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8.104 Testimony by Closed-Circuit Television
(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 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 during the recording of the testimony.
(d) Presence of Defendant Child. During the testimony
of the victim or witness by closed-circuit television,
the court may require the defendant child to view
the testimony from the courtroom. 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.
Committee Notes
1992 Adoption. Addition of this rule is mandated by section
92.55, Florida Statutes (1989).
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