Florida Statutes

Fla. Stat. § 394.9155 (2025)

Rules of procedure and evidence.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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

(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.

Notes of Decisions

Cited in 52 cases (1 in the last 5 years), 1999–2026 · leading case: Westerheide v. State, 831 So. 2d 93 (Fla. 2002).

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Westerheide v. State, 831 So. 2d 93 (Fla. 2002). · cites it 7× “[8] Section 394.9155, Florida Statutes (2001), specifies the rules of procedure and evidence applicable in all civil commitment proceedings for sexually violent predators under the Ryce Act.”

In Re Commitment of Cartwright, 870 So. 2d 152 (Fla. 2d DCA 2004). · cites it 16× “The provision of the Ryce Act permitting the *156 admission of hearsay evidence is found in section 394.9155(5), Florida Statutes (2000), which provides: Hearsay evidence, including reports of a member of the multidisciplinary team or reports produced on behalf of the…”

Lee v. State, 854 So. 2d 709 (Fla. 2d DCA 2003). · cites it 9× “Lee next argues that the trial court erred in admitting unreliable hearsay evidence pursuant to section 394.9155(5), Florida Statutes (1999).”

Masters v. State, 958 So. 2d 973 (Fla. 5th DCA 2007). · cites it 17× “The petition alleged that Masters had been convicted previously of attempted sexual battery on a child under twelve and that Masters suffered from a mental disorder making it likely that he would engage in acts of sexual violence if not confined to a secure facility.”

Pesci v. State, 963 So. 2d 780 (Fla. 3d DCA 2007). · cites it 12× “Section 394.9155, Florida Statutes (2006), specifies, in part, that: (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.”

Kephart v. Hadi, 932 So. 2d 1086 (Fla. 2006). · cites it 4× “Additionally, section 394.9155 permits hearsay evidence to be used in proceedings brought under the Act.”

Mitchell v. State, 911 So. 2d 1211 (Fla. 2005). · cites it 6× “Moreover, section 394.9155(1), Florida Statutes (2000), provides that the Florida Rules of Civil Procedure apply to all civil commitment proceedings for sexually violent predators unless otherwise specified.”

Marshall v. State, 915 So. 2d 264 (Fla. 4th DCA 2005). · cites it 5× “§ 394.9155(1), Fla. Stat. (2004). Under the Act, hearsay evidence may be introduced, although it may not be the sole basis for commitment.”

In Re Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators, 13 So. 3d 1025 (Fla. 2009). · cites it 5× “Section 394.9155 provides in pertinent part as follows: (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:…”

Westerheide v. State, 767 So. 2d 637 (Fla. 5th DCA 2000). · cites it 3× “See § 394.9155(1), Fla. Stat. (1999). 3) The primary focus of the Act is the commitment of the sexually violent predator to the Department of Children and Family Services for "control, care, and treatment until such time as the person's mental abnormality or personality disorder…”

In Re Commitment of Branch, 890 So. 2d 322 (Fla. 2d DCA 2004). · cites it 3× “Branch's counsel argued that while the hearsay might be admissible under section 394.9155, Branch had no ability to defend himself because he was incapable of assisting her in disputing these factual allegations.”

In Re Commitment of Allen, 927 So. 2d 1070 (Fla. 2d DCA 2006). · cites it 3× “[2] See § 394.9155(1). The court reasoned that, because the burden of proof should be analyzed using rules of civil procedure, "the party asserting the affirmative of the issue" would bear the burden of proof.”

Show all 52 citing cases →

— 394.9155(1) — 24 cases

Mitchell v. State, 911 So. 2d 1211 (Fla. 2005). “Moreover, section 394.9155(1), Florida Statutes (2000), provides that the Florida Rules of Civil Procedure apply to all civil commitment proceedings for sexually violent predators unless otherwise specified.”

Westerheide v. State, 767 So. 2d 637 (Fla. 5th DCA 2000). “See § 394.9155(1), Fla. Stat. (1999). 3) The primary focus of the Act is the commitment of the sexually violent predator to the Department of Children and Family Services for "control, care, and treatment until such time as the person's mental abnormality or personality disorder…”

Saintelien v. State, 990 So. 2d 494 (Fla. 2008).

Osborne v. State, 907 So. 2d 505 (Fla. 2005).

Marshall v. State, 915 So. 2d 264 (Fla. 4th DCA 2005). “§ 394.9155(1), Fla. Stat. (2004). Under the Act, hearsay evidence may be introduced, although it may not be the sole basis for commitment.”

— 394.9155(3) — 2 cases

Westerheide v. State, 831 So. 2d 93 (Fla. 2002). “[8] Section 394.9155, Florida Statutes (2001), specifies the rules of procedure and evidence applicable in all civil commitment proceedings for sexually violent predators under the Ryce Act.”

Jackson v. State, 833 So. 2d 243 (Fla. 4th DCA 2002).

— 394.9155(4) — 1 case

Cotton v. State, 22 So. 3d 638 (Fla. 1st DCA 2009).

— 394.9155(5) — 22 cases

In Re Commitment of Cartwright, 870 So. 2d 152 (Fla. 2d DCA 2004). “The provision of the Ryce Act permitting the *156 admission of hearsay evidence is found in section 394.9155(5), Florida Statutes (2000), which provides: Hearsay evidence, including reports of a member of the multidisciplinary team or reports produced on behalf of the…”

Lee v. State, 854 So. 2d 709 (Fla. 2d DCA 2003). “Lee next argues that the trial court erred in admitting unreliable hearsay evidence pursuant to section 394.9155(5), Florida Statutes (1999).”

Pesci v. State, 963 So. 2d 780 (Fla. 3d DCA 2007). “Section 394.9155, Florida Statutes (2006), specifies, in part, that: (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.”

Masters v. State, 958 So. 2d 973 (Fla. 5th DCA 2007). “The petition alleged that Masters had been convicted previously of attempted sexual battery on a child under twelve and that Masters suffered from a mental disorder making it likely that he would engage in acts of sexual violence if not confined to a secure facility.”

Kephart v. Hadi, 932 So. 2d 1086 (Fla. 2006). “Additionally, section 394.9155 permits hearsay evidence to be used in proceedings brought under the Act.”

— 394.9155(6) — 1 case

Milner v. State, 50 So. 3d 711 (Fla. 4th DCA 2010).

— 394.9155(7) — 3 cases

In Re Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators, 13 So. 3d 1025 (Fla. 2009). “Section 394.9155 provides in pertinent part as follows: (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:…”

Kakuk v. State, 908 So. 2d 1088 (Fla. 5th DCA 2005).

— 394.9155(7)(a) — 1 case

Kakuk v. State, 908 So. 2d 1088 (Fla. 5th DCA 2005).

— 394.9155(7)(b) — 1 case

Kakuk v. State, 908 So. 2d 1088 (Fla. 5th DCA 2005).

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