In Re: Amendments to the Florida Rules of Juvenile Procedure ( 2023 )

Supreme Court of Florida
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No. SC2022-0423
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IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUVENILE
PROCEDURE.
April 6, 2023
PER CURIAM.
The Juvenile Court Rules Committee (Committee) filed a report
proposing amendments to the Florida Rules of Juvenile Procedure. 1
It proposes amending rules 8.060 (Discovery), 8.104 (Testimony by
Closed-Circuit Television or Audio-Video Communication
Technology), 8.245 (Discovery), and 8.255 (General Provisions for
Hearings).
Because some of the proposed amendments were incompatible
with the Criminal Court Steering Committee’s then pending
proposals in In re Amendments to Florida Rule of Criminal Procedure
3.220, Florida Rule of Civil Procedure for Involuntary Commitment of
1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b).
Sexually Violent Predators 4.310, and Florida Rule of Juvenile
Procedure 8.060, 346 So. 3d 1164 (Fla. 2022), we withheld
publication of the Committee’s proposals until our decision in that
case became final. We then published the Committee’s proposals
for comment in the November 2022 edition of The Florida Bar
News. 2 No comments were received.
Having considered the Committee’s report and the proposed
amendments, we adopt the amendments to the Florida Rules of
Juvenile Procedure as proposed by the Committee. We discuss the
significant changes below.
2. The published version of the Committee’s proposals
incorporated the amendments to rules 8.060(d)(9) and 8.104
adopted by the Court in In re Amendments to Florida Rule of
Criminal Procedure 3.220, Florida Rule of Civil Procedure for
Involuntary Commitment of Sexually Violent Predators 4.310, and
Florida Rule of Juvenile Procedure 8.060, 346 So. 3d 1164 (Fla.
2022) (amending rule 8.060(d)(9) (Videotaped Depositions) to
increase to 18 the age under which the depositions of children must
be audiovisually recorded on the demand of any party), and In re
Amendments to Florida Rules of Juvenile Procedure, Florida Family
Law Rules of Procedure, & Florida Supreme Court Approved Family
Law Forms, 47 Fla. L. Weekly S188 (Fla. July 14, 2022) (adding “or
Audio-Video Communication Technology” to the title of rule 8.104
and “or, at the discretion of the court, by audio-video
communication technology” to subdivision (a) of that rule).
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In rule 8.060, existing subdivision (d)(7) (Statements of Law
Enforcement Officers) is deleted, and a new, more general
telephonic statements provision modeled after Florida Rule of
Criminal Procedure 3.220(h)(8) (Telephonic Statements) is added as
subdivision (d)(8) (Telephonic Statements). 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. Deletions are
indicated by struck-through type, and new language is indicated by
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underscoring. The amendments shall become effective July 1,
2023, at 12:01 a.m.
It is so ordered.
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
and FRANCIS, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding – Florida Rules of Juvenile Procedure
Stephanie C. Zimmerman, Chair, Juvenile Court Rules Committee,
Bradenton, Florida, Candice Kaye Brower, Past Chair, Juvenile
Court Rules Committee, Gainesville, Florida, Joshua E. Doyle,
Executive Director, The Florida Bar, Tallahassee, Florida, and
Michael Hodges, Staff Liaison, The Florida Bar, Tallahassee,
Florida,
for Petitioner
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Appendix
RULE 8.060. DISCOVERY
(a) – (c) [NO CHANGE]
(d) Depositions.
(1) – (6) [NO CHANGE]
(7) Statements of Law Enforcement Officers. Upon
stipulation of the parties and the consent of the witness, the
statement of a law enforcement officer may be taken by telephone in
lieu of deposition of the officer. In such case, the officer need not be
under oath. The statement, however, shall be recorded and may be
used for impeachment at trial as a prior inconsistent statement
pursuant to the Florida Evidence Code.
(87) Depositions of Law Enforcement Officers. Subject to
the general provisions of this rule, law enforcement officers shall
appear for deposition, without subpoena, upon written notice of
taking deposition delivered at the address designated by the law
enforcement agency or department or, if no address has been
designated, to the address of the law enforcement agency or
department, 5 days prior to the date of the deposition. Law
enforcement officers who fail to appear for deposition after being
served notice are subject to contempt proceedings.
(8) Telephonic Statements. On stipulation of the parties
and the consent of the witness, the statement of any witness may
be taken by telephone in lieu of the deposition of the witness. In
such case, the witness need not be under oath. The statement,
however, shall be recorded and may be used for impeachment at
trial as a prior inconsistent statement pursuant to the Florida
Evidence Code.
(9) Videotaped Depositions of Sensitive Witnesses.
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(A) Depositions of children under the age of 18
shall be videotaped upon demand of any party unless otherwise
ordered by the court.
(B) The court may order videotaping of a
deposition or taking of a deposition of a witness with fragile
emotional strength or an intellectual disability as defined in section
393.063, Florida Statutesto be in the presence of the trial judge or a
special magistrate.
(C) The court may order the taking of a deposition
of a witness with fragile emotional strength or an intellectual
disability as defined in section 393.063, Florida Statutes, to be in
the presence of the trial judge or a special magistrate.
(e) – (m) [NO CHANGE]
Court Commentary
[NO CHANGE]
RULE 8.104. TESTIMONY BY CLOSED-CIRCUIT TELEVISION
OR AUDIO-VIDEO COMMUNICATION
TECHNOLOGY
(a) Requirements for Use. In any case the trial court may
order the testimony of a victim or witness under the age of 1618 to
be taken outside the courtroom and shown by means of closed-
circuit television or, at the discretion of the court, by audio-video
communication technology if on motion and hearing in camera, the
trial court determines that the victim or witness would suffer at
least moderate emotional or mental harm due to the presence of the
defendant child if the witness is required to testify in open court.
(b) – (f) [NO CHANGE]
Committee Notes
[NO CHANGE]
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RULE 8.245. DISCOVERY
(a) - (h) [NO CHANGE]
(i) Rules Governing Depositions of Children Under 1618.
(1) The taking of a deposition of a child witness or
victim under the age of 1618 may be limited or precluded by the
court for good cause shown.
(2) The court, after proper notice to all parties and an
evidentiary hearing, based on good cause shown, may set
conditions for the deposition of a child under the age of 1618
including:
(A)- (G) [NO CHANGE]
(3) Good cause is shown based on, but not limited to,
one or more of the following considerations:
(A) - (B) [NO CHANGE]
(C) The relationship between the child victim and
the alleged abuser or the relationship of the child to the parties in
the case.
(D) – (F) [NO CHANGE]
(4) The court, in its discretion, may order the
consolidation of the taking of depositions of a child under the age of
1618 when the child is the victim or witness in a pending
proceeding arising from similar facts or circumstances.
(j) – (k) [NO CHANGE]
Committee Notes
[NO CHANGE]
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RULE 8.255. GENERAL PROVISIONS FOR HEARINGS
(a) - (c) [NO CHANGE]
(d) Examination of Child; Special Protections.
(1) [NO CHANGE]
(2) In-Camera Examination.
(A) – (B) [NO CHANGE]
(C) The court shall make specific written findings
of fact, on the record, as to the basis for its ruling. These findings
may include but are not limited to:
(i) – (ii) [NO CHANGE]
(iii) the relationship between the child and
the alleged abuser or the relationship of the child to the parties in
the case;
(iv) – (vii) [NO CHANGE]
(D) [NO CHANGE]
(e) – (k) [NO CHANGE]
Committee Notes
[NO CHANGE]
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