Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for HB 667
       
       
       
       
       
       
                                Ì463652+Î463652                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .            Floor: C            
             05/01/2023 02:58 PM       .      05/04/2023 10:43 AM       
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       Senator Burgess moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 12
    4  insert:
    5         Section 1. Subsection (6) is added to section 92.55,
    6  Florida Statutes, to read:
    7         92.55 Judicial or other proceedings involving victim or
    8  witness under the age of 18, a person who has an intellectual
    9  disability, or a sexual offense victim or witness; special
   10  protections; use of therapy animals or facility dogs.—
   11         (6)(a) Absent a showing of good cause, the defendant in a
   12  criminal action, or his or her representative, may not take the
   13  deposition of:
   14         1. A victim in a sexual offense case who is under the age
   15  of 18.
   16         2. Any victim who has an intellectual disability.
   17         (b) Upon written motion by a defendant in a criminal
   18  action, or by his or her representative, that a deposition is
   19  necessary to assist at a criminal trial, that the evidence
   20  sought is not reasonably available by any other means, and that
   21  the probative value of the testimony outweighs any potential
   22  harm to the person to be deposed, the court may authorize the
   23  taking of a deposition and may order any protections deemed
   24  necessary, including those provided in this section.
   25         (c) In ruling upon a motion filed under paragraph (b), the
   26  court may consider:
   27         1. The mental and physical age and maturity of the victim.
   28         2. The nature and duration of the offense.
   29         3. The relationship of the victim to the defendant.
   30         4. The complexity of the issues involved.
   31         5. Whether the victim would suffer moderate psychological
   32  harm as a consequence of being compelled to testify at a
   33  deposition.
   34         6. The functional capacity of the victim if he or she has
   35  an intellectual disability.
   36         7. The willingness of the victim to be deposed.
   37         8. Any other fact that the court deems relevant.
   38         (d) The court shall make specific written findings of fact,
   39  on the record, as to the basis for its ruling under this
   40  subsection.
   41  
   42  ================= T I T L E  A M E N D M E N T ================
   43  And the title is amended as follows:
   44         Delete lines 2 - 3
   45  and insert:
   46         An act relating to victims of crime; amending s.
   47         92.55, F.S.; prohibiting the deposition of specified
   48         victims in a criminal action, absent a showing of good
   49         cause; providing for factors to be considered
   50         concerning such motions; requiring written findings on
   51         such motions; amending s. 960.001, F.S.;