We agree with the well-reasoned May 21, 2002, opinion of the 11th Judicial Circuit’s Appellate Division, granting the petition for writ of habeas corpus. The court held paragraph 907.041(4)(b), Florida Statutes (2000), to be unconstitutional as a procedural rule which encroaches on the Florida Supreme Court’s exclusive rule-making authority. See Fla. Const. Art. II, § 2(a). We affirm the decision below and adopt its reasoning in all respects.

Affirmed.