(c) Burden of Persuasion. The burden of proof to determine

if the respondent is a sexually violent predator is clear and convincing evidence. Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators January 1, 2024 9 (d) Unanimity. The court must enter final judgment for the petitioner if a jury unanimously finds the respondent to be a sexually violent predator. (e) Hung Jury; Time for Re-Trial. The court must declare a mistrial if the jury cannot reach a unanimous verdict. The court must 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 must 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 must 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 three or more jurors do not find the respondent is a sexually violent predator, the court must enter a final judgment in favor of the respondent.