Florida/Georgia Personal Injury & Workers Compensation

...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....

...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....

...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....

...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....

...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)....

...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)....

...was a minor and referred to her as her “little sister.” She stated that she would have significant difficulty testifying and maintaining emotional control if K.C. remained present in the courtroom. She further stated that she did not want K.C. to hear the details of the sexual acts. After examining sections 92.55 and 918.16, Florida Statutes (2023), along with Florida’s constitutional and statutory protections for crime victims, the trial court did not institute a total closure....

...Moreover, the lower court must render case-specific findings to enable meaningful appellate review. Presley, 558 U.S. at 215. C Here, the trial court examined two statutory provisions before excluding K.C. from the courtroom. The first, section 92.55, Florida Statutes, bears the title “[s]pecial protections in proceedings involving victim or witness under 18, person with intellectual disability, or sexual offense victim.” The statute grants trial courts broad discretion to protect sexual offense victims or minor witnesses 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.” Id. §92.55(2), Fla. Stat. Trial courts are authorized to enter orders “permitting 9 or prohibiting the attendance of any person at any proceeding,” id. § 92.55(4), or to set any other conditions ....

...just and appropriate when taking the testimony of a victim or witness under the age of 18 . . . 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. Id. § 92.55(5). The second, section 918.16(2), mandates a partial courtroom closure upon a testifying sex-offense victim’s request, while permitting immediate family members of the parties, court personnel, jurors, and media to remain. Id....

...3d DCA 2020) (noting the holdings in United States v. Addison, 708 F.3d 1181, 1187 (10th Cir. 2013); Judd v. Haley, 250 F.3d 1308, 1315 (11th Cir. 2001); U.S v. DeLuca, 137 F.3d 24, 34 (1st Cir. 1998); and Douglas v. Wainwright, 739 F.2d 531, 532 (11th Cir. 1984). And whether section 92.55, like 918.16(2), “acceptably embraces the requirements set forth in Waller” in every case has yet to be tested. Kovaleski, 103 So....

...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....

...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)....

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

...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....