FL
Florida House Bill H1037

Florida 2023 Regular Session

Florida House Bill H1037 Compare Versions

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1010 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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1414 A bill to be entitled 1
1515 An act relating to depositions of witnesses in 2
1616 criminal proceedings; amending s. 92.55, F.S.; 3
17-prohibiting the deposition of specified victims and 4
18-witnesses in a criminal proceeding without a showing 5
19-of good cause; providing for motions to depose such 6
20-persons; providing for factors to be considered 7
21-concerning such motions; requiring written findings on 8
22-such motions; providing an effective date. 9
17+prohibiting the deposition of victims and certain 4
18+witnesses in certain proceedings without a showing of 5
19+good cause; providing for motions to depose witnesses; 6
20+providing for factors to be considered concerning such 7
21+motions; requiring written findings on such motions; 8
22+providing an effective date. 9
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2424 Be It Enacted by the Legislature of the State of Florida: 11
2525 12
2626 Section 1. Subsection (6) is added to section 92.55, 13
2727 Florida Statutes, to read: 14
2828 92.55 Judicial or other proceedings involving victim or 15
2929 witness under the age of 18, a person who has an intellectua l 16
3030 disability, or a sexual offense victim or witness; special 17
3131 protections; use of therapy animals or facility dogs. — 18
32- (6)(a) Absent a showing of good cause, the defendant in a 19
33-criminal action, or his or her representative, may not take the 20
34-deposition of: 21
35- 1. A victim in a sexual offense case who is under the age 22
36-of 18. 23
37- 2. A person who has an intellectual disability. 24
38- (b) Upon written motion by a defendant in a criminal 25
32+ (6)(a) In any criminal action in which the defendant is 19
33+charged with an offense described in this paragraph, or with any 20
34+attempt, solicitation, or conspiracy to commit such offense, 21
35+depositions are not allowed, absent a showing of good cause, of 22
36+any victim or any witness younger than the age of 18, any person 23
37+who has intellectual disabilities, or any person who is a victim 24
38+or witness. The offenses are: 25
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4747 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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51-action, or his or her representative, that a deposition is 26
52-necessary to assist at a criminal tr ial, that the evidence 27
53-sought is not reasonably available by any other means, and that 28
54-the probative value of the testimony outweighs any potential 29
55-harm to the person to be deposed, the court may authorize the 30
56-taking of a deposition and may order any prote ctions deemed 31
57-necessary, including those provided in this section. 32
58- (c) In ruling upon a motion filed under paragraph (b), the 33
59-court may consider: 34
60- 1. The mental and physical age and maturity of the victim 35
61-or witness. 36
62- 2. The nature and duration of the offense. 37
63- 3. The relationship of the victim or witness to the 38
64-defendant. 39
65- 4. The complexity of the issues involved. 40
66- 5. Whether the victim or witness would suffer moderate 41
67-psychological harm as a consequence of being compelled to 42
68-testify at a deposition . 43
69- 6. The functional capacity of the victim or witness if he 44
70-or she has an intellectual disability. 45
71- 7. The willingness of the victim or witness to be deposed. 46
72- 8. Any other fact that the court deems relevant. 47
73- (d) The court shall make specific written findings of 48
74-fact, on the record, as to the basis for its ruling under this 49
75-subsection. 50
51+ 1. Any offense constituting domestic violence as defined 26
52+in s. 741.28. 27
53+ 2. Aggravated cyberstalking under s. 784.048. 28
54+ 3. Custody offenses under chapter 787. 29
55+ 4. Human trafficking under s. 787.06. 30
56+ 5. Human smuggling under s. 787.07 31
57+ 6. Sexual battery under s. 794.011. 32
58+ 7. Lewd or lascivious offenses under s. 800.04. 33
59+ 8. Child abuse or neglect of a child under s. 827.03. 34
60+ 9. Promotion of or use of a child in a sexual performance 35
61+under s. 827.071. 36
62+ 10. Computer pornography, prohibited computer usage, 37
63+traveling to meet a minor under s. 847.0135, transmission of 38
64+pornography by electronic device or equipment under s. 847.0137, 39
65+or transmission of material harmful to a minor under s. 40
66+847.0138. 41
67+ (b) Upon written motion that a deposition is necessary to 42
68+assist at trial, that the evidence sought is not reasonably 43
69+available by any other means, and that the probative value of 44
70+the testimony outweighs the potential harm to the person to be 45
71+deposed, the court may authorize the taking of a deposition and 46
72+may order protections deemed necessary, including those provided 47
73+in this subsection. 48
74+ (c) In ruling upon a motion filed under this subsection, 49
75+the court may consider: 50
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8484 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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88- Section 2. This act shall take effect July 1, 2023. 51
88+ 1. The mental and physical age and maturity of the victim 51
89+or witness. 52
90+ 2. The nature and duration of the offense. 53
91+ 3. The relationship of the victim or witness to the 54
92+defendant. 55
93+ 4. The complexity of the issues involved. 56
94+ 5. Whether the victim or witness would suffer moderate 57
95+psychological harm as a consequence of being compelled to 58
96+testify at a deposition. 59
97+ 6. The functional capacity of the victim or witness if he 60
98+or she has an intellectual disability. 61
99+ 7. The willingness of the victim or witness to testify at 62
100+an examination, an inter view, or a hearing. 63
101+ 8. Any other fact that the court deems relevant. 64
102+ (d) A motion under this subsection may be filed by the 65
103+victim, witness, or the victim's or witness's attorney, parent, 66
104+legal guardian, or guardian ad litem; the defendant or the 67
105+defendant's counsel in a criminal proceeding; or the prosecuting 68
106+authority. 69
107+ (e) The court shall make specific written findings of 70
108+fact, on the record, as to the basis for its ruling under this 71
109+subsection. 72
110+ Section 2. This act shall take effect October 1, 2023. 73