Florida Statute 92.55 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS

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F.S. 92.55

92.55 Special protections in proceedings involving victim or witness under 18, person with intellectual disability, or sexual offense victim.—

(1) For purposes of this section, the term:

(a) “Sexual offense victim or witness” means a person who was under the age of 18 when he or she was the victim of or a witness to a sexual offense.

(b) “Sexual offense” means any offense specified in s. 775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I).

(2) Upon motion of any party, upon motion of a parent, guardian, attorney, guardian ad litem, or other advocate appointed by the court under s. 914.17 for a victim or witness under the age of 18, a person who has an intellectual disability, or a sexual offense victim or witness, or upon its own motion, the court may enter any order necessary to protect the victim or witness in any judicial proceeding or other official proceeding from severe emotional or mental harm due to the presence of the defendant if the victim or witness is required to testify in open court. Such orders must relate to the taking of testimony and include, but are not limited to:

(a) Interviewing or the taking of depositions as part of a civil or criminal proceeding.

(b) Examination and cross-examination for the purpose of qualifying as a witness or testifying in any proceeding.

(3) In ruling upon the motion, the court shall consider:

(a) The age of the child, the nature of the offense or act, the relationship of the child to the parties in the case or to the defendant in a criminal action, the degree of emotional trauma that will result to the child as a consequence of the defendant’s presence, and any other fact that the court deems relevant;

(b) The age of the person who has an intellectual disability, the functional capacity of such person, the nature of the offenses or act, the relationship of the person to the parties in the case or to the defendant in a criminal action, the degree of emotional trauma that will result to the person as a consequence of the defendant’s presence, and any other fact that the court deems relevant; or

(c) The age of the sexual offense victim or witness when the sexual offense occurred, the relationship of the sexual offense victim or witness to the parties in the case or to the defendant in a criminal action, the degree of emotional trauma that will result to the sexual offense victim or witness as a consequence of the defendant’s presence, and any other fact that the court deems relevant.

(4) In addition to such other relief provided by law, the court may enter orders limiting the number of times that a child, a person who has an intellectual disability, or a sexual offense victim or witness may be interviewed, prohibiting depositions of the victim or witness, requiring the submission of questions before the examination of the victim or witness, setting the place and conditions for interviewing the victim or witness or for conducting any other proceeding, or permitting or prohibiting the attendance of any person at any proceeding. The court shall enter any order necessary to protect the rights of all parties, including the defendant in any criminal action.

(5) The court may set any other conditions it finds just and appropriate when taking the testimony of a victim or witness under the age of 18, a person who has an intellectual disability, or a sexual offense victim or witness, including the use of a therapy animal or facility dog, in any proceeding involving a sexual offense or child abuse, abandonment, or neglect.

(a) When deciding whether to permit a victim or witness under the age of 18, a person who has an intellectual disability, or a sexual offense victim or witness to testify with the assistance of a therapy animal or facility dog, the court shall consider the age of the child victim or witness, the age of the sexual offense victim or witness at the time the sexual offense occurred, the interests of the child victim or witness or sexual offense victim or witness, the rights of the parties to the litigation, and any other relevant factor that would facilitate the testimony by the victim or witness under the age of 18, person who has an intellectual disability, or sexual offense victim or witness.

(b) For purposes of this subsection, the term:

1. “Facility dog” means a dog that has been trained, evaluated, and certified as a facility dog pursuant to industry standards and provides unobtrusive emotional support to children and adults in facility settings.

2. “Therapy animal” means an animal that has been trained, evaluated, and certified as a therapy animal pursuant to industry standards by an organization that certifies animals as appropriate to provide animal therapy.

(6)(a) In any criminal proceeding, before the defendant may take a discovery deposition of a victim of a sexual offense who is under the age of 16, the court must conduct a hearing to determine whether it is appropriate to take a deposition of the victim and, if so, whether to order any limitations or other specific conditions under which the victim’s deposition may be conducted.

(b) Except as provided in paragraph (c), in determining whether it is appropriate to take a deposition of a victim of a sexual offense who is under the age of 16, the court must consider:

1. The mental and physical age and maturity of the victim.

2. The nature and duration of the offense.

3. The relationship of the victim to the defendant.

4. The complexity of the issues involved.

5. Whether the evidence sought is reasonably available by other means, including whether the victim was the subject of a forensic interview related to the sexual offense.

6. Any other factors the court deems relevant to ensure the protection of the victim and the integrity of the judicial process.

(c) If the victim of a sexual offense is under the age of 12, there is a presumption that the taking of the victim’s deposition is not appropriate if:

1. The state has not filed a notice of intent to seek the death penalty; and

2. A forensic interview of the sexual offense victim is available to the defendant.

(d) If the court determines the taking of the victim’s deposition is appropriate, in addition to any other condition required by law, the court may order limitations or other specific conditions including, but not limited to:

1. Requiring the defendant to submit questions to the court before the victim’s deposition.

2. Setting the appropriate place and conditions under which the victim’s deposition may be conducted.

3. Permitting or prohibiting the attendance of any person at the victim’s deposition.

4. Limiting the duration of the victim’s deposition.

5. Any other condition the court finds just and appropriate.

(e) The court must enter a written order finding whether the taking of the deposition of the victim is appropriate. If the court finds that the taking of the deposition of the victim is appropriate, the order must include any limitations or other specific conditions under which the victim’s deposition must be conducted.

History.—s. 7, ch. 85-53; s. 3, ch. 93-131; s. 23, ch. 94-154; s. 8, ch. 2000-336; s. 3, ch. 2011-220; s. 6, ch. 2013-162; s. 1, ch. 2014-4; s. 64, ch. 2016-24; s. 9, ch. 2016-104; s. 3, ch. 2016-199; s. 1, ch. 2017-13; s. 1, ch. 2023-148; s. 11, ch. 2024-71.

F.S. 92.55 on Google Scholar

F.S. 92.55 on Casetext

Amendments to 92.55

Arrestable Offenses / Crimes under Fla. Stat. 92.55

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 92.55.

Annotations, Discussions, Cases:

Cases Citing Statute 92.55

Total Results: 20

M.L.K. III, Father of M.L.K. and M.C.K., Minor Children v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2024-12-04

Snippet: December 4, 2024 PER CURIAM. AFFIRMED. See § 92.55(2), Fla. Stat. (allowing a court, when testimony

In Re: Amendments to the Florida Rules of Juvenile Procedure

Court: Supreme Court of Florida | Date Filed: 2023-04-06

Snippet: throughout both rules to align them with section 92.55(2), Florida Statutes (2022), and to provide greater

M.S. v. GUARDIAN AD LITEM PROGRAM

Court: District Court of Appeal of Florida | Date Filed: 2022-08-17

Snippet: 4 (16th ed. 2020). To that end, section 92.55(4), Florida Statutes (2022), applicable to victims

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: court explained for the first time that section 92.55, Florida Statutes (2013), allowed it “on [its] own

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: children are to be protected. In fact, section 92.55, Florida Statutes (2010), entitled "Judicial or

J.B. v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-09-11

Citation: 717 So. 2d 144, 1998 Fla. App. LEXIS 11551, 1998 WL 601336

Snippet: PER CURIAM. AFFIRMED. See § 92.55(2)(b)(4), Fla. Stat.; State v. Ford, 626 So.2d 1338 (Fla.1993). COBB

Ago

Court: Florida Attorney General Reports | Date Filed: 1996-08-07

Snippet: contract only in such jurisdictions." 4 See, s. 7, Ch. 92-55, Laws of Florida, which added the second sentence

Cepcot Corp. v. DEPARTMENT OF BUSINESS

Court: District Court of Appeal of Florida | Date Filed: 1995-07-12

Citation: 658 So. 2d 1092

Snippet: subsequent paragraphs of this subsection." Ch. 92-55, § 1, at 437, Laws of Fla. Effective July 1, 1992

Gilbreath v. State

Court: Supreme Court of Florida | Date Filed: 1995-02-02

Citation: 650 So. 2d 10, 1995 WL 37647

Snippet: speech or due process. Gilbreath v. State, No. 92-55 (Fla. 10th Cir. Ct. September 8, 1993). The district

In Re Amendments to Fla. Rules of Juv. Pro.

Court: Supreme Court of Florida | Date Filed: 1995-01-26

Citation: 649 So. 2d 1370, 1995 WL 27510

Snippet: (6) rule 8.245 (discovery), to conform to section 92.55, Florida Statutes (1991); (7) form 8.947, to conform

State v. Ford

Court: Supreme Court of Florida | Date Filed: 1993-11-10

Citation: 626 So. 2d 1338, 1993 WL 458748

Snippet: 1989, the prosecutor moved, pursuant to section 92.55, Florida Statutes (1987), that Tamara's testimony

Ago

Court: Florida Attorney General Reports | Date Filed: 1993-03-10

Snippet: assist in the enforcement of the act. And see, AGO 92-55 in which this office concluded that an ordinance

Dabbs v. City of Tampa

Court: District Court of Appeal of Florida | Date Filed: 1993-02-19

Citation: 613 So. 2d 1378, 1993 Fla. App. LEXIS 2028, 1993 WL 40392

Snippet: PER CURIAM. The appellant, a former Tampa police officer, sought a line-of-duty disability pension pursuant to the pension contract between the appellant and the City of Tampa executed in 1967 and thereafter modified in 1969 by a second agreement titled “City of Tampa Firefighters and Police Officers Pension Contract” (the contract). The appellee Firefighters and Police Officers Pension Board of the City of Tampa (the Board) denied the appellant’s application and the appellant requested a full hearing

In re Amendments to the Florida Rules of Juvenile Procedure

Court: Supreme Court of Florida | Date Filed: 1992-11-05

Citation: 608 So. 2d 478, 17 Fla. L. Weekly Supp. 709, 1992 Fla. LEXIS 1869, 1992 WL 319938

Snippet: Adoption. Addition of this rule is mandated by section 92.55, Florida Statutes (1989). RULE 8.120. POST-DISPOSITION

Hernandez v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-04-21

Citation: 597 So. 2d 408, 1992 WL 79298

Snippet: 54, and .55, Florida Statutes (1991). In section 92.55, the legislature requested that the supreme court

Singletary v. Hardemon

Court: District Court of Appeal of Florida | Date Filed: 1992-03-17

Citation: 595 So. 2d 277, 1992 Fla. App. LEXIS 3302, 1992 WL 48837

Snippet: PER CURIAM. By this Petition for Certiorari we are called upon to review the propriety of an ex parte order entered December 11, 1991, providing for a Human Leukocyte Antigen (HLA) test in a paternity action which was concluded by a final, order on April 23, 1987. During the proceedings in the trial court, the respondent had been offered two opportunities to secure such a test, but declined such. We therefore find that the order of December 11, 1992, ordering such a test, departs from the essential

Ford v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-12-11

Citation: 592 So. 2d 271, 1991 WL 262909

Snippet: 1989, the prosecutor moved, pursuant to section 92.55, Florida Statutes (1987), that Tamara's testimony

Disinger v. State

Court: District Court of Appeal of Florida | Date Filed: 1990-11-01

Citation: 569 So. 2d 824, 1990 Fla. App. LEXIS 8364, 1990 WL 165350

Snippet: a victim or witness under sixteen, and section 92.55 allows the court to enter any order necessary to

State v. Diamond

Court: District Court of Appeal of Florida | Date Filed: 1989-12-28

Citation: 553 So. 2d 1185, 1988 WL 86349

Snippet: offenses against victims under the age of 16. Section 92.55 Judicial or other proceedings involving child

Clark v. City of Lakeland

Court: District Court of Appeal of Florida | Date Filed: 1987-02-13

Citation: 502 So. 2d 498, 1987 Fla. App. LEXIS 6725, 12 Fla. L. Weekly 531

Snippet: the loss of equipment and materials valued at $92,055. The jury rendered a verdict for appellants, but