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 16 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)Persons Who May File Motion. The motion may be filed by:(1) the victim or witness or his or her attorney, parent, legal guardian, or guardian ad litem;(2) the trial judge on his or her own motion;(3) the prosecuting attorney; or(4) the defendant child or his or her counsel.(c)Persons Who May Be Present During Testimony. Only the judge, prosecutor, witness or victim, attorney for the witness or victim, defendant child's attorney, operator of the equipment, an interpreter, and some other person who in the opinion of the court contributes to the well-being of the victim or witness and who will not be a witness in the case may be in the room or remote hearing room during the recording of the testimony.(d)Presence of Defendant Child. During the testimony of the victim or witness by closed-circuit television or other audio-video communication technology, the court may require the defendant child to view the testimony from the courtroom or via audio-video communication technology. In such case, the court shall permit the defendant child to observe and hear the testimony, but shall ensure that the victim or witness cannot hear or see the defendant child. The defendant child's right to assistance of counsel, which includes the right to immediate and direct communication with counsel conducting cross examination, shall be protected and, on the defendant child's request, such communication shall be provided by any appropriate electronic method.(e)Findings of Fact. The court shall make specific findings of fact on the record as to the basis for its ruling under this rule.(f)Time for Motion. The motion referred to in subdivision (a) may be made at any time with reasonable notice to each party.Amended effective 7/1/2023; amended by 47 Fla. L. Weekly S188, effective 10/1/2022; amended by 649 So.2d 1370, effective 1/26/1995; added by 608 So.2d 478, effective 1/1/1993; amended by 589 So.2d 818, effective 7/1/1991; amended by 530 So.2d 920, effective 1/1/1989; amended by 393 So.2d 1077, effective 1/1/1981.Committee Notes
1992 Adoption. Addition of this rule is mandated by section 92.55, Florida Statutes (1989).