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Florida Rules of Evidence, and Florida Rules of General Practice and Judicial Administration apply unless otherwise superseded by these rules.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) Habeas corpus proceedings brought under rule 4.460 are governed by Fla. R. Crim. P. 3.850.

(3) The psychotherapist-patient privilege under section 90.503, Florida Statutes, does not apply to any communication relevant to an issue pertaining to an involuntary civil commitment proceeding.

(4) Evidence of prior behavior by the person subject to the proceedings, if relevant to prove the person is a sexually violent predator, may be considered by the judge or jury.

(5) Hearsay evidence, including reports of the multidisciplinary team or reports prepared on behalf of the multidisciplinary team, is admissible unless the trial judge finds that the evidence is not reliable. However, hearsay evidence may not serve as the sole basis for the involuntary civil commitment of a person subject to the proceedings.

(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, 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.