Florida Statute 92.53 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS

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F.S. 92.53

92.53 Videotaping the testimony of a victim or witness under age 18 or who has an intellectual disability.—

(1) On motion and hearing in camera and a finding that there is a substantial likelihood that a victim or witness who is under the age of 18 or who has an intellectual disability as defined in s. 393.063 would suffer at least moderate emotional or mental harm due to the presence of the defendant if such victim or witness is required to testify in open court, or is unavailable as defined in s. 90.804(1), the trial court may order the videotaping of the testimony of the victim or witness in a case, whether civil or criminal in nature, in which videotaped testimony is to be used at trial in lieu of trial testimony in open court.

(2) The motion may be filed by:

(a) The victim or witness, or the victim’s or witness’s attorney, parent, legal guardian, or guardian ad litem;

(b) A trial judge on his or her own motion;

(d) The prosecuting attorney or the defendant, or the defendant’s counsel.

(3) The judge shall preside, or shall appoint a special master to preside, at the videotaping unless:

(a) The child or the person who has the intellectual disability is represented by a guardian ad litem or counsel;

(b) The representative of the victim or witness and the counsel for each party stipulate that the requirement for the presence of the judge or special master may be waived; and

(c) The court finds at a hearing on the motion that the presence of a judge or special master is not necessary to protect the victim or witness.

(4) The defendant and the defendant’s counsel must be present at the videotaping unless the defendant has waived this right. The court may require the defendant to view the testimony from outside the presence of the child or the person who has an intellectual disability by means of a two-way mirror or another similar method that ensures that the defendant can observe and hear the testimony of the victim or witness in person, but the victim or witness cannot hear or see the defendant. The defendant and the attorney for the defendant may communicate by any appropriate private method.

(5) Any party, or the court on its own motion, may request the aid of an interpreter, as provided in s. 90.606, to aid the parties in formulating methods of questioning the child or person who has the intellectual disability and in interpreting the answers of the child or person during proceedings conducted under this section.

(6) The motion referred to in subsection (1) may be made at any time with reasonable notice to each party to the cause, and videotaping of testimony may be made any time after the court grants the motion. The videotaped testimony is admissible as evidence in the trial of the cause; however, such testimony is not admissible in any trial or proceeding in which such witness testifies by use of closed-circuit television pursuant to s. 92.54.

(7) The court shall make specific findings of fact, on the record, as to the basis for its ruling under this section.

History.—ss. 1, 2, ch. 79-69; s. 1, ch. 84-36; ss. 5, 9, ch. 85-53; s. 9, ch. 85-80; s. 1, ch. 93-131; s. 21, ch. 94-154; s. 1379, ch. 95-147; s. 30, ch. 99-2; s. 4, ch. 2000-338; s. 89, ch. 2004-267; s. 4, ch. 2013-162; s. 1, ch. 2016-199.

Note.—Former ss. 918.17, 90.90.

F.S. 92.53 on Google Scholar

F.S. 92.53 on Casetext

Amendments to 92.53

Arrestable Offenses / Crimes under Fla. Stat. 92.53

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 92.53.

Annotations, Discussions, Cases:

Cases Citing Statute 92.53

Total Results: 20

RON ORLANDO FIGUEROA v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-10-18

Snippet: assertions.” Id. 4 Feller involved section 92.53, which concerns videotaped testimony as opposed

Jonathan A. Knight v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-09-07

Citation: 254 So. 3d 642

Snippet: 1998). Consistent with that interest, sections 92.53 and 92.54, Florida Statutes, allow children to testify

In Re: Amendments to the Florida Rules of Criminal Procedure – Corrected Opinion

Court: Supreme Court of Florida | Date Filed: 2016-12-15

Snippet: 2016-199, § 1, Laws of Fla. (amending section 92.53, Fla. Stat. (2015)). The Committee also proposes

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

Court: Supreme Court of Florida | Date Filed: 2016-09-15

Citation: 200 So. 3d 758, 41 Fla. L. Weekly Supp. 381, 2016 Fla. LEXIS 2036, 2016 WL 4916758

Snippet: ch.2016-199, § 1, Laws of Fla. (amending section 92.53, Fla. Stat. (2015)). The Committee also proposes

In the Interest of A.B. v. R.B.

Court: District Court of Appeal of Florida | Date Filed: 2015-03-06

Citation: 186 So. 3d 544, 2015 WL 968556

Snippet: injunction. *549We recognize that pursuant to sections 92.53 and 92.55, the trial court was permitted to order

Monteiro v. Monteiro

Court: District Court of Appeal of Florida | Date Filed: 2011-03-02

Citation: 55 So. 3d 686, 2011 Fla. App. LEXIS 2679, 2011 WL 711055

Snippet: the courtroom, including proceedings under ss. 92.53 and 92.54. (2) In ruling upon the motion, the court

Rogers v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-07-23

Citation: 40 So. 3d 888, 2010 Fla. App. LEXIS 10686, 2010 WL 2866989

Snippet: Ct. 3219, 106 L.Ed.2d 569 (Fla.1989); see also § 92.53, Fla. Stat. (2009). Likewise, Florida has provided

Blanton v. State

Court: Supreme Court of Florida | Date Filed: 2008-03-13

Citation: 978 So. 2d 149, 2008 WL 657832

Snippet: confrontation in a rule 3.190(j) deposition. Section 92.53, Florida Statutes (2006), details just how the defendant's

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Court: Florida Attorney General Reports | Date Filed: 2007-11-02

Snippet: s.286.011). 11 See, e.g., Ops. Att'y Gen. Fla. 92-53 (1992) (direct-support organization created for

Orlinsky v. Patraka

Court: District Court of Appeal of Florida | Date Filed: 2007-07-05

Citation: 971 So. 2d 796, 2007 WL 1931289

Snippet: corporate waste. Rogers v. Hill, 289 U.S. 582, 591-92, 53 S.Ct. 731, 735, 77 L.Ed. 1385 (1933). Corporate

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Court: Florida Attorney General Reports | Date Filed: 2005-04-20

Snippet: attorney. Subsequently, in Attorney General Opinion 92-53 this office advised that the John and Mable Ringling

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Court: Florida Attorney General Reports | Date Filed: 2004-06-25

Snippet: (Fla. 1985). 8 See, e.g., Ops. Att'y Gen. Fla. 92-53 (1992) (direct support organization created for

Ago

Court: Florida Attorney General Reports | Date Filed: 2002-08-09

Snippet: 011(2), Fla. Stat. 4 See, e.g., Ops. Att'y Gen. Fla. 92-53 (1992) (direct-support organization created for

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Court: Florida Attorney General Reports | Date Filed: 2000-02-09

Snippet: substantial financial contribution to its operation); 92-53 (1992) (Sunshine Law applies to a direct-support

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Court: Florida Attorney General Reports | Date Filed: 2000-01-13

Snippet: 011(1), Fla. Stat. 3 See, e.g., Ops. Att'y Gen. Fla. 92-53 (1992) (direct-support organization created for

Doe v. Broward County School Bd.

Court: District Court of Appeal of Florida | Date Filed: 1999-09-22

Citation: 744 So. 2d 1068, 1999 WL 743613

Snippet: "testify"via her videotaped deposition. Section 92.53, Florida Statutes (1997)(Videotaping of testimony

Ritchie v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-09-28

Citation: 720 So. 2d 261, 1998 Fla. App. LEXIS 12305, 1998 WL 658289

Snippet: in the presence of appellant. We agree. Section 92.53(1), Florida Statutes (1997), allows the use of videotaped

Snippet: the state had not met its burden under section 92.53, Florida Statutes. Following the second hearing

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