The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Criminal Justice
BILL: CS/SB 1208
INTRODUCER: Criminal Justice Committee and Senator Burgess
SUBJECT: Depositions of Witnesses in Criminal Proceedings
DATE: March 28, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Cellon Stokes CJ Fav/CS
2. JU
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1208 amends s. 92.55, F.S., to prohibit defense depositions of any victim of a sexual
offense who is under the age of 18, or any person who has an intellectual disability, unless good
cause is shown.
The bill provides considerations for the court to determine whether to allow depositions of the
specified witnesses in the listed cases.
The bill has an indeterminate fiscal impact. See Section V. Fiscal Impact Statement.
The bill becomes effective July 1, 2023.
II. Present Situation:
Section 92.55, F.S., contains protections for certain crime victims or witnesses during the
criminal case process. Specifically, this section of law provides varying types of protection for
vulnerable victims and witnesses who are either underage or intellectually disabled. Section
92.55(1), F.S., contains the following definitions:
• “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; and
• “Sexual offense” means any offense specified in s. 775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I),
F.S.
REVISED: BILL: CS/SB 1208 Page 2
A conviction of the offenses specified in s. 775.21(4)(a)1., F.S., and s. 943.0435(1)(h)1.a.(I),
F.S., results in the person being designated as a sexual predator or sexual offender, respectively,
under the criteria set forth in those sections of law.
Section 92.55, F.S., provides that a parent, guardian, attorney, guardian ad litem, or other
advocate appointed by the court under s. 914.17, F.S., for a victim or witness under the age of
18, a person who has an intellectual disability, or a sexual offense victim or witness, may file a
motion with the court for an order 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.
1
Such court orders must relate to the taking of testimony and include, but are not limited to
interviewing or the taking of depositions as part of a civil or criminal proceeding.
2
In ruling upon the motion, the court must consider:
• 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;
• 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
• 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.
3
Additionally, 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.
4
1
Section 92.55(2), F.S.
2
Section 92.55(2)(a), F.S.
3
Section 92.55(3), F.S.
4
Section 92.55(4), F.S. BILL: CS/SB 1208 Page 3
Section 92.55(5), F.S., provides that the court may set other conditions it finds just or
appropriate, including the use and assistance of a therapy or facility dog.
III. Effect of Proposed Changes:
The bill amends s. 92.55, F.S., to prohibit criminal defense depositions of any victim of a sexual
offense who is under the age of 18, or any person who has an intellectual disability, unless good
cause is shown.
The court may authorize the taking of a deposition and may order protections deemed necessary
upon the filing of a written motion and the court finding that:
• A deposition is necessary to assist at trial;
• The evidence sought is not reasonably available by any other means; and
• The probative value of the testimony outweighs the potential harm to the person to be
deposed.
In ruling upon the motion the court may consider:
• The mental and physical age and maturity of the victim or witness.
• The nature and duration of the offense.
• The relationship of the victim or witness to the defendant.
• The complexity of the issues involved.
• Whether the victim or witness would suffer moderate psychological harm as a consequence
of being compelled to testify at a deposition.
• The functional capacity of the victim or witness if he or she has an intellectual disability.
• The willingness of the victim or witness to be deposed.
• Any other fact that the court deems relevant.
The court must make specific written findings of fact, on the record, as to the basis for its ruling.
The bill becomes effective July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None. BILL: CS/SB 1208 Page 4
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
It is possible that the time spent by the courts holding hearings on whether to grant
depositions in the circumstances specified in the bill will have an impact on judicial
resources. However, it is also possible that if fewer depositions are taken in the criminal
cases specified in the bill, related costs such as court reporting and transcribing, as well
as prosecutor and public defender time spent in depositions will off-set some of the
expense of the motion hearings.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 92.55 of the Florida Statutes. BILL: CS/SB 1208 Page 5
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Criminal Justice on March 27, 2023:
The committee substitute narrows the bill by providing that defense depositions may not
be taken of a victim in a sexual offense case who is under the age of 18, or any person
who has an intellectual disability.
Additionally, the committee substitute removes provisions that prohibited criminal
defense depositions of any victim or any witness younger than the age of 18, or any
person who is a victim or witness of specified crimes. The list of criminal offenses for
which depositions could be prohibited absent a showing of good cause was also removed.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.