RULE 4.090. TIME

(a) Computation. Computation of time shall beis governed 

by Florida Rule of General Practice and Judicial Administration 

2.514.

(b) [NO CHANGE]

RULE 4.100. PLEADINGS AND MOTIONS

(a) Pleadings. There shallmust be a petition and an answer 

to it. The answer shallmust set forth any affirmative defense to the 

petition, including the failure of the petition to state a cause of 

action. No other pleadings shall beare allowed. All pleadings 

shallmust comply with the rules governing pleadings in other civil 

actions. (Rules 1.100 and 1.110, Fla. R. Civ. P.)
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(b) Motions. An application to the court for an order 

shallmust be by motion which shallmust be made in writing unless 

made during a hearing or trial, shallmust state with particularity 

the grounds therefor, and shallmust 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 shallmust specify each motion or other matter to be heard.

(c) Caption. Every pleading, motion, order, judgment, or 

other document shallmust 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 tomust clearly 

indicate clearly 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 summary judgment. Summary 

judgment practice shall beis governed by Fla. R. Civ. P. 1.510.

(b) Motions to Dismiss. Motions directed to the sufficiency 

of the petition shallmust 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 shallmust be 

considered a motion for a statement of particulars in response to 

the original petition. The motion shallmust disclose the defects in 

the petition.
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RULE 4.200. APPOINTMENT OF COUNSEL

(a) Appointment of Attorney. The presiding judge 

shallmust appoint an attorney to represent the respondent at the 

time an order finding probable cause is entered. The appointment 

shall continues 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 shallmust conduct an

thorough inquiry as set forth in Faretta v. California, 422 U.S. 4806 

(1975), in the event the respondent unequivocally requests selfrepresentation, and shallmay 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 

shallmust 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 respondent 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 

shallmust be held, within 5 days after service of 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 shallmust receive evidence, 

hear argument of the attorneys, and determine whether probable 
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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 shallmust 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 STATUS HEARING; 

DETERMINATION OF COUNSEL FOR THE 

RESPONDENT; WAIVER OF TIME LIMITATIONS

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

The court shallmust conduct a status hearing within 5 days after 

the summons is served. At the hearing, the court shallmust

determine if the respondent is entitled to court appointed counsel,

and must appoint counsel if the respondent qualifies for and 

requests itcounsel. The respondent shallmust be given a reasonable 

time to obtain private counsel if time is requested for that purpose. 

A Faretta inquiry shallmust be conducted if the respondent 

unequivocally elects self- representation. The trial to determine if 

the respondent is a sexually violent predator shallmust 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 shallmust

set a trial date not less than 90 days after the date of the waiver of 

the 30- day period. Further continuances shallwill be allowed only 

on good cause shown. A future trial date shallmust be set if a 

further continuance is allowed.

(b) Non-Jury or Jury Trial. The trial shallwill be to the 

court without a jurya non-jury trial unless the state attorney or the 
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respondenteither 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 shallmust enter final judgment for 

the petitioner if thea jury unanimously finds the respondent to be a 

sexually violent predator.

(e) Hung Jury; Time for Re-trial. The court shallmust

declare a mistrial if the jury cannot reach a unanimous verdict. The 

court shallmust poll the jury before it is discharged to determine if 

at least four jurors would have found the respondent to be a 

sexually violent predator.

(1) A re-trial shallmust 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 commence 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 shallmust

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 shallmust enter 

a final judgment in favor of the respondent.

RULE 4.260. CONTINUANCE OF TRIAL

A motion for continuance by either party shallmust be in 

writing unless made in a hearing in open court and shallmust be 

signed by the party or attorney requesting the continuance. The 

motion shallmust 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 
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showstate when the witness will be available. The 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 personneither party will 

not be substantially prejudiced. No additional 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 shallmust state that the 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 discoverable 

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 

shallmust 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.
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(A) (i) The state attorney bringing the action 

shallmust disclose the names and addresses of all witnesses to be 

called by the petitioner to testify at trial at the time of the filing of 

the petition. The respondent shallmust 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 shallmust include the 

names and addresses of expert witnesses. A copy of all reports 

made by experts shallmust 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 

circumstances 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 shallmust provide the 

respondent with copies of case reports, depositions, witness 

statements and other records regarding the respondent’s prior 

criminal history and confinement, 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 shallmust 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 discovery obtained under (b)(3)(A) and shallmust

be responsible for discovery obtained under (b)(3)(B). The state 

attorney and indigent respondents shallmust apply for 

compensation for experts in the manner prescribed by law.
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(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 shallmust make the claim expressly and shallmust 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 shallmust

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 and 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, shallmust not delay any other 

party’s discovery.

(e) Supplementing 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 applyapplies to the reciprocal discovery obligation of the 

petitioner and the respondent to reveal witnesses’ names and 

addresses on a continuing basis. The court shallmust 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 
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provided in Fla. R. Civ. P. 1.410. Unless a provision of this rule 

conflicts with the Florida Rules of Civil Procedure, the procedure for 

taking the deposition shall beis the same as that provided in the 

Florida Rules of Civil Procedure. The deposition of a person in 

custody, except the respondent, may be taken 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 crossexamination of witnesses may proceed as permitted at trial. The 

officer before whom the deposition is to be taken shallmust put the 

witness on oath and shallmust 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 taken by 

telephone, the witness shallmust be sworn by a person present with 

the witness who is qualified to administer the oath in that location. 

The testimony shallmust be taken stenographically or recorded by 

any means ordered in accordance with subdivision (b). If requested 

by one of the parties, the testimony shallmust be transcribed at the 

initial cost of the requesting party and prompt notice of the request 

shallmust 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 

shallmust be noted by the officer upon the deposition. Any objection 

during a deposition shallmust be stated concisely and in a nonargumentative 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 subdivision (d). Otherwise, evidence 

objected to shallmust 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 
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objection and instruction to a deponent not to answer are being 

made in violation of rule 4.310(c), the court in which 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 shallmust 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 shallmust be suspended for the time necessary to make 

a motion for an order.

(e) Witness Review. A transcript of the testimony shallmust

be furnished to the witness for examination and shallmust be read 

to or by the witness unless the witness cannot be found or the 

examination and reading are waived by the witness and the parties. 

Any changes in form or substance that the witness wants to make 

shallmust be listed in writing by the officer with a statement of the 

reasons given by the witness for making the changes. The changes 

shallmust be attached to the transcript. It shallmust 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 shallmust be signed by 

the officer, who shallmust 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; Exhibits.

(1) If the deposition is transcribed, the officer shallmust

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 produced for 

inspection during the deposition shallmust be marked for 
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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 

substitute 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 shallmust 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 shallmust furnish a copy of the 

deposition 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 shallmust be paid in the 

manner prescribed by law.

(3) A copy of a deposition may be filed only under 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 shallmust be given to all parties unless notice is 

waived. A party filing the deposition shallmust 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 shallmust be paid to the person by the 

requesting party or witness.
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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 witness 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 deposition, but this shalldoes

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 shallmust be 

treated as a failure to answer.

(b) [NO CHANGE]

RULE 4.390. DEPOSITIONS OF EXPERT WITNESSES

(a) – (b) [NO CHANGE]
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(c) Fee. An expert or skilled witness whose deposition is 

taken shall beis allowed a witness fee in such reasonable amount as 

the court may determine. The court shallmust also determine a 

reasonable time within which payment must be made, if the 

deponent and party cannot agree. All parties and the deponent 

shallmust be served with notice of any hearing to determine the fee. 

(d) Applicability. Nothing in this rule shall prevents 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 shallmust be issued by an 

attorney of record in an action or by the clerk under the seal of the 

court and shallmust state the name of the court and the title of the 

action and shallmust 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 

shallmust 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 shallmust 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 and in any event at or 

before the time specified in the subpoena for compliance therewith, 

may:

(1) [NO CHANGE]
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(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 the 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 havehas the same effect 

and beis 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 is not less than 18 years of age. Service of a 

subpoena upon a person named therein shallmust be made as 

provided by law. Proof of such service shallmust 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 showing 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 subpoena 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 that 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 shallis not be entitled to inspect and copy the materials 

except pursuant 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) [NO CHANGE]

(g) Subpoena of Minor. Any minor subpoenaed for 

testimony shall havehas 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 potential 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 shallmust be preserved to the parties 

inviolate.

(b) Waiver of Jury Trial; Demand. The trial shallmust 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 shallmust be composed of six persons.
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(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 shallmust replace jurors who have become unable 

or disqualified to perform their duties, in the order in which they 

are called, before the jury retires to consider its verdict. Alternate 

jurors shallmust 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 privileges 

as principal jurors. An alternate juror who does not replace a 

principal juror shallmust be discharged when the jury retires to 

consider the verdict.

(3) If alternate jurors are called, each party shall beis

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.

(cb) 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 beis 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 shallmust be preserved. 

(dc) Juror List. Upon request, any party shallmust 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 allany jury questionnaires returned by the 

prospective jurors.
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(ed) Challenge to the Panel. The state or defendantBoth 

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 

shallmust be made and decided before any individual juror is 

examined, unless otherwise ordered by the court. A challenge to the 

panel shallmust be in writing and shallmust specify the facts 

constituting the ground of the challenge. Challenges to the panel 

shallmust 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 shallmust discharge the panel. If the challenge 

is not sustained, the individual jurors shallmust be called.

(fe) Oath for Voir Dire. The prospective jurors shallmust be 

sworn collectively or individually, as the court may decide. The form 

of oath shallmust 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 help you God” 

shallmust be omitted.

(gf) Examination. The court may then examine each 

prospective juror individually or may examine the prospective jurors 

collectively. Counsel for both the state and the defendantrespondent 

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

order in which the parties may examine each juror shallmust be 

determined by the court. The right of the parties to conduct an 

examination of each juror orally shall be preserved.

(hg) 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 shallmust 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.
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(ih) Time for Challenge. The state or defendantBoth 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.

(ji) Exercise of Challenge. On the motion of any party, all 

challenges shallmust 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.

(kj) Manner of Challenge. A challenge to an individual juror 

may be oral. When a juror is challenged for cause, the ground of the 

challenge shallmust be stated.

(lk) Determination of Challenge for Cause. The court 

shallmust 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.

(ml) Number of Challenges. Each party shallmust be 

allowed three peremptory challenges.

(nm) 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 and the other peremptory challenges allowed by law 

shallmust not be used against the alternate juror.

(on) Additional Challenges. The trial judge may exercise 

discretion to allow additional peremptory challenges when 

appropriate.

(po) Oath of Trial Jurors. The following oath shallmust be 

administered to the jurors: 
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“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 

evidence, so help you God?” 

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

omitted.

(qp) 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 or jurors to determine whether 

the verdict is subject to the challenge. The motion shallmust 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 shallmust state the 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 shallmust enter 

an order denying the motion or permitting the interview. If the 

interview is permitted, 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]
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(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 

constitutes (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 shallmust be 

pursuant to Fla. Rule. 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 respondent was determined to 

be a sexually violent predator shallmust 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 27.51(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 under 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 

beis entitled to examination of his or her mental condition at least 

one time each year. Examinations 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 shallmust be given access to all records 

concerning the respondent.

(c) Court Review. The report stating the result of any 

examination conducted pursuant to paragraph (a) or (b) shallmust

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 hearing 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 state attorney and the respondentparties 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 it is safe to release the person, the court 

shallmust set the petition for a non-jury trial.
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(f) State Experts. The state attorney shall havehas the right 

to have the person examined by professionals chosen by the state 

prior to the trial.

(g) Burden of persuasion. 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 shallmust enter an appropriate final judgment 

which shall beis appealable pursuant to the applicable Rules of 

Appellate Procedure.