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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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An act relating to victims of crime; amending s. 2
92.55, F.S.; requiring a court to conduct a hearing to 3
determine whether the taking of a deposition of a 4
victim of a sexual offense who is under the age of 16 5
is appropriate; creating a presumption that a 6
deposition of a victim of a sexual offense who is 7
under the age of 12 is not appropriate in specified 8
circumstances; providing factors a court may consider 9
in determining whether any limitations or other 10
specific conditions on the taking of a deposition are 11
appropriate; requiring the court to enter a written 12
order including specified information; amending s. 13
960.001, F.S.; requiring a victim to be notified th at 14
he or she has the right to be informed of specified 15
information when contacted by certain persons acting 16
on behalf of a defendant in a criminal proceeding; 17
providing an effective date. 18
19
Be It Enacted by the Legislature of the State of Florida: 20
21
Section 1. Subsection (6) is added to section 92.55, 22
Florida Statutes, to read: 23
92.55 Judicial or other proceedings involving victim or 24
witness under the age of 18, a person who has an intellectual 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
disability, or a sexual offense victim or witness; speci al 26
protections; use of therapy animals or facility dogs. — 27
(6)(a) In any criminal proceeding, before the defendant 28
may take a discovery deposition of a victim of a sexual offense 29
who is under the age of 16, the court must conduct a hearing to 30
determine whether it is appropriate to take a deposition of the 31
victim and, if so, whether to order any limitations or other 32
specific conditions under which the victim's deposition may be 33
conducted. 34
(b) Except as provided in paragraph (c), in determining 35
whether it is appropriate to take a deposition of a victim of a 36
sexual offense who is under the age of 16, the court must 37
consider: 38
1. The mental and physical age and maturity of the victim. 39
2. The nature and duration of the offense. 40
3. The relationship of the victim to the defendant. 41
4. The complexity of the issues involved. 42
5. Whether the evidence sought is reasonably available by 43
other means, including whether the victim was the subject of a 44
forensic interview related to the sexual offense. 45
6. Any other factors the court deems relevant to ensure 46
the protection of the victim and the integrity of the judicial 47
process. 48
(c) If the victim of a sexual offense is under the age of 49
12, there is a presumption that the taking of the victim's 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
deposition is not ap propriate if: 51
1. The state has not filed a notice of intent to seek the 52
death penalty; and 53
2. A forensic interview of the sexual offense victim is 54
available to the defendant. 55
(d) If the court determines the taking of the victim's 56
deposition is appropriate, in addition to any other condition 57
required by law, the court may order limitations or other 58
specific conditions including, but not limited to: 59
1. Requiring the defendant to submit questions to the 60
court before the victim's dep osition. 61
2. Setting the appropriate place and conditions under 62
which the victim's deposition may be conducted. 63
3. Permitting or prohibiting the attendance of any person 64
at the victim's deposition. 65
4. Limiting the duration of the victim's deposition. 66
5. Any other condition the court finds just and 67
appropriate. 68
(e) The court must enter a written order finding whether 69
the taking of the deposition of the victim is appropriate. If 70
the court finds that the taking of the deposition of the victim 71
is appropriate, the order must include any limitations or other 72
specific conditions under which the victim's deposition must be 73
conducted. 74
Section 2. Paragraph (v) is added to subsection (1) of 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
section 960.001, Florida Statutes, to read: 76
960.001 Guidelines for fair treatment of victims and 77
witnesses in the criminal justice and juvenile justice systems. — 78
(1) The Department of Legal Affairs, the state attorneys, 79
the Department of Corrections, the Department of Juvenile 80
Justice, the Florida Commission on Offe nder Review, the State 81
Courts Administrator and circuit court administrators, the 82
Department of Law Enforcement, and every sheriff's department, 83
police department, or other law enforcement agency as defined in 84
s. 943.10(4) shall develop and implement guide lines for the use 85
of their respective agencies, which guidelines are consistent 86
with the purposes of this act and s. 16(b), Art. I of the State 87
Constitution and are designed to implement s. 16(b), Art. I of 88
the State Constitution and to achieve the followi ng objectives: 89
(v) Victim's right to candor .–Each victim must be notified 90
that he or she has the right, if contacted to obtain information 91
relating to a criminal proceeding by an attorney, investigator, 92
or any other agent acting on behalf of the criminal defendant, 93
to be informed of: 94
1. The person's name and employer. 95
2. The fact that such person is acting on behalf of the 96
defendant. 97
Section 3. This act shall take effect July 1, 2023. 98