IN RE AMENDMENTS TO FLORIDA RULE OF CIVIL PROCEDURE FOR INVOLUNTARY COMMITMENT OF SEXUALLY VIOLENT PREDATORS 4.470
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The Court amends Florida Rule of Civil Procedure for Involuntary Commitment of Sexually Violent Predators 4.470 as proposed by the Criminal Court Steering Committee.
[1] Respondents in post-commitment proceedings have the right to be present at a probable cause hearing.
[2] In post-commitment proceedings, both the State and the respondent may present evidence at a probable cause hearing.
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Join FLexlaw to unlock all legal intelligenceThe Supreme Court’s Criminal Court Steering Committee petitioned to amend Rule 4.470 in response to recent amendments to section 394.918, Florida Stat…
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The Supreme Court’s Criminal Court Steering Committee (Committee) has filed a petition to amend Florida Rule of Civil Procedure for Involuntary Commitment of Sexually Violent Predators 4.470 (Post Commitment Proceedings). We have jurisdiction. See art. V, § 2(a), Fla. Const.
The Committee unanimously proposes amendments to rule 4.470 in response to recent amendments to section 394.918, Florida Statutes (2013), made by Chapter 2014-2, § 6, Laws of Florida, and which become effective July 1, 2014. See ch.2014-2, § 11, Laws of Fla.
Upon consideration, we amend rule 4.470 as proposed by the Committee. Subdivision (d) of the rule is amended in three respects. First, the amendment reflects that respondents have the right to be present at a post-commitment probable cause hearing. Second, both the State and the respondent may present evidence at the hearing. And third, the word “retained” is removed from the rule because section 394.918(3) provides that the respondent has the right to be represented by counsel, which is retained or appointed. Subdivision (f) is amended to reflect that the State has the right to have the respondent examined by “professionals,” and not by “a professional.”
Accordingly, Florida Rule of Civil Procedure for Involuntary Commitment of Sexually Violent Predators 4.470 is hereby amended as set forth in the appendix to this opinion. New language is underscored; deleted language is struck through. The amendments to this rule shall become effective July 1, 2014, at 12:01 a.m. Because the amendments were not published for comment prior to their adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.1
It is so ordered.
POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur.
*998APPENDIX
RULE 4.470. POST COMMITMENT PROCEEDINGS
(a)-(c) [No change]
(d)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 respondent may present evidence. The respondent has the right to be represented by retained counsel but does not have and the right to be present at the hearing.
(e) [No change]
(f) The state attorney shall have the right to have the person examined by a professionals chosen by the state prior to the trial.
(g) [No change]
(h) [No change]