Fla. R. Civ. P.–S.V.P. 4.470

(a) Examination. A respondent committed after a trial is

entitled to examination of his or her mental condition at least one

time each year. Examinations may be ordered more frequently at

the discretion of the court.

(b) Expert. The respondent may retain, or if indigent, the

court may appoint, a qualified professional to conduct the

examination. The examiner must be given access to all records

concerning the respondent.

(c) Court Review. The report stating the result of any

examination conducted pursuant to paragraph (a) or (b) must be

provided to the court for review.

(d) Probable cause review. A respondent who receives

written notice of the examination, and waives his or her rights to

confidentiality of the result, and who petitions the court over the

objection of the director of the facility where the respondent is

housed, has the right to a hearing limited to determining whether

probable cause exists to believe the respondent’s condition has so

changed, that it is safe for the respondent to be at large, and that

the respondent will not engage in acts of sexual violence if

discharged. Both parties may present evidence. The respondent has

the right to be represented by counsel and the right to be present at

the hearing.

(e) Non-jury trial. If it is determined that there is sufficient

probable cause to believe it is safe to release the person, the court

must set the petition for a non-jury trial.

(f) State Experts. The state has the right to have the person

examined by professionals chosen by the state prior to the trial.

(g) Burden of persuasion. The burden is on the state to

prove, by clear and convincing evidence, that it is not safe for the

person to be at large and that, if released, the person is likely to

engage in acts of sexual violence.

Florida Rules of Civil Procedure for

Involuntary Commitment of Sexually Violent Predators

(h) Appeal. At the conclusion of any trial conducted under

this rule, the judge must enter an appropriate final judgment which

is appealable pursuant to the applicable Rules of Appellate

Procedure.