HB 1015

1	A bill to be entitled
2	An act relating to depositions in juvenile proceedings;
3	creating s. 985.326, F.S.; providing for time and location
4	of deposition; providing procedures; providing for
5	depositions of different categories of witnesses;
6	providing that no disposition may be taken in certain
7	cases; specifying factors to be considered in allowing a
8	deposition; allowing use of deposition testimony for
9	impeachment; allowing use of unintroduced portions of a
10	deposition in certain circumstances; authorizing sanctions
11	for disobedience of a subpoena; providing circumstances
12	under which the presence of a child may be required for a
13	deposition; authorizing the taking of statements by law
14	enforcement officers by telephone in certain
15	circumstances; providing for use of such statements;
16	requiring video recording of depositions of children under
17	16 years of age unless otherwise ordered; providing for
18	video recording of other witnesses depositions; providing
19	an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Section 985.326, Florida Statutes, is created
24	to read:
25	985.326  Depositions.-
26	(1)  TIME AND LOCATION.-
27	(a)  At any time after the filing of the petition alleging
28	a child to be delinquent, any party may take the deposition upon
29	oral examination of any person authorized by this section.
30	(b)  Depositions of witnesses residing in the county in
31	which the adjudicatory hearing is to take place shall be taken
32	in the building in which the adjudicatory hearing is to be held,
33	another location agreed on by the parties, or a location
34	designated by the court. Depositions of witnesses residing
35	outside the county in which the adjudicatory hearing is to take
36	place shall take place in a court reporter's office in the
37	county and state in which the witness resides, another location
38	agreed to by the parties, or a location designated by the court.
39	(2)  PROCEDURE.-
40	(a)  The party taking the deposition shall give reasonable
41	written notice to each other party and shall make a good faith
42	effort to coordinate the date, time, and location of the
43	deposition with other parties and the witness to be deposed to
44	accommodate their schedules. The notice shall state the time and
45	the location of the deposition and the name of each person to be
46	examined, and include a certificate of counsel that a good faith
47	effort was made to coordinate the deposition schedule.
48	(b)  Upon application, the court or the clerk of the court
49	may issue subpoenas for the persons whose depositions are to be
50	taken.
51	(c)  After notice to the parties, the court, for good cause
52	shown, may change the time or location of the deposition.
53	(d)  In any case, a person may not be deposed more than
54	once except by consent of the parties or by order of the court
55	issued on good cause shown.
56	(e)  Except as otherwise provided by this section, the
57	procedure for taking the deposition, including the scope of the
58	examination and the issuance of a subpoena, other than a
59	subpoena duces tecum, for deposition by an attorney of record in
60	the action shall be the same as that provided in the Florida
61	Rules of Civil Procedure.
62	(f)  The child, only with leave of court, may take the
63	deposition of any witness listed by the petitioner as a Category
64	A witness, as defined in Rule 8.060, Florida Rules of Juvenile
65	Procedure, or listed by a codefendant as a witness to be called
66	at a joint hearing. After receipt by the child of the discovery
67	exhibit, the child, without leave of court, may take the
68	deposition of any unlisted witness who may have information
69	relevant to the petition's allegations. The petitioner, only
70	with leave of court, may take the deposition of any witness
71	listed by the child to be called at a hearing.
72	(g)  No party may take the deposition of a witness listed
73	by the petitioner as a Category B witness, as defined in Rule
74	8.060, Florida Rules of Juvenile Procedure, except upon leave of
75	court with good cause shown.
76	(h)  A witness listed by the petitioner as a Category C
77	witness, as defined in Rule 8.060, Florida Rules of Juvenile
78	Procedure, is not subject to deposition unless the court
79	determines that the witness should be listed in another
80	category.
81	(i)  A deposition may not be taken in a case in which a
82	petition has been filed alleging that the child committed only a
83	misdemeanor or a criminal traffic offense when all other
84	discovery provided by this section has been complied with. In
85	determining whether to allow a deposition, the court should
86	consider the consequences to the child, the complexity of the
87	issues involved, the complexity of the witness's testimony, and
88	the other opportunities available to the child to discover the
89	information sought by deposition.
90	(3)  USE OF DEPOSITION.-Any deposition taken under this
91	section may be used at any hearing covered by this chapter by
92	any party for the purpose of impeaching the testimony of the
93	deponent as a witness.
94	(4)  INTRODUCTION OF PART OF DEPOSITION.-If only part of a
95	deposition is offered in evidence by a party, an adverse party
96	may require the introduction of any other part that in fairness
97	should be considered with the part introduced, and any party may
98	introduce any other parts.
99	(5)  SANCTIONS.-A witness who refuses to obey a duly served
100	subpoena for the taking of a deposition may be adjudged in
101	contempt of the court from which the subpoena issued.
102	(6)  PHYSICAL PRESENCE OF CHILD.-The child shall not be
103	physically present at a deposition except upon stipulation of
104	the parties or as provided by this section. The court may order
105	the physical presence of the child upon a showing of good cause.
106	In ruling, the court may consider the following:
107	(a)  The need for the physical presence of the child to
108	obtain effective discovery.
109	(b)  The intimidating effect of the child's presence on the
110	witness, if any.
111	(c)  Any cost or inconvenience which may result.
112	(d)  Any alternative electronic or audio-visual means
113	available to protect the child's ability to participate in
114	discovery without the child's physical presence.
115	(7)  STATEMENTS OF LAW ENFORCEMENT OFFICERS.-Upon
116	stipulation of the parties and the consent of the witness, the
117	statement of a law enforcement officer may be taken by telephone
118	in lieu of deposition of the officer. In such case, the officer
119	need not be under oath. The statement, however, shall be
120	recorded and may be used for impeachment at trial as a prior
121	inconsistent statement under s. 90.614.
122	(8)  DEPOSITIONS OF LAW ENFORCEMENT OFFICERS.-Subject to
123	the general provisions of this section, law enforcement officers
124	shall appear for deposition, without subpoena, upon written
125	notice of taking deposition delivered at the address designated
126	by the law enforcement agency or department or, if an address
127	has not been designated, to the address of the law enforcement
128	agency or department, at least 5 days before the date of the
129	deposition. Law enforcement officers who fail to appear for
130	deposition after being served notice are subject to contempt
131	proceedings.
132	(9)  VIDEO RECORDED DEPOSITIONS.-Video recordings of
133	depositions of children under the age of 16 shall be made upon
134	demand of any party unless otherwise ordered by the court. The
135	court may order a video recording of a deposition or taking of a
136	deposition of a witness with fragile emotional strength to be
137	shown in the presence of the trial judge or a special
138	magistrate.
139	Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.