Florida Senate - 2023 SB 1208
By Senator Burgess
23-00233B-23 20231208__
1 A bill to be entitled
2 An act relating to depositions of witnesses in
3 criminal proceedings; amending s. 92.55, F.S.;
4 prohibiting the deposition of victims and certain
5 witnesses in certain proceedings without a showing of
6 good cause; providing for motions to depose witnesses;
7 providing for factors to be considered in granting
8 such motions; requiring written findings of fact in
9 rulings on such motions; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (6) is added to section 92.55,
14 Florida Statutes, to read:
15 92.55 Judicial or other proceedings involving victim or
16 witness under the age of 18, a person who has an intellectual
17 disability, or a sexual offense victim or witness; special
18 protections; use of therapy animals or facility dogs.—
19 (6)(a) In any criminal action in which the defendant is
20 charged with an offense described in this paragraph, or with any
21 attempt, solicitation, or conspiracy to commit such offense,
22 depositions are not allowed, absent a showing of good cause, of
23 any victim or any witness younger than the age of 18, any person
24 who has intellectual disabilities, or any person who is a victim
25 or witness. The offenses are:
26 1. Any offense constituting domestic violence as defined in
27 s. 741.28.
28 2. Aggravated cyberstalking under s. 784.048.
29 3. Custody offenses under chapter 787.
30 4. Human trafficking under s. 787.06.
31 5. Human smuggling under s. 787.07.
32 6. Sexual battery under s. 794.011.
33 7. Lewd or lascivious offenses under s. 800.04.
34 8. Child abuse or neglect of a child under s. 827.03.
35 9. Promotion of or use of a child in a sexual performance
36 under s. 827.071.
37 10. Computer pornography, prohibited computer usage, or
38 traveling to meet a minor under s. 847.0135, transmission of
39 pornography by electronic device or equipment under s. 847.0137,
40 or transmission of material harmful to a minor under s.
41 847.0138.
42 (b) Upon written motion that a deposition is necessary to
43 assist at trial, that the evidence sought is not reasonably
44 available by any other means, and that the probative value of
45 the testimony outweighs the potential harm to the person to be
46 deposed, the court may authorize the taking of a deposition and
47 may order protections deemed necessary, including those provided
48 in this subsection.
49 (c) In ruling upon a motion filed under this subsection,
50 the court may consider:
51 1. The mental and physical age and maturity of the victim
52 or witness.
53 2. The nature and duration of the offense.
54 3. The relationship of the victim or witness to the
55 defendant.
56 4. The complexity of the issues involved.
57 5. Whether the victim or witness would suffer moderate
58 psychological harm as a consequence of being compelled to
59 testify at a deposition.
60 6. The functional capacity of the victim or witness if he
61 or she has an intellectual disability.
62 7. The willingness of the victim or witness to testify at
63 an examination, an interview, or a hearing.
64 8. Any other fact that the court deems relevant.
65 (d) A motion under this subsection may be filed by the
66 victim, the witness, or the victim’s or witness’s attorney,
67 parent, legal guardian, or guardian ad litem; the defendant or
68 the defendant’s counsel in a criminal proceeding; or the
69 prosecuting authority.
70 (e) The court shall make specific written findings of fact,
71 on the record, as to the basis for its ruling under this
72 subsection.
73 Section 2. This act shall take effect October 1, 2023.