Florida/Georgia Personal Injury & Workers Compensation

...t the public good requires that statutory or rule-based confidentiality give way to serve a greater good"). We similarly conclude that the provisions which waive confidentiality during the treatment process do not render the Ryce Act punitive. See §§ 394.9155(7), 394.918(1)-(2) Fla....

...[7] Under the statutory definition, an individual can be "convicted of a sexually violent offense" in three ways: the person has been adjudicated guilty or delinquent after a trial, guilty plea, or plea of nolo contendere or has been adjudicated not guilty by reason of insanity. See § 394.912(2), Fla. Stat. (2001). [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. Subsection (3) provides that the psychotherapist-patient privilege under the rules of evidence "does not exist or apply for communications relevant to an issue in proceedings to involuntarily commit a person under this part." § 394.9155(3), Fla....

...nt predator, then the court may order the person to allow the team members to review all reports, tests, and evaluations of the person's own mental health expert or may prohibit the person's mental health expert from testifying about such items. See § 394.9155(7), Fla....

...from Chapter 916, Florida Statutes, entitled "Forensic Client Services Act" to Chapter 394, Florida Statutes, entitled "Mental Health," effective May 26, 1999. 2) The Act specifically requires application of the Florida Rules of Civil Procedure. See § 394.9155(1), Fla....

...[5] Some of those procedural and substantive rights include the following: (1) the right to counsel, see §§ 394.915(3), 394.916, Fla. Stat. (1999); (2) determination of probable cause, see § 394.915, Fla. Stat. (1999); (3) application of the Florida Rules of Civil Procedure and the Florida Evidence Code, see § 394.9155(1),(2), Fla....

...(2002) (stating that the multidisciplinary team will be provided with the person's criminal history, including police reports, victim statements, presentence investigation reports, mental health records, and any other documents containing reports of the person's criminal history). Additionally, section 394.9155 permits hearsay evidence to be used in proceedings brought under the Act. Section 394.9155 provides in pertinent part: 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. § 394.9155(5), Fla....

...See In re Commitment of Williams, 841 So.2d 531 (Fla. 2d DCA 2003) (determining that any error in the admission of the results of risk assessment instruments was harmless). Lee next argues that the trial court erred in admitting unreliable hearsay evidence pursuant to section 394.9155(5), Florida Statutes (1999)....

...That statute allows the admission of hearsay in civil commitment proceedings unless the trial court finds that the evidence is not reliable, and it prohibits the use of hearsay as the sole basis for commitment. Lee also challenges the constitutionality of section 394.9155(5) on due process, equal protection, and separation of powers grounds. The State responds that the hearsay evidence discussed by the experts was admissible pursuant to the statute; the expert's opinions were not being used as conduits for otherwise inadmissible evidence; and in accordance with the requirement of section 394.9155(5), hearsay evidence was not the sole basis for Lee's commitment....

...(1999); Riggins v. Mariner Boat Works, Inc., 545 So.2d 430, 431-32 (Fla. 2d DCA 1989); Bender v. State, 472 So.2d 1370, 1371 (Fla. 3d DCA 1985). The record reflects that the trial court carefully analyzed the hearsay evidence that the State offered pursuant to section 394.9155(5)....

...The record also reflects that Lee did not dispute the accuracy or reliability of much of the hearsay evidence that was presented and that hearsay was not the sole basis of the commitment. Although no Florida case directly addresses the constitutionality of section 394.9155(5), in People v....

...Id., 109 Cal.Rptr.2d 327, 26 P.3d at 1067. However, after analyzing the constitutional issues that were implicated by the California statute, the court concluded that the statute met constitutional requirements. While Lee argues generally against the constitutionality of section 394.9155(5), he points to no authority that applies in the context of a civil commitment proceeding to support his conclusion. For the same reasons expressed in Otto, we conclude that Lee has not demonstrated the existence of any constitutional infirmity arising from section 394.9155(5); the protections afforded by the statute and the role of the trial court to exclude unreliable hearsay evidence suffice to meet constitutional requirements....

...istory was the best predictor of his future conduct. There was no finding by the trial court, and there is little in the record to support Lee's argument, that the information utilized by the experts was unreliable. The evidence was admissible under section 394.9155(5), and it was of the type appropriately used by experts in formulating their opinions in commitment cases....

...§ 394.916(5). The person is entitled to the assistance of counsel, including appointed counsel if indigent. Id. § 394.916(3). The trial is considered civil in nature, and the Florida Rules of Civil Procedure and Evidence Code are generally applicable. Id. § 394.9155....

...HEARSAY EVIDENCE Hearsay evidence related to Cartwright's prior attempted capital sexual battery offenses was admitted by the trial court over Cartwright's objection. 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 multidisciplinary team, is admissible in proceedings under this part unless the court finds that such evidence is not reliable....

...as the provision of the Florida Constitution vesting the supreme court with the authority to adopt procedural rules. In Lee v. State, 854 So.2d 709 (Fla. 2d DCA 2003), this court recently addressed similar claims concerning the constitutionality of section 394.9155(5) and held that the provision is not unconstitutional. The court concluded that the defendant in that case had "not demonstrated the existence of any constitutional infirmity arising from section 394.9155(5)" and that "the protections afforded by the statute and the role of the trial court to exclude unreliable hearsay evidence suffice to meet constitutional requirements." Id. at 713. In reaching this conclusion regarding the merits of the "due process, equal protection[,] and separation of powers grounds," id., urged for the unconstitutionality of section 394.9155(5), this court relied on the reasoning of the California Supreme Court in People v....

...Rptr.2d 327, 26 P.3d 1061 (2001), which held that the admission of hearsay evidence in an involuntary civil commitment proceeding did not violate the defendant's due process rights. We will specifically address two aspects of the challenge made by Cartwright to the constitutionality of section 394.9155(5)....

..., for out-of-court statements made by an elderly person describing acts of abuse and violence against the declarant was "facially violative of the defendant's constitutional right to confrontation." Second, we will turn to Cartwright's argument that section 394.9155(5) impermissibly invades the authority vested by article V, section 2(a), Florida Constitution, in the Florida Supreme Court to "adopt rules for the practice and procedure in all courts." A....

...The Confrontation Clauses of both the United States and Florida Constitutions are expressly limited to "criminal prosecutions." Conner is thus wholly inapposite to a civil commitment proceeding such as the one at issue here. But see Jenkins v. State, 803 So.2d 783, 785 (Fla. 5th DCA 2001) ("Obviously [section 394.9155(5)] must be construed in light of the Fourteenth Amendment right of confrontation."). B. THE SUPREME COURT'S RULE-MAKING AUTHORITY The second aspect of Cartwright's attack on the constitutionality of section *157 394.9155(5) presents a more complex issue....

...2(a). We conclude that Glendening's holding that a statutory provision was procedural for purposes of analysis under the Ex Post Facto Clause is inapposite to the issue raised by Cartwright and that the holding in Booker supports the conclusion that section 394.9155(5) does not violate the provision of article V, section 2(a), that "[t]he supreme court shall adopt rules for the practice and procedure in all courts." We also conclude that the challenged statutory provision should be upheld becaus...

...Finally, we conclude that Florida Rule of Civil Procedure 1.010, which authorizes legislative definition of "procedure" in "special statutory proceedings"—such as those instituted under the Ryce Act—further undercuts Cartwright's argument that the legislature exceeded the proper bounds of its authority in adopting section 394.9155(5)....

...Glendening's characterization of the statutory exception for child abuse victims' hearsay as procedural for purposes of Ex-Post-Facto-Clause analysis cannot properly be extended beyond that context. Glendening thus sheds no light on whether the hearsay provision in section 394.9155(5) violates article V, section 2(a)....

...n 2(a). And there are no cases in which the supreme court has held that a statute authorizing the admission of hearsay evidence was unconstitutional under article V, section 2(a). Under Booker and Dobbert, we conclude that Cartwright's argument that section 394.9155(5) violates article V, section 2(a), must be rejected....

...Application of Caple Under the Ryce Act, consideration of the facts related to the defendant's prior criminal adjudications for sexual offenses without the necessity of a full retrial of those prior cases is essential to the statutory scheme. The admission of reliable hearsay evidence under section 394.9155(5) thus falls within the scope of the principle articulated in Caple....

...Invalidation of the legislative provision permitting the consideration of reliable hearsay evidence in Ryce Act proceedings would fundamentally alter the nature of those proceedings and disrupt the substantive statutory scheme established by the legislature for the civil commitment of sexually violent predators. Because section 394.9155(5) is "intimately related to" and "intertwined with" the admittedly substantive provisions of the Ryce Act, it withstands scrutiny under article V, section 2(a). Caple, 753 So.2d at 54; see also Smith, 507 So.2d at 1092. 4. Application of Rule 1.010 The constitutionality of section 394.9155(5) is further supported by the supreme court's delegation to the legislature—pursuant to rule 1.010—of authority to prescribe matters of procedure in "special statutory proceedings." Rule 1.010 provides, in pertinent part, "The for...

...The supreme court's adoption of the provisions of the code of evidence—including its provisions relating to hearsay—does not constitute a specific provision as to the contrary of the statutory provisions governing the admission of evidence in special statutory proceedings. Thus, even if we were to conclude that section 394.9155(5) is "procedural," rule 1.010 would require that we follow the "procedure ......

...me such designations would be appealable under either rule 9.030(b)(1)(A) (providing that the district court shall review "final orders of trial courts") or rule 9.130(a)(4) (allowing appeals of nonfinal orders entered after a final order). See also § 394.9155(1), Fla....

...s request for a continuance. During the State's case, Branch repeatedly objected to the admission of the hearsay testimony concerning Branch's alleged prior uncharged bad acts. 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 reversing the order of commitment, the court first recognized that hearsay evidence may be introduced in Ryce Act proceedings, although it may not be the sole basis for commitment and the hearsay admitted must be reliable. Id. at 785; see *327 also § 394.9155(5)....

...and assist counsel in challenging the alleged facts. Otherwise, the due process right is simply illusory. We emphasize that it is not the admission of hearsay that thwarts a Ryce Act respondent's due process rights; indeed, this court has held that section 394.9155(5), allowing hearsay to be admitted against a Ryce Act respondent, satisfies due process....

...se rule 9.310(b)(2) applies in civil cases, the automatic stay provision was applicable: The statute and the case law construing the Jimmy Ryce Act make it clear that the commitment proceedings under the Jimmy Ryce Act are civil in nature. 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....

...See, e.g., Westerheide v. State, 767 So.2d 637, 648 (Fla. 5th DCA 2000) (holding that the Jimmy Ryce Act is civil in nature and that confinement is for treatment and the protection of the public, not punishment), approved by 831 So.2d 93 (Fla.2002). 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....

...2072, 138 L.Ed.2d 501 (1997); Westerheide v. State, 831 So.2d 93, 100 (Fla.2002) (stating that the Jimmy Ryce Act "was clearly intended to create a civil commitment scheme" for those who are determined to be sexually violent predators under the Act). Moreover, section 394.9155(1), Florida Statutes (2000), states, "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 pa...

...ithout providing Jenkins any opportunity to confront the witnesses denied him a fair trial. The legislature has determined that in Jimmy Ryce Act trials, hearsay evidence may be introduced even though it may not be the sole basis for commitment. See Section 394.9155(5), Fla....

...Was the uncle there to observe the facts about which he "testified" through the police officer or was he merely reporting what others had told him? Too much rumor and gossip were permitted to go to this jury. Another problem in this case is that Jenkins appears to have been committed almost solely on hearsay evidence. Section 394.9155(5), Fla....

...edisposes the person to commit sexually violent offenses and that the person is likely to re-offend if not confined to a secure facility. Id. Civil commitment proceedings under the Jimmy Ryce Act are governed by the Florida Rules of Civil Procedure. § 394.9155(1), Fla....

...f 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. § 394.9155(5), Fla....

...It does not apply to civil commitment proceedings. In re Commitment of Burton, 884 So.2d 1112, 1114 (Fla. 2d DCA 2004); In re Commitment of Cartwright, 870 So.2d 152, 156 (Fla. 2d DCA 2004); but see Jenkins v. State, 803 So.2d 783, 785 (Fla. 5th DCA 2001) ("Obviously [section 394.9155(5)] must be construed in light of the Fourteenth Amendment right of confrontation.") *268 Here, the trial court properly found that the statements made by S.W....

...Appellant also argues that the Ryce Act deprives him of a right to privacy guaranteed by the Florida Constitution in that it waives privileged communication. The psychotherapist-patient privilege, listed in section 90.503(2), Florida Statutes, has been abrogated by the Legislature in Ryce Act proceedings. See § 394.9155(3), Fla....

...We conclude that the Ryce Act contemplates civil proceedings and that the State has the statutory right to appeal in civil cases as do all litigants in such proceedings. See § 59.06(1), Fla. Stat. (1999) (providing the statutory right to appeal from final judgments or orders in civil actions); see also § 394.9155(1), Fla....

...State, 888 So.2d 702, 705 (Fla. 5th DCA 2004), the Fifth District noted that the Florida Legislature directed that civil commitment proceedings under this chapter are to be conducted according to the Florida Rules of Civil Procedure unless otherwise specified. [2] See § 394.9155(1)....

...se in a new limited probable cause hearing. [5] Affirmed. DAVIS and SILBERMAN, JJ., Concur. NOTES [1] §§ 394.910-.931, Fla. Stat. (1999). [2] As later noted, section 394.918(4) identifies proceedings in which the State has the burden of proof. [3] Section 394.9155(5), Florida Statutes (1999), provides that "[h]earsay 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....

...Although the Jimmy Ryce Act is silent as to which party bears the burden of proof at the probable cause hearing, the Florida legislature has determined that proceedings under the statute are to be conducted under the Florida Rules of Civil Procedure. See § 394.9155(1), Fla....

...f rule 1.440, which provides that a case is not at issue until twenty days after service of the last pleading *1141 and that the trial cannot be set less than thirty days after the service of the notice for trial. See Fla.R.Civ.P. 1.440. Even though section 394.9155(1) of the Act indicates that the Florida Rules of Civil Procedure are applicable, the provisions of rule 1.440 are in direct conflict with the explicit time frame set forth in the Act....

...s of a request by the respondent or counsel. [4] Meadows also argues that he should have been served with a regular *1091 civil summons since the Act provides that "the Florida Rules of Civil Procedure apply unless otherwise specified in this part." § 394.9155(1)....

...s expert, who relied on Rodgers' prior bad acts and criminal offenses to form his opinion. Rodgers asserts that the prejudicial effect of the expert's opinion outweighed its probative value. He also contends that the hearsay exception under the Act, section 394.9155(5), Florida Statutes (1999), is unconstitutional....

...y decided, and we decline to do so absent an actual case or controversy. Moreover, under the Act, the Legislature did not create a right to cure a deficient petition, and we will not do so as a matter of procedure. In respect to proposed rule 4.360, section 394.9155(7), Florida Statutes (2008), addresses the consequences of a respondent not permitting the State to subject him or her to a mental examination. 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...

...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. § 394.9155(7), Fla....

the rules governing Ryce Act proceedings. See § 394.9155(1), Fla. Stat.; Fla. R. Civ. P.— S.V.P., 4.440(a)(1)

...*1121 We need to protect our society, especially our children, from sexual predators, but we also need to honor and trust the heritage of freedom and liberty that has made this country strong. NOTES [1] Frye v. United States, 293 F. 1013 (D.C.Cir.1923). [2] Section 394.9155(5), Florida Statutes (1999), allows for the use of hearsay in civil commitment proceedings under the Act as long as it is reliable and not the sole basis for the commitment....

...sexually violent act" within a reasonable degree of psychological certainty. Sloss moved for directed verdict, arguing that the State's evidence consisted entirely of hearsay presented through two expert witnesses. Sloss contended that this violated section 394.9155(5), and that no jury question was presented....

...guilty and that Sloss acknowledged in a deposition, presented a jury question. See Donaldson v. State, 888 So.2d 107, 109-10 (Fla. 3d DCA 2004); see also Westerheide v. State, 831 So.2d 93, 97 (Fla.2002) (plurality opinion). With respect to hearsay, section 394.9155(5) provides: 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....

...The trial court did not find that the information utilized by Drs. Rhyne and Robison was unreliable, and little in the record would support such a conclusion. See Lee, 854 So.2d at 714. We conclude that the trial court properly admitted the evidence under section 394.9155(5), which "was of the type appropriately used by experts in formulating their opinions in commitment cases....

...discovery was to proceed. The Act provided only that it was the legislature's intent to create a civil commitment proceeding thus suggesting that the rules of civil procedure would apply. The Act has since been amended to expressly provide this. See § 394.9155, Fla....

...We begin our review with recognition of our standard of review. A trial court's ruling on the admissibility of evidence will not be disturbed absent a finding that the trial court abused its discretion. Carpenter v. State, 785 So.2d 1182, 1201 (Fla. 2001). Reliability Issue Pesci recognizes that section 394.9155(5), Florida Statutes (2006), allows the introduction of hearsay evidence under the Ryce Act....

...He, however, asserts that the trial court abused its discretion in admitting the hearsay evidence regarding the New York offense because the State did not prove its reliability. This, however, is not the standard by which a trial court admits hearsay evidence under the Ryce Act. 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....

...f 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. ß 394.9155(4)-(5), Fla....

...We, therefore, conclude that the trial court *786 did not abuse its discretion in admitting the hearsay evidence regarding the New York offense. See Sloss v. State, 925 So.2d 419, 423 (Fla. 5th DCA 2006)(concluding that the trial court properly admitted hearsay evidence pursuant to section 394.9155(5) as the defendant did not dispute the accuracy or reliability of much of the hearsay evidence and the hearsay evidence was not the sole basis for the defendant's commitment); see also In re Commitment of Rodgers, 875 So.2d 737, 740 (Fla....

...ior bad acts and criminal offenses and thereby allowing the State's expert to rely on the evidence to form his opinion); Lee v. State, 854 So.2d 709, 713 (Fla. 2d DCA 2003)(finding that the trial court did not err in admitting hearsay evidence under section 394.9155(5) since the statute allows the admission of hearsay evidence in civil commitment cases unless the trial court finds the evidence to be unreliable, the trial court carefully analyzed the hearsay evidence offered by the State, the defendant did not dispute the accuracy of the hearsay evidence, and the hearsay evidence was not the sole basis of the defendant's civil commitment). Pesci's Reliance on Jenkins Despite the clear language of section 394.9155(5) and the cases already addressed in this opinion, Pesci asserts that pursuant to Jenkins v....

...ntation under the Fourteenth Amendment of the United States Constitution and the parallel provision of the Florida Constitution. In support thereof, Pesci again relies on Jenkins for the proposition that although hearsay evidence is admissible under section 394.9155(5), Florida Statutes, "this statute must be construed in light of the Fourteenth Amendment right to confrontation." See Jenkins, 803 So.2d at 785....

...vil commitment proceedings." Id. (citing Marshall v. State, 915 So.2d 264, 267 (Fla. 4th DCA 2005) and In re Commitment of Burton, 884 So.2d 1112, 1114 (Fla. 2d DCA 2004)). Similarly, we are not bound by the language in Jenkins, which suggests that "section 394.9155(5) must be construed in light of the Fourteenth Amendment right of confrontation," and agree with the Florida courts which have consistently held that the Confrontation Clauses of both the United States and Florida Constitutions are...

...ings and does not apply to civil commitment proceedings, such as civil commitment proceedings under the Ryce Act); In re Commitment of Burton, 884 So.2d 1112, 1114 (Fla. 2d DCA 2004)(rejecting defendant's argument that the admission of hearsay under section 394.9155(5) is unconstitutional because it violated his right to confrontation under the United States and Florida Constitutions)....

...Pesci argued that his sexual contact with the victim was consensual. The court in Jenkins stated: The legislature has determined that in Jimmy Ryce Act trials, hearsay evidence may be introduced even though it may not be the sole basis for commitment. See Section 394.9155(5), Fla....

...Squire, Assistant Attorney General, Daytona Beach, for Appellee. PLEUS, C.J. Masters appeals his civil commitment under the Jimmy Ryce Act. [1] He argues that the trial court erred in admitting hearsay evidence against him because that evidence was not reliable. He also argues that section 394.9155(5), Florida Statutes (2006), which authorizes the admission of hearsay in Jimmy Ryce proceedings, violates Article V, section 2(a) of the Florida Constitution, which gives the supreme *974 court the power to regulate practice and procedure....

...om a mental disorder making it likely that he would engage in acts of sexual violence if not confined to a secure facility. Before trial, Masters filed a motion in limine to limit the introduction of any documentary evidence containing hearsay under section 394.9155, Florida Statutes (2006), because admission of such hearsay (1) would be contrary to this Court's holding in Jenkins v. State, 803 So.2d 783 (Fla. 5th DCA 2001); (2) would be contrary to the holding in Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004); and (3) section 394.9155 violated the separation of powers principle and more specifically, Article V, Section 2 of the Florida Constitution....

...There was ample non-hearsay evidence demonstrating that Masters had a problem and was likely to reoffend. Thus, Jenkins does not control. See also In re Commitment of Williams, 841 So.2d 531 (Fla. 2d DCA 2003) (distinguishing Jenkins on similar grounds). Constitutionality of Section 394.9155(5), Florida Statutes (2006) Finally, Masters argues that section 394.9155(5), Florida Statutes (2006) is unconstitutional because it purports to regulate, in a Jimmy Ryce proceeding, the procedure for admitting evidence, which is the exclusive responsibility of the supreme court under Article V, Section 2(a) of the Florida Constitution. This issue was preserved below. The standard of review is de novo. Lowe v. Broward County, 766 So.2d 1199 (Fla. 4th DCA 2000). Section 394.9155(5), Florida Statutes, states: (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....

...e court shall adopt rules for the practice and procedure in all courts. . . ." Masters' constitutional challenge was expressly rejected in In re Commitment of Cartwright, 870 So.2d 152 (Fla. 2d DCA 2004). In Cartwright, the second district held that section 394.9155(5) does not infringe upon the supreme court's rulemaking authority in procedural matters, as granted by Article V, Section 2 of the Florida Constitution, because (1) section 394.9155 is a procedural provision that is "intimately related to" or "intertwined with" substantive statutory provisions of the Jimmy Ryce Act; (2) in Florida Rule of Civil Procedure 1.010, the supreme court delegated to the legislature the...

...tatutory proceedings, such as civil commitment proceedings under the Jimmy Ryce Act; and (3) case law supports the conclusion that the provision is constitutional. Cartwright, 870 So.2d at 157. Masters attacks Cartwright generally on the ground that section 394.9155(5) denies him the right of confrontation....

...lorida Constitutions are expressly limited to "criminal prosecutions." Conner [2] is thus wholly inapposite to a civil commitment proceeding such as the one at issue here. But see Jenkins v. State, 803 So.2d 783, 785 (Fla. 5th DCA 2001) ("Obviously [section 394.9155(5)] must be construed in light *977 of the Fourteenth Amendment right of confrontation.")....

...say evidence in civil commitment proceedings. Marshall v. State, 915 So.2d 264, 267 (Fla. 4th DCA 2005); In re Commitment of Burton, 884 So.2d 1112, 1114 (Fla. 2d DCA 2004). All of these cases note the contrary language in Jenkins that "[o]bviously [section 394.9155(5)] must be construed in light of the Fourteenth Amendment right of confrontation." Jenkins, 803 So.2d at 785. We are not bound by this language in Jenkins because it is dictum. The constitutionality of section 394.9155 was not raised in Jenkins....

...See, e.g., Westerheide v. State, 767 So.2d 637, 648 (Fla. 5th DCA 2000) (holding that the Jimmy Ryce Act is civil in nature and that confinement is for treatment and the protection of the public, not punishment), approved by 831 So.2d 93 (Fla.2002). 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....

...ged bad acts lacked the requisite indicia of reliability and violated his right to due process by denying him the ability to confront his accusers. We disagree that the admission of these reports requires a new trial based on our standard of review; section 394.9155(5), Florida Statutes (2008), which permits the introduction of hearsay evidence during involuntary civil commitment Jimmy Ryce Act proceedings; Clark's admission to the accuracy of most of the hearsay evidence; the psychologists' rel...

...to call any of the witnesses in the reports during his trial. A trial court's ruling on the admissibility of evidence will not be disturbed absent a finding that the trial court abused its discretion. Franklin v. State, 965 So.2d 79, 94 (Fla.2007). Section 394.9155 allows the introduction of hearsay evidence under the Jimmy Ryce Act, providing the evidence is relevant and the trial court does not find that the evidence is unreliable. Section 394.9155 provides, in relevant 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....

...oung boys and "grooming" them to commit lewd acts with or upon them. Thus, these hearsay reports were clearly relevant. The second question we must answer is whether the hearsay evidence had sufficient indicia of reliability to permit its admission. Section 394.9155(5) specifies that hearsay evidence is admissible unless the trial court finds it is not reliable....

...Bursten was a member of *1058 the multidisciplinary team retained by the Department of Children and Families to evaluate Clark and make a recommendation regarding civil commitment, not a witness retained by either the State of the defense, his report was properly admitted. We agree with the State. Section 394.9155(5) provides that reports prepared by a member of the multidisciplinary team or on behalf of the multidisciplinary team, are admissible unless they are unreliable....

...However, Brown failed to renew his motion at the close of all of the evidence, a requirement to preserve the issue on appeal. In a civil commitment proceeding filed under the Jimmy Ryce Act, the Florida Rules of Civil Procedure generally apply. See § 394.9155(1), Fla....

...Chapter 99-222, § 3, Laws of Fla. (1999). After the amendment the trial court granted the state's motion to amend the petition to proceed under the amended statute, which contained a new provision eliminating the psychotherapist-patient privilege in Ryce Act proceedings. § 394.9155....

...There are enough similarities between the definition of mental illness under the Baker Act, and "mental abnormality" under the Ryce Act, to lead us to conclude that the communications to the therapists in this case fell within the section 90.503(4)(a) exception and were not privileged. Appellant next argues that section 394.9155, entitled "Rules of procedure and evidence," which was not in the original Ryce Act, and which, in section 394.9155(5), allows hearsay evidence, should not have been applied by the trial court....

...ture. [5] This notice was filed pursuant to Florida Rule of Civil Procedure 1.440. This seems like a logical step by counsel because, as specified by the legislature, these actions are generally governed by the standard rules of civil procedure. See § 394.9155(1), Fla....

...fined in a secure facility for long-term control, care, and treatment." § 394.912(10)(B), Fla. Stat. (2008). We affirm. After an appropriate finding of probable cause, this case proceeded to a jury trial for civil commitment under the directives of section 394.9155, Florida Statutes (2008). Notwithstanding that such a proceeding is civil in nature, Westerheide v. State, 831 So.2d 93 (Fla.2002), and governed by the Florida Rules of Civil Procedure, see section 394.9155(1), Florida Statutes (2008), counsel for Mr....

...vor was not well taken in the absence of any antecedent motion for directed verdict. .The criminal rules of procedure do not apply in cases like the present one. "The Florida Rules of Civil Procedure apply unless otherwise specified in this part.” § 394.9155(1), Fla....

...As the State points out, Williams' case is brought under the Jimmy Ryce Act, which is a civil commitment process, and is not criminal in nature. As such, the rules of criminal procedure do not apply [1] , and speedy trial rules are inapplicable. The petition for habeas corpus is denied. NOTES [1] Section 394.9155(1) provides for the Florida Rules of Civil Procedure and the Florida Rules of Evidence to apply (with exceptions inapplicable here).

...4th DCA 1997) (attorney's closing remarks "must be confined to the evidence, the issues and inferences that can be drawn from the evidence."). While our holding is not novel, we write to underscore the civil nature of JRA trials and to clarify the governing rule. JRA explicitly provides for civil proceedings. § 394.9155(1), Fla....

...[3] Although we conclude that there are no constitutional impediments to a deposition of Mr. Sutton, it is not clear whether the Florida Legislature intended that such defendants would have rights against self-incrimination in these civil commitment proceedings. Compare § 394.9155(1), Fla....

...hapter 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. (Emphasis added.) Similarly, section 394.9155(1) provides: The Florida Rules of Civil Procedure apply unless otherwise specified in this part. (Emphasis added.) In light of this express incorporation by the Legislature and the Florida Supreme Court, Florid...

...e trial. For example, in Brown v. State, 940 So. 2d 609, 610 (Fla. 4th DCA 2006), the Fourth District observed: In a civil commitment proceeding filed under the Jimmy Ryce Act, the Florida Rules of Civil Procedure generally apply. See § 394.9155(1), Fla....

...f 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. § 394.9155(5), Fla....

...ed with the legislature’s substantive enactments regulating the conduct of motorists on the state’s streets and highways. Cf. In re Commitment of Cartwright, 870 So.2d 152, 162 (Fla. 2d DCA 2004), rev. denied, 914 So.2d 952 (Fla.2005) (upholding section 394.9155(5), Florida Statutes, which allows the state to present hearsay evidence in civil commitment proceedings under the Jimmy Ryce Act, based upon finding that this provision was intimately intertwined with substan-five provisions of the...

WOLF, J. Kelvin Cotton, appellant, challenges his involuntary commitment pursuant to the Jimmy Ryce Act. §§ 394.912 and 394.9155, Fla....

...During the trial, the State admitted direct evidence of appellant’s involvement in other sexual assaults for which he had not been tried. Appellant’s main argument on appeal is that evidence of the other sexual acts im-permissibly became a feature of the trial. We reject the argument. Pursuant to section 394.9155, Florida Statutes (2008), in “all civil commitment proceedings for sexually violent predators,” (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....

...The Williams Rule is inapplicable here because a Ryce Act proceeding is not a criminal proceeding and is conducted for the purpose of determining propensity. See § 394.912(10)(b), Fla. Stat. (defining sexually violent predator as one who is “likely” to engage in acts of sexual violence). See also § 394.9155(4), Fla....

...the parties have the right to admit “[h]earsay evidence, including reports of a member of the multidisciplinary team or reports produced on behalf of the multidisciplinary team . . . unless the court finds that such evidence is not reliable.” § 394.9155(5), Fla....

...- 44 - right to admit hearsay evidence violated “the provision of the Florida Constitution vesting the supreme court with the authority to adopt procedural rules.” Id. at 156. The district court concluded that the argument “that section 394.9155(5) violates article V, section 2(a), must be rejected.” Id....

...condition, his criminal history, his sexual history, his family history, his treatment history, and about his future plans and attitudes about his sex offenses and treatment. The trial court partially granted the motion on March 25, 2008, citing to section 394.9155(7)(b) of the Jimmy Ryce Act....

...Later, the state moved to depose Kakuk, pursuant to Florida Rules of Civil *1092 Procedure, as a party, as part of the discovery process, pursuant to Rule 1.280. The public defender argued against the motion, pointing out that the state was trying to end-run the limitations in section 394.9155(7), Florida Statutes....

...at trial, the result would have been different. If the discovery provisions of the Rules of Civil Procedure are fully applicable to Jimmy Ryce commitment proceedings, it appears that the Legislature has enacted a useless and meaningless statute — section 394.9155(7)(a) and (b)....

...(1). The order for examination shall be made only after notice to the person to be examined and to all parties, and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made. . § 394.9155(1), Fla....

...dity of the report. The DCF-commissioned report was admissible in evidence for two reasons. First, a provision of the Sexually Violent Predator Act permits hearsay evidence in “all civil commitment proceedings for sexually violent predators.” § 394.9155(5), Fla. Stat. (2014). Second, the report fell under an exception to the hearsay rule as an admission by an agent of a party opponent. See § 90.803(18), Fla. Stat. (2104). Section 394.9155(5) allows hearsay under specific circumstances: Hearsay evidence, including reports of a member of the multidisciplinary team or reports produced on behalf of the multidisciplinary team, is admissible in proceedings...

...this part unless the court finds that such evidence is not -3-  reliable. In a trial, however, hearsay evidence may not be used as the sole basis for committing a person under this part. Cases considering the application of section 394.9155(5) have confronted hearsay evidence that was admitted against a respondent in a commitment hearing....

...We review the court’s admission of this evidence for an abuse of discretion. See Pesci v. State, 963 So.2d 780, 785 (Fla. 3d DCA 2007) (“A trial court’s ruling on the admissibility of evidence [in a Jimmy Ryce Act trial] will not be disturbed absent a finding that the trial court abused its discretion.”). Section 394.9155(5), Florida Statutes (2006), provides, in pertinent part, that during a Jimmy Ryce Act trial, “[hjearsay evidence ... is admissible ... unless the court finds that such evidence is not reliable.” § 394.9155(5), Fla....

...f 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. § 394.9155(5), Fla....

...iolent predator civil confinement proceedings. See Maraman, 980 So.2d at 1099 (the defendant’s liberty interests are far higher stakes than a civil litigant’s monetary concerns). By statute, the civil rules of procedure apply in these eases. See § 394.9155(1), Fla....

...Stephens well enough to know whether or not he's still having deviant fantasies.. . ." The State presented no other evidence, nor did it seek to admit the medical record as a hearsay exception. Proceedings under the Sexually Violent Predator Act are subject to the Florida Rules of Civil Procedure. See § 394.9155(1), Fla....

...Mr. Greene next challenges the constitutionality of that part of the Jimmy Ryce Act that allows hearsay testimony to be admitted in the jury proceedings required by the statute based on the Confrontation Clause of the United States Constitution. See § 394.9155(5), Fla....

apply unless otherwise specified” in the Act. § 394.9155(1), Fla. Stat. (2008). Under the Act, the commitment

...Although the requested instruction tracks the language of an administrative code provision, where an agency adopts a rule that conflicts with a statute, the statute prevails. Johnson v. State, 709 So.2d 623, 624 (Fla. 4th DCA 1998). Moreover, the specific authority for the code provision is section 394.930, Florida Statutes. Section 394.9155 states in relevant part, that: Rules adopted under s....

...r excluding or otherwise limiting the presentation of any physical evidence or testimony in judicial proceedings under this part; or (c) Elements of the cause of action that the state needs to allege or prove in judicial proceedings under this part. § 394.9155(6) (emphasis added)....

...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. § 394.9155(5), Fla....