HB 1037 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1037-00
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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
A bill to be entitled 1
An act relating to depositions of witnesses in 2
criminal proceedings; amending s. 92.55, F.S.; 3
prohibiting the deposition of victims and certain 4
witnesses in certain proceedings without a showing of 5
good cause; providing for motions to depose witnesses; 6
providing for factors to be considered concerning such 7
motions; requiring written findings on such motions; 8
providing an effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
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Section 1. Subsection (6) is added to section 92.55, 13
Florida Statutes, to read: 14
92.55 Judicial or other proceedings involving victim or 15
witness under the age of 18, a person who has an intellectua l 16
disability, or a sexual offense victim or witness; special 17
protections; use of therapy animals or facility dogs. — 18
(6)(a) In any criminal action in which the defendant is 19
charged with an offense described in this paragraph, or with any 20
attempt, solicitation, or conspiracy to commit such offense, 21
depositions are not allowed, absent a showing of good cause, of 22
any victim or any witness younger than the age of 18, any person 23
who has intellectual disabilities, or any person who is a victim 24
or witness. The offenses are: 25
HB 1037 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1037-00
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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
1. Any offense constituting domestic violence as defined 26
in s. 741.28. 27
2. Aggravated cyberstalking under s. 784.048. 28
3. Custody offenses under chapter 787. 29
4. Human trafficking under s. 787.06. 30
5. Human smuggling under s. 787.07 31
6. Sexual battery under s. 794.011. 32
7. Lewd or lascivious offenses under s. 800.04. 33
8. Child abuse or neglect of a child under s. 827.03. 34
9. Promotion of or use of a child in a sexual performance 35
under s. 827.071. 36
10. Computer pornography, prohibited computer usage, 37
traveling to meet a minor under s. 847.0135, transmission of 38
pornography by electronic device or equipment under s. 847.0137, 39
or transmission of material harmful to a minor under s. 40
847.0138. 41
(b) Upon written motion that a deposition is necessary to 42
assist at trial, that the evidence sought is not reasonably 43
available by any other means, and that the probative value of 44
the testimony outweighs the potential harm to the person to be 45
deposed, the court may authorize the taking of a deposition and 46
may order protections deemed necessary, including those provided 47
in this subsection. 48
(c) In ruling upon a motion filed under this subsection, 49
the court may consider: 50
HB 1037 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1037-00
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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
1. The mental and physical age and maturity of the victim 51
or witness. 52
2. The nature and duration of the offense. 53
3. The relationship of the victim or witness to the 54
defendant. 55
4. The complexity of the issues involved. 56
5. Whether the victim or witness would suffer moderate 57
psychological harm as a consequence of being compelled to 58
testify at a deposition. 59
6. The functional capacity of the victim or witness if he 60
or she has an intellectual disability. 61
7. The willingness of the victim or witness to testify at 62
an examination, an inter view, or a hearing. 63
8. Any other fact that the court deems relevant. 64
(d) A motion under this subsection may be filed by the 65
victim, witness, or the victim's or witness's attorney, parent, 66
legal guardian, or guardian ad litem; the defendant or the 67
defendant's counsel in a criminal proceeding; or the prosecuting 68
authority. 69
(e) The court shall make specific written findings of 70
fact, on the record, as to the basis for its ruling under this 71
subsection. 72
Section 2. This act shall take effect October 1, 2023. 73