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.
(c) The use of testimony taken outside of the courtroom, including proceedings under ss. 92.53 and 92.54.
(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.
Cited 14 times | Published | Supreme Court of Florida | 1993 WL 458748
...On May 12, 1989, the defense conducted a brief deposition of Tamara in which she stated that Ford shot Sybil, but the deposition quickly concluded after Tamara began saying repeatedly that she did not remember what had happened. On September 29, 1989, the prosecutor moved, pursuant to section 92.55, Florida Statutes (1987), that Tamara's testimony be videotaped for trial....
...rt to admit the videotape of the child witness's testimony because the Legislature had restricted the procedures under those sections to cases involving child abuse and sexual abuse victims or witnesses. Id. at 275. The district court also held that section 92.55, Florida Statutes (1989), did not authorize the introduction of the child witness's videotaped testimony because the statute was nonoperative in that the Legislature did not establish procedures to present the videotaped testimony of a child who is a witness or victim in a criminal, civil, or juvenile proceeding. Id. In addition, the district court held that even if section 92.55 authorized the videotaping of a child witness's testimony in a homicide case, the procedures used in the instant case violated the defendant's right to confrontation under Maryland v....
...court. We agree with the district court that sections 92.53 and 92.54 do not apply to the instant case because the Legislature has limited the procedures under those statutes to cases involving child abuse or sexual abuse. Further, we recognize that section 92.55 was nonoperative because there was no enabling action or Court rule that put the statute into effect....
Cited 4 times | Published | Florida 2nd District Court of Appeal | 2015 WL 968556
...The Father further argued that the court’s consideration of the video was in direct violation of his constitutional rights. After a brief recess, the court denied the motion and placed its reasoning on the record. In that reasoning, the trial court explained for the first time that section 92.55, Florida Statutes (2013), allowed it “on [its] own motion” to order video testimony of a victim under the age of sixteen....
...However, the trial court’s reliance on these cases was misguided, and we are forced to reverse on three bases. 1 First, the trial court erroneously received and relied on the videotaped interview of A.B. in granting the injunction. *549 We recognize that pursuant to sections 92.53 and 92.55, the trial court was permitted to order on its own motion the video testimony of A.B....
Cited 4 times | Published | Florida 3rd District Court of Appeal | 1992 WL 79298
...State, 536 So.2d 212 (Fla. 1988), cert. denied, 492 U.S. 907, 109 S.Ct. 3219, 106 L.Ed.2d 569 (1989). [4] We note that the legislature recognized these important policy interests in enacting sections 92.53, .54, and .55, Florida Statutes (1991). In section 92.55, the legislature requested that the supreme court adopt procedures to protect child witnesses in pretrial as well as trial proceedings. See Chap. 85-53, Laws of Fla., preamble. The enactment of section 92.55 serves to support the trial court's decision....
Cited 2 times | Published | Florida 2nd District Court of Appeal | 1991 WL 262909
...On May 12, 1989, the defense conducted a brief deposition of Tamara in which she stated that Ford shot Sybil, but the deposition quickly concluded after Tamara began saying repeatedly that she did not remember what had happened. On September 29, 1989, the prosecutor moved, pursuant to section 92.55, Florida Statutes (1987), that Tamara's testimony be videotaped for trial....
...ss to a homicide by videotape, contravening the accused's right to confrontation. The introduction of Tamara's videotaped testimony was not authorized and was, therefore, improper. As opposed to sections 92.53 and 92.54, where the legislature acted, section 92.55 is a nonoperative statute as the legislature did not act....
...The court shall make specific findings of fact on the record as to the basis for its ruling under this rule. (f) Time for Motion. The motion referred to in subdivision (a) may be made at any time with reasonable notice to each party. Committee Notes 1992 Adoption. Addition of this rule is mandated by section 92.55, Florida Statutes (1989)....
Cited 1 times | Published | Supreme Court of Florida | 1995 WL 27510
...1992); (4) rule 8.104 (testimony by closed-circuit television), to conform to 1993 revisions to section 92.54, Florida Statutes; (5) rule 8.120 (post-disposition hearing), to conform to section 960.001(1)(d), Florida Statutes (Supp. 1992); (6) rule 8.245 (discovery), to conform to section 92.55, Florida Statutes (1991); (7) form 8.947, to conform to section 960.20, Florida Statutes (Supp....
...The court shall make specific findings of fact on the record as to the basis for its ruling under this rule. (f) Time for Motion. The motion referred to in subdivision (a) may be made at any time with reasonable notice to each party. Committee Notes 1992 Adoption. Addition of this rule is mandated by section 92.55, Florida Statutes (1989)....
Cited 1 times | Published | Florida 1st District Court of Appeal | 1988 WL 86349
...nterviews. Section 92.53 Sexual abuse or child abuse case; videotaping of testimony of victim or witness under age 16. Section 92.54 Use of closed circuit television in proceedings involving sexual offenses against victims under the age of 16. Section 92.55 Judicial or other proceedings involving child victim or witness under the age of 16; special protections....
...CRIMINAL
PROCEDURE 3.220.
September 4, 2025
PER CURIAM.
The Court on its own motion is considering amendments to
Florida Rule of Criminal Procedure 3.220 (Discovery) in light of
recent changes to section 92.55, Florida Statutes (2022), that went
into effect on July 1, 2023. See ch. 2023-148, §§ 1, 3, Laws of Fla. 1
Chapter 2023-148, Laws of Florida, added new subsection (6) to
section 92.55, which prescribes limitations on the taking of
discovery depositions of a victim of a sexual offense who is under
the age of 16....
...Admin. 2.140(d).
After considering the comments, we hereby amend rule 3.220
as follows. First, new subdivision (h)(9) provides for motioning the
court to limit interviewing or conducting depositions in the presence
of the defendant as noted in section 92.55(2). New subdivision
(h)(10) provides for a hearing to determine whether a deposition of a
victim of a sexual offense who is under the age of 16 should be
conducted as discussed in section 92.55(6)(a) and (b). New
subdivision (h)(11) provides for a hearing to determine if the
presumption against the taking of a deposition of a victim of a
sexual offense who is under the age of 12 is overcome as addressed
in section 92.55(6)(c). New subdivision (h)(12) lists limitations or
specific conditions a court may order as contemplated by section
92.55(6)(d). Finally, new subdivision (h)(13) requires a written order
finding whether the deposition requested under subdivision (h)(10)
or (h)(11) is authorized and specifying any limitations or conditions
as noted in section 92.55(6)(e).
Additionally, the Court will request that The Florida Bar’s
Juvenile Court Rules Committee consider whether changes
consistent with these amendments should be made to Florida Rule
of Juvenile Procedure 8.060(d)....
...ear the testimony of the child in person, but that the child cannot hear or see the defendant.” Section 92.54, Florida Statutes (1985), provides for the use of closed circuit television to obtain testimony of a victim or witness under sixteen, and section 92.55 allows the court to enter any order necessary to protect the rights of all parties or the defendant in any criminal action....
...See Hickey, 33 So.3d at 829 (citing to Nowak, 546 So.2d at 123). Because of the delicate nature of the *689 in-camera interview of minor children, the trial court has discretion to determine how the best interests of the children are to be protected. In fact, section 92.55, Florida Statutes (2010), entitled "Judicial or other proceedings involving victim or witness under the age of 16 or person with mental retardation; special protections," states, in pertinent part, the following: (1) Upon motion of any...
...defendant's presence, and any other fact that the court deems relevant; or (b) The age of the person with mental retardation, the functional capacity of the person with mental retardation, the nature of the offenses or act, the relationship .... See § 92.55, Fla....
...and
M.C.K., minor children,
Appellant,
v.
DEPARTMENT OF CHILDREN AND
FAMILIES,
Appellee.
_____________________________
On appeal from the Circuit Court for Leon County.
Anthony B. Miller, Judge.
December 4, 2024
PER CURIAM.
AFFIRMED. See § 92.55(2), Fla....
...“enter any order necessary to protect the victim or witness in any
judicial proceeding . . . from severe emotional harm or mental
harm due to the presence of the defendant”); see also M.S. v. Dep’t
of Child. & Fams., 346 So. 3d 678, 682 (Fla. 3d DCA 2022)
(applying § 92.55, Fla....
...permit the court to regulate the number of times a child
testifies by limiting depositions and permitting the perpetuation of testimony.”
Troy M. Farquhar, Adjudicatory Hearing in Dependency Cases, in Fla. Juv.
L. & Prac. § 14.4 (16th ed. 2020).
To that end, section 92.55(4), Florida Statutes (2022), applicable to
victims or witnesses under the age of eighteen and sexual offense victims
and witnesses, among others, provides, in relevant part: “In addition to such
other relief provided by law, the co...
...with
broad discretion to consider any relevant factors in limiting the number of
times a child is interviewed and imposing any other such limitations as may
be appropriate. S.B. v. Dep’t of Child. & Fams., 851 So. 2d 689, 693 (Fla.
2003); see § 92.55(4), Fla....
...Under the new
subdivision, unsworn, telephonic statements of any witness may be
taken upon stipulation of the parties and the consent of the
witness.
In rules 8.104 and 8.245, “16” is replaced with “18”
throughout both rules to align them with section 92.55(2), Florida
Statutes (2022), and to provide greater protections for children until
adulthood.
Furthermore, in rules 8.245(i)(3)(C) and 8.255(d)(2)(C)(iii), the
phrase “or the relationship of the child to the parties in the case” is
added for clarity and to maintain consistency with section 92.55(3),
Florida Statutes (2022).
Accordingly, the Florida Rules of Juvenile Procedure are
amended as set forth in the appendix to this opinion....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
