The Florida Senate

394.9155  Rules of procedure and evidence.--In all civil commitment proceedings for sexually violent predators under this part, the following shall apply:

(1)  The Florida Rules of Civil Procedure apply unless otherwise specified in this part.

(2)  The Florida Rules of Evidence apply unless otherwise specified in this part.

(3)  The psychotherapist-patient privilege under s. 90.503 does not exist or apply for communications relevant to an issue in proceedings to involuntarily commit a person under this part.

(4)  The court may consider evidence of prior behavior by a person who is subject to proceedings under this part if such evidence is relevant to proving that the person is a sexually violent predator.

(5)  Hearsay evidence, including reports of a member of the multidisciplinary team or reports produced on behalf of the multidisciplinary team, is admissible in proceedings under this part unless the court finds that such evidence is not reliable. In a trial, however, hearsay evidence may not be used as the sole basis for committing a person under this part.

(6)  Rules adopted under s. 394.930 shall not constitute:

(a)  An evidentiary predicate for the admission of any physical evidence or testimony;

(b)  A basis for excluding or otherwise limiting the presentation of any physical evidence or testimony in judicial proceedings under this part; or

(c)  Elements of the cause of action that the state needs to allege or prove in judicial proceedings under this part.

(7)  If the person who is subject to proceedings under this part refuses to be interviewed by or fully cooperate with members of the multidisciplinary team or any state mental health expert, the court may, in its discretion:

(a)  Order the person to allow members of the multidisciplinary team and any state mental health experts to review all mental health reports, tests, and evaluations by the person's mental health expert or experts; or

(b)  Prohibit the person's mental health experts from testifying concerning mental health tests, evaluations, or examinations of the person.

The failure of any party to comply with such rules shall not constitute a defense in any judicial proceedings under this part.

History.--s. 10, ch. 99-222.