RULE 4.440. RULES OF PROCEDURE AND EVIDENCE

(a) 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 and Florida
Rules of Judicial Administration apply unless otherwise superseded
by these rules.

(2) The Florida Rules of Evidence apply unless
superseded by these rules.

(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) No rule adopted by the Department of Children and
Family Services pursuant to section 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.

(c) 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.