Florida Statute 92.54 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS

View Entire Chapter

F.S. 92.54

92.54 Use of closed-circuit television and audio-video communication technology in proceedings involving a victim or witness under the age of 18 or who has an intellectual disability.—

(1) Upon motion and hearing in camera and upon a finding that there is a substantial likelihood that a victim or witness under the age of 18 or who has an intellectual disability will 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 that the testimony of the victim or witness be taken outside of the courtroom and shown by means of closed-circuit television or through audio-video communication technology.

(2) The motion may be filed by the victim or witness; the attorney, parent, legal guardian, or guardian ad litem of the victim or witness; the prosecutor; the defendant or the defendant’s counsel; or the trial judge on his or her own motion.

(3) Only the judge, the prosecutor, the defendant, the attorney for the defendant, the operators of the videotape equipment, an interpreter, and some other person who, in the opinion of the court, contributes to the well-being of the child or the person who has an intellectual disability and who will not be a witness in the case may be in the room during the recording of the testimony.

(4) During the victim’s or witness’s testimony by closed-circuit television or through audio-video communication technology, the court may require the defendant to view the testimony from the courtroom. In such a case, the court shall permit the defendant to observe and hear the testimony of the victim or witness, but must ensure that the victim or witness cannot hear or see the defendant. The defendant’s right to assistance of counsel, which includes the right to immediate and direct communication with counsel conducting cross-examination, must be protected and, upon the defendant’s request, such communication must be provided by any appropriate electronic method.

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

History.—s. 6, ch. 85-53; s. 12, ch. 87-224; s. 2, ch. 93-131; s. 22, ch. 94-154; s. 1380, ch. 95-147; s. 5, ch. 2013-162; s. 2, ch. 2016-199; s. 8, ch. 2023-302.

F.S. 92.54 on Google Scholar

F.S. 92.54 on Casetext

Amendments to 92.54

Arrestable Offenses / Crimes under Fla. Stat. 92.54

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 92.54.

Annotations, Discussions, Cases:

Cases Citing Statute 92.54

Total Results: 20

RON ORLANDO FIGUEROA v. THE STATE OF FLORIDA

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

Snippet: abusing his minor stepdaughter. Pursuant to section 92.54, Florida Statutes (2022), Appellee, the State, moved

Ronald Lee Coleman v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2020-09-14

Snippet: part, a confrontation clause issue under section 92.54, Florida Statutes, which provides that a trial court

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: closed-circuit television system pursuant to section 92.54, Florida Statutes. The State began by explaining

Orlando Sanchez v. City of West Palm Beach

Court: District Court of Appeal of Florida | Date Filed: 2014-09-03

Citation: 149 So. 3d 92, 2014 Fla. App. LEXIS 13668, 2014 WL 4328192

Snippet: 934 So.2d at 1165; see also Ch. 92-54, §§ 1, 3, *97 Laws of Fla. Consistent

Farmer v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-12-11

Citation: 128 So. 3d 248, 2013 WL 6478857, 2013 Fla. App. LEXIS 19644

Snippet: closed circuit television as permitted by section 92.54, Florida Statutes (2008). Testimony from other witnesses

Overholt v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-04-03

Citation: 110 So. 3d 530, 2013 WL 1316343, 2013 Fla. App. LEXIS 5346

Snippet: court should have followed the procedure of section 92.54, Florida Statutes (2012), and used a closed circuit

Oliver v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-02-27

Citation: 125 So. 3d 244, 2013 WL 692434, 2013 Fla. App. LEXIS 3192

Snippet: of twelve. The State moved, pursuant to section 92.54, Florida Statutes (2010), to place a projector screen

McLaughlin v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-02-15

Citation: 79 So. 3d 226, 2012 WL 469830, 2012 Fla. App. LEXIS 2275

Snippet: started, the State made a motion pursuant to section 92.54, Florida Statutes (2010)2, to place a screen between

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

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: may testify by closed circuit television. See § 92.54, Fla. Stat. (2009). Nevertheless, these exceptions

State v. Villarreal

Court: District Court of Appeal of Florida | Date Filed: 2008-09-10

Citation: 990 So. 2d 1166, 2008 WL 4146669

Snippet: States. In addition, the State, citing to section 92.54, Florida Statutes (2007), argued that the defendant's

Cann v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-06-13

Citation: 958 So. 2d 545, 2007 WL 1687573

Snippet: observe her demeanor over the television. Section 92.54, Florida Statutes, authorizes the court to allow

Elwell v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-04-25

Citation: 954 So. 2d 104, 2007 WL 1201597

Snippet: sufficiency of the factual findings under section 92.54, Florida Statutes (1989) (the statute allowing a

Velez v. MIAMI-DADE COUNTY POLICE DEPT.

Court: Supreme Court of Florida | Date Filed: 2006-06-22

Citation: 934 So. 2d 1162, 31 Fla. L. Weekly Supp. 641, 2006 Fla. LEXIS 1341, 2006 WL 1699468

Snippet: be notified of the right to the hearing. See ch. 92-54, §§ 1, 3, Laws of Fla. As amended, the Forfeiture

Chuck v. City of Homestead Police Dept.

Court: District Court of Appeal of Florida | Date Filed: 2004-12-15

Citation: 888 So. 2d 736

Snippet: Enforcement when it enacted Florida Session Laws chapter 92-54 (codified at Fla. Stat. §§ 932.701-932.707 (Supp

Ago

Court: Florida Attorney General Reports | Date Filed: 2004-04-30

Snippet: what is now s. 932.7055, Fla. Stat., by s. 5, Ch. 92-54, Laws of Fla. 2 Section 274.01(3) defines "[p]roperty"

DeGregorio v. Balkwill

Court: Supreme Court of Florida | Date Filed: 2003-08-21

Citation: 853 So. 2d 371, 2003 WL 21981972

Snippet: proceed against the contraband article." See ch. 92-54, § 1, Laws of Fla. The Legislature also amended

Ago

Court: Florida Attorney General Reports | Date Filed: 2003-04-30

Snippet: to section 932.705, Fla. Stat. [see, s. 5, Ch. 92-54, Laws of Fla., creating s. 932.705]. The provisions

Hughes v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-04-04

Citation: 819 So. 2d 815, 2002 Fla. App. LEXIS 4436, 2002 WL 500268

Snippet: insufficient to satisfy the requirements of section 92.54, Florida Statutes (1997)(permitting the use of closed

State v. Tarrago

Court: District Court of Appeal of Florida | Date Filed: 2001-10-31

Citation: 800 So. 2d 300, 2001 WL 1335251

Snippet: does not fall within the parameters of section 92.54(1), Florida Statutes (2000). That section provides: