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160 verbatim mandatory provisions from 2016 Admin Order 16-01-b.
Eighteenth Judicial Circuit. Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
Verbatim from the order's own text layer, harvested 2026-07-24; whitespace normalised only. No OCR was used. Only sentences containing mandatory language (shall, must, may not, no later than, within N) are reproduced — the full document is in custody and is the controlling text. • 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 known as the Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators and abbreviated as Fla. • PARTIES The State of Florida shall be the petitioner in actions brought under these rules. • Any person who is alleged to be a sexually violent predator shall be designated as the respondent. • COMMENCEMENT OF ACTION/RESPONSIBILITY OF CLERK TO NOTIFY PRESIDING COURT/PROBABLE CAUSE FINDING Every action brought pursuant to these rules shall be deemed commenced when the state attorney files a petition on behalf of the State of Florida with the clerk of the court setting forth a cause of action alleging that the respondent is in total confinement, is a sexually violent predator, and stating sufficient facts to support the allegations. • The petition must be verified or accompanied by an affidavit containing sworn proof of the matters contained in the petition. • The clerk of the court shall immediately deliver the petition to the assigned judge, or in the absence of the assigned judge, to any circuit judge, who shall review the petition and determine if the petition states probable cause. • An order finding probable cause shall be entered if the petition is sufficient on its face. • The order shall direct the respondent to be transferred to a secure facility pending resolution of the petition if the sentence being served expires before the action is completed and 2 -- 2 of 26 -- shall appoint counsel for the respondent pursuant to Rule 4.200(a). • An order denying the petition shall be entered if the petition is insufficient on its face. • The order shall allow the state attorney an opportunity to amend the petition within ten days. • VENUE AND TRANSFERS OF ACTIONS Venue for bringing a petition under Part V, chapter 394, Florida Statutes, shall be in the county (1) where the respondent was last charged and convicted of a qualifying offense; • The clerk of the court shall 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 direct the respondent to file an answer to the petition within ten days after the date of service. • The State Attorney shall 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 not become effective until the summons is returned served and filed with the clerk of the court. • The state attorney shall 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 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 shall make a return on the summons within 24 hours after making service, by electronically confirming to the state attorney that 3 -- 3 of 26 -- service has been made. • The state attorney shall file a printed copy of the return with the clerk, along with the summons, within 24 hours after receiving it. • Unless the court otherwise orders, every pleading subsequent to the initial pleading and every other paper filed in the action, except applications for a witness subpoena, shall be served on the opposing party. • When service is required or permitted to be made upon a party represented by an attorney, service shall be made upon the attorney unless service upon the party is ordered by the court. • Service on the attorney or party shall be made by delivering a copy or mailing it to the attorney or the party, or as provided in 4.070(b). • Service by electronic mail shall be permitted if all parties or their counsel file with the clerk of the court a written agreement that such service is acceptable. • The agreement shall set forth the method of service and provide e-mail addresses or facsimile numbers. • The original pleadings shall be filed with the clerk with the counsel’s attestation of the time of electronic service. • In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run, shall not be included. • The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday. • When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. • When an act is required or allowed to be done at or within a specified time by order of court, by these rules, or by notice given there under, for cause shown, the court at any time in its discretion (1) with or without notice, may order the period enlarged if request therefore is made before the expiration of the period originally prescribed or as extended by a previous order, or 4 -- 4 of 26 -- (2) upon motion made and notice after the expiration of the specified period, may permit the act to be done when failure to act was the result of excusable neglect, but it may not extend the time for making a motion for new trial, for rehearing, or to alter or amend a judgment. • The answer shall set forth any affirmative defense to the petition, including the failure of the petition to state a cause of action. • All pleadings shall comply with the rules governing pleadings in other civil actions. • An application to the court for an order shall be by motion which shall be made in writing unless made during a hearing or trial, shall state with particularity the grounds therefore, and shall set forth the relief or order sought. • All notices of hearing shall specify each motion or other matter to be heard. • Every pleading, motion, order, judgment, or other paper shall 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 papers filed in the action shall be styled in such a manner as to indicate clearly the subject matter of the paper and the party requesting or obtaining relief. • Motions directed to the sufficiency of the petition shall be contained in the answer as an affirmative defense. • A respondent may file a motion for a more definite statement which shall be considered a motion for a statement of 5 -- 5 of 26 -- particulars in response to the original petition. • The presiding judge shall appoint an attorney to represent the respondent at the time an order finding probable cause is entered. • The appointment shall continue 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. • California, 422 U.S. 406 (1975), in the event the respondent requests self representation, and shall consider appointment of stand-by counsel if the respondent proceeds unrepresented. • ADVERSARIAL PROBABLE CAUSE HEARING (a) An adversarial probable cause hearing shall 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. • (b) An adversarial probable cause hearing shall 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) The court shall receive evidence, hear argument of the attorneys, and determine whether probable cause exists to believe that the person is a sexually violent predator at the adversarial probable cause hearing. • (e) The court shall release the respondent from custody if the evidence does not establish probable cause to believe the respondent is a sexually violent predator. • TRIAL PROCEEDINGS AFTER FINDING OF PROBABLE CAUSE (a) A trial shall be commenced to determine if the respondent is a sexually violent predator 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 or on the record in open court. • (b) The trial shall be to the court without a jury unless the state attorney or the respondent files a demand for jury trial in accordance with Rule 4.430. • (d) The court shall enter final judgment for the petitioner if the jury unanimously finds the respondent to be a sexually violent predator. • (e) The court shall declare a mistrial if the jury cannot reach a unanimous verdict. • The court shall 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 shall 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 shall 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 a majority of jurors do not find that the respondent is a sexually violent predator, the court shall enter a final judgment in favor of the respondent. 7 -- 7 of 26 -- RULE 4.260. • CONTINUANCE OF TRIAL A motion for continuance by either party shall be in writing unless made at a trial and shall be signed by the party or attorney requesting the continuance. • The motion shall 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 show when the witness will be available. • A motion for continuance on behalf of the respondent shall state that the respondent has been advised of all consequences of the request and of any rights waived by the motion. • In ordering discovery of the materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation. 8 -- 8 of 26 -- (3) Trial Preparation. • (A)(i) The state attorney bringing the action shall 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 shall 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. • (ii) The witness list shall include the names and addresses of expert witnesses. • A copy of all reports made by experts shall 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. • (iii) The state attorney shall 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. • (C) Expert witnesses shall 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 shall be responsible for discovery obtained under (b)(3)(B). • The state attorney and indigent respondents shall apply for compensation for experts in the manner prescribed by law. 9 -- 9 of 26 -- (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 make the claim expressly and shall 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 be allowed. • 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, shall not delay any other party’s discovery. • This provision shall apply to the reciprocal discovery obligation of the petitioner and the respondent to reveal witnesses names and addresses on a continuing basis. • The court shall inquire into all claims of failure to disclose and rule appropriately as to duties to disclose and as to sanctions. • (1) A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every party to the action. • The notice shall state the time and place for taking the deposition and the name and address of each person to be examined. • If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced under the subpoena shall be attached to or included in the notice. • A party intending to videotape a deposition shall state in the notice that the deposition is to be videotaped and shall give the name and address of the operator. • Videotaped depositions shall also be recorded stenographically, unless all parties agree otherwise. • At the beginning of the deposition, the officer before whom it is taken shall, on camera: • The attorney for the party requesting the videotaping of the deposition shall take custody of and be responsible for the safeguarding of the videotape, shall permit the viewing of it by the opposing party, and, if requested, shall provide a copy of the videotape at the expense of the party requesting the copy. • The party requesting the videotaping shall bear the initial cost of videotaping. • The officer before whom the deposition is to be taken shall put the witness on oath and shall 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 shall be sworn by a person present with the witness who is qualified to administer the oath in that location. • The testimony shall be taken stenographically or recorded by any means ordered in accordance with subdivision (b). • If requested by one of the parties, the testimony shall be transcribed at the initial cost of the requesting party and prompt notice of the request shall 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 be noted by the officer upon the deposition. • Any objection during a deposition shall be stated concisely and in a non-argumentative and non-suggestive manner. • Otherwise, evidence objected to shall be taken subject to the objections. 12 -- 12 of 26 -- (d) Motion to Terminate or Limit Examination. • If the order terminates the examination, it shall 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 be suspended for the time necessary to make a motion for an order. • A transcript of the testimony shall be furnished to the witness for examination and shall 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 shall be listed in writing by the officer with a statement of the reasons given by the witness for making the changes. • It shall 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 be signed by the officer, who shall state on the transcript the reason why the witness did not sign it, such as waiver, illness, absence, or refusal to sign. • (1) If the deposition is transcribed, the officer shall 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 shall be marked for 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 13 -- 13 of 26 -- with the originals. • If the person producing the materials requests their return, the officer shall mark them, give each party and 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 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 shall be paid in the manner prescribed by law. • (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 be given to all parties unless notice is waived. • A party filing the deposition shall furnish a copy of the deposition or the part being filed to other parties unless the party already has a copy. • If the deposition is obtained from a person other than the officer, the reasonable cost of reproducing the copies shall be paid to the person by the requesting party or witness. • 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 15 -- 15 of 26 -- the witness of the party introducing the deposition, but this shall not apply to the use by an adverse party of a deposition under subdivision (a) of this rule. • (1) The request may be served on the respondent without leave of court after commencement of the action and shall specify a reasonable time, place, manner, conditions, and scope of the examination and the person or persons by whom the examination is to be made. • The motion must include a certification that the movant, in good faith, has conferred or attempted to confer with the person or party failing to make the discovery in an effort to secure the information or material without court action. • For purposes of this subdivision an evasive or incomplete answer shall be treated as a failure to answer. • (1) An order that the matters regarding which the questions were asked or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order. • An expert or skilled witness whose deposition is taken shall be allowed a witness fee in such reasonable amount as the court may determine. • The court shall also determine a reasonable time within which payment must be made, if the deponent and party cannot agree. • All parties and the deponent shall be served with notice of any hearing to determine the fee. • Nothing in this rule shall prevent the taking of any deposition as otherwise provided by law. • Every subpoena for testimony before the court shall be issued by an attorney of record in an action or by the clerk under the seal of the court and shall state the name of the court and the title of the action and shall 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 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 be filled in before service by the attorney or party. • Such notice shall have the same effect and be subject to the same limitations as a subpoena served on the party. • Service of a subpoena upon a person named therein shall be made as provided by law. • Proof of such service shall be made by affidavit of the person making service if not served by an officer authorized by law to do so. 19 -- 19 of 26 -- (e) Subpoena for Taking Depositions. • 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 not be entitled to inspect and copy the materials except pursuant to an order of the court from which the subpoena was issued. • The right of trial by jury as declared by the constitution or by statute shall be preserved to the parties inviolate. • The trial shall 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. • If waived, a jury trial may not be granted without the consent of the parties, but the court may allow an amendment in the proceedings to demand a trial by jury or order a trial by jury on its own motion. 20 -- 20 of 26 -- RULE 4.431. • Alternate jurors shall 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 shall 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 shall be discharged when the jury retires to consider the verdict. • (3) If alternate jurors are called, each party shall be entitled to one peremptory challenge in the selection of each alternate juror. • The peremptory challenges allowed pursuant to subdivision (d) of this rule shall not be used against the alternate 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. • The order in which the parties may examine each juror shall be 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 be preserved. • Upon request, any party shall 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 jury questionnaires returned by the prospective jurors. • Challenges to the panel shall be made and decided before any individual juror is examined, unless otherwise ordered by the court. • A challenge to the panel shall be in writing and shall specify the facts constituting the ground of the challenge. • If the challenge to the panel is sustained, the court shall discharge the panel. • If the challenge is not sustained, the individual jurors shall be called. • The prospective jurors shall be sworn collectively or individually, as the court may decide. • The form of oath shall 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” shall be omitted. • Counsel for both the state and defendant shall have the right to examine jurors orally on their voir dire. • The right of the parties to conduct an examination of each juror orally shall be preserved. • 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 excuse the juror from the trial of the cause. • On the motion of any party, all challenges shall 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 22 -- 22 of 26 -- party making the challenge, or the basis of the court's ruling on the challenge, if for cause. • When a juror is challenged for cause the ground of the challenge shall be stated. • The court shall determine the validity of a challenge of an individual juror for cause. • The additional peremptory challenge may be used only against the alternate juror and the other peremptory challenges allowed by law shall not be used against the alternate juror. • The following oath shall be administered to the jurors: “Do you solemnly swear (or affirm) that you will well and truly try the issues between the State of Florida and the defendant 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” shall be omitted. • The motion shall 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 state the name and address of each juror to be interviewed and the grounds for 23 -- 23 of 26 -- challenge that the party believes may exist. • After notice and hearing, the trial judge shall enter an order denying the motion or permitting the interview. • However, hearsay evidence may not serve as the sole basis for the involuntary civil commitment of a person subject to the proceedings. • (b) No rule adopted by the Department of Children and Family Services pursuant to § 394.930, Florida Statutes, as amended, shall constitute (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. • APPEAL (a) An appeal to review a final judgment shall be pursuant Rule 9.110, Florida Rules of Appellate Procedure, as amended. • (b) 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 shall be appointed to represent an indigent respondent on appeal. • POST COMMITMENT PROCEEDINGS (a) A respondent committed after a trial shall be entitled to examination of his or her mental condition at least one time each year. • The examiner shall be given access to all records concerning the respondent. • (c) The report stating the result of any examination conducted pursuant to paragraph (a) or (b) shall be provided to the court for review. • (e) If it is determined that there is sufficient probable cause to believe it is safe to release the person, the court shall set the petition for a non-jury trial. • (f) The state attorney shall have the right to have the person examined by a professional chosen by the state prior to the trial. • (h) At the conclusion of any trial conducted under this rule, the judge shall enter an appropriate final judgment which shall be appealable pursuant to the applicable Rules of Appellate Procedure. -- 26 of 26 --
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.
Reviewer note: Document sha256: e736eb1bfa492b0ec6ce297a20cce72964b30319eee0c7b2f8c6f5adf1b1b395 (129439 bytes). BenchPath harvested this circuit itself because no research corpus existed for it. Extraction is conservative: mandatory-language sentences only, so this rule is a faithful subset of the order, never a summary of it.
The 17th Circuit's circuit-wide AI disclosure/certification mandate (Jan 2026, twice amended) was VACATED in its entirety effective June 15, 2026 by Chief Judge Phillips's AO 2026-19-Gen, expressly citing the statewide framework (AOSC26-12; Rule 2.515(d)(2), SC2026-0673). Several division procedure pages still cite the vacated order.
Every circuit-civil case reviewed within 120 days of commencement and assigned a track (complex, streamlined, or general); case management orders required; firm continuance policy; sanctions for missed deadlines. Rescinds AO 21-09.
Circuit-civil hearing-availability standards: motion calendars ~2 weeks from request; 15-30 min special sets within 45-60 days; longer special sets scale.