Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 772
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/10/2022           .                                

       The Committee on Rules (Diaz) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 40 - 154
    4  and insert:
    5         (c)(a) “Sexual offense victim or witness” means a person
    6  who was under the age of 18 when he or she was the victim of or
    7  a witness to a sexual offense.
    8         (b) “Sexual offense” means any offense specified in s.
    9  775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I).
   10         (d)“Therapy animal” means an animal that has been trained,
   11  evaluated, and certified as a therapy animal pursuant to
   12  industry standards by an organization that certifies animals as
   13  appropriate to provide animal therapy.
   14         (2) Upon motion of any party;, upon motion of a parent,
   15  guardian, attorney, guardian ad litem, or other advocate
   16  appointed by the court under s. 914.17 for a victim or witness
   17  under the age of 18, a person who has an intellectual
   18  disability, or a sexual offense victim; or witness, or upon its
   19  own motion, the court may enter any order necessary to protect
   20  the person victim or witness in any judicial proceeding or other
   21  official proceeding from moderate severe emotional or mental
   22  harm due to the presence of the defendant if the victim or
   23  witness is required to testify in open court. Such orders must
   24  relate to the taking of testimony and include, but are not
   25  limited to:
   26         (a) Interviewing or the taking of depositions as part of a
   27  civil or criminal proceeding.
   28         (b) Examination and cross-examination for the purpose of
   29  qualifying as a witness or testifying in any proceeding.
   30         (c) The use of testimony taken outside of the courtroom,
   31  including proceedings under ss. 92.53 and 92.54.
   32         (3)(a)Depositions are not allowed, except upon a showing
   33  of good cause, of victims or witnesses younger than the age of
   34  18, persons who have intellectual disabilities, or sexual
   35  offense victims in proceedings involving any of the following:
   36         1.Abuse, abandonment, or neglect of children under chapter
   37  39.
   38         2.Any offense constituting domestic violence as defined in
   39  s. 741.28.
   40         3.Murder under s. 782.04.
   41         4.Manslaughter under s. 782.07.
   42         5.Aggravated cyberstalking under s. 784.048.
   43         6.Kidnapping under s. 787.01.
   44         7.False imprisonment under s. 787.02.
   45         8.Human trafficking under s. 787.06.
   46         9.Sexual battery under s. 794.011.
   47         10.Child abuse or neglect of a child under s. 827.03.
   48         11.Use of a child in a sexual performance under s.
   49  827.071.
   50         12.Computer pornography under s. 847.0135 or the
   51  transmission of pornography by electronic device or equipment
   52  under s. 847.0137.
   53         (b)Upon written motion and written findings that a
   54  deposition is necessary to assist a trial, that the evidence
   55  sought is not reasonably available by any other means, and that
   56  the probative value of the testimony outweighs the potential
   57  detriment to the person to be deposed, the court may authorize
   58  the taking of a deposition and may order protections deemed
   59  necessary, including those provided in this section.
   60         (4)(3) In ruling upon a the motion filed under this
   61  section, the court may shall consider:
   62         (a) The age of the victim or witness. child,
   63         (b) The nature of the offense or act.,
   64         (c)The complexity of the issues involved.
   65         (d) The relationship of the victim or witness child to the
   66  parties in the case or to the defendant in a criminal action.,
   67         (e) The degree of emotional or mental harm trauma that will
   68  result to the child as a consequence of the examination,
   69  interview, or testimony. defendant’s presence, and
   70         (f)The functional capacity of the victim or witness if he
   71  or she has an intellectual disability.
   72         (g)The age of the sexual offense victim when the sexual
   73  offense occurred.
   74         (h) Any other fact that the court deems relevant;
   75         (b)The age of the person who has an intellectual
   76  disability, the functional capacity of such person, the nature
   77  of the offenses or act, the relationship of the person to the
   78  parties in the case or to the defendant in a criminal action,
   79  the degree of emotional trauma that will result to the person as
   80  a consequence of the defendant’s presence, and any other fact
   81  that the court deems relevant; or
   82         (c)The age of the sexual offense victim or witness when the
   83  sexual offense occurred, the relationship of the sexual offense
   84  victim or witness to the parties in the case or to the defendant
   85  in a criminal action, the degree of emotional trauma that will
   86  result to the sexual offense victim or witness as a consequence
   87  of the defendant’s presence, and any other fact that the court
   88  deems relevant.
   89         (5)(4) In addition to such other relief provided by law,
   90  the court may enter orders it deems just and appropriate for the
   91  protection of limiting the number of times that a child, a
   92  person who has an intellectual disability, or a sexual offense
   93  victim, including limiting the number of times a victim or
   94  witness may be interviewed, limiting the length and scope of a
   95  deposition, requiring a deposition to be taken only by written
   96  questions, requiring a deposition to be in the presence of a
   97  trial judge or magistrate, sealing the tape or transcript of a
   98  deposition until further order of the court, allowing use of a
   99  therapy animal or facility dog prohibiting depositions of the
  100  victim or witness, requiring the submission of questions before
  101  the examination of the victim or witness, setting the place and
  102  conditions for interviewing the victim or witness or for
  103  conducting any other proceeding, or permitting or prohibiting
  104  the attendance of any person at any proceeding. The court shall
  105  enter any order necessary to protect the rights of all parties,
  106  including the defendant in any criminal action.
  107         (6) Section 794.022 applies to depositions taken pursuant
  108  to this section. If a deposition is taken pursuant to this
  109  section, the court must appoint a guardian ad litem or other
  110  advocate pursuant to s. 914.17 to represent the deponent for the
  111  purposes of the deposition if the deponent does not already have
  112  counsel.
  113         (7) The court, on its own motion or that of any party, may
  114  request the aid of an interpreter, as provided in s. 90.606, to
  115  aid the parties in formulating methods of questioning the child,
  116  the person who has an intellectual disability, or the sexual
  117  offense victim and in interpreting his or her answers during
  119  ================= T I T L E  A M E N D M E N T ================
  120  And the title is amended as follows:
  121         Delete line 3
  122  and insert:
  123         witnesses; amending s. 92.55, F.S.; replacing the term
  124         “sexual offense victim or witness” with “sexual
  125         offense victim”; defining the term “sexual offense
  126         victim”; revising the