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Florida Statute 92.54 | Lawyer Caselaw & Research
F.S. 92.54 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS
View Entire Chapter
F.S. 92.54
92.54 Use of closed-circuit television and audio-video communication technology in proceedings involving a victim or witness under the age of 18 or who has an intellectual disability.
(1) Upon motion and hearing in camera and upon a finding that there is a substantial likelihood that a victim or witness under the age of 18 or who has an intellectual disability will suffer at least moderate emotional or mental harm due to the presence of the defendant if such victim or witness is required to testify in open court, or is unavailable as defined in s. 90.804(1), the trial court may order that the testimony of the victim or witness be taken outside of the courtroom and shown by means of closed-circuit television or through audio-video communication technology.
(2) The motion may be filed by the victim or witness; the attorney, parent, legal guardian, or guardian ad litem of the victim or witness; the prosecutor; the defendant or the defendant’s counsel; or the trial judge on his or her own motion.
(3) Only the judge, the prosecutor, the defendant, the attorney for the defendant, the operators of the videotape equipment, an interpreter, and some other person who, in the opinion of the court, contributes to the well-being of the child or the person who has an intellectual disability and who will not be a witness in the case may be in the room during the recording of the testimony.
(4) During the victim’s or witness’s testimony by closed-circuit television or through audio-video communication technology, the court may require the defendant to view the testimony from the courtroom. In such a case, the court shall permit the defendant to observe and hear the testimony of the victim or witness, but must ensure that the victim or witness cannot hear or see the defendant. The defendant’s right to assistance of counsel, which includes the right to immediate and direct communication with counsel conducting cross-examination, must be protected and, upon the defendant’s request, such communication must be provided by any appropriate electronic method.
(5) The court shall make specific findings of fact, on the record, as to the basis for its ruling under this section.
History.s. 6, ch. 85-53; s. 12, ch. 87-224; s. 2, ch. 93-131; s. 22, ch. 94-154; s. 1380, ch. 95-147; s. 5, ch. 2013-162; s. 2, ch. 2016-199; s. 8, ch. 2023-302.

F.S. 92.54 on Google Scholar

F.S. 92.54 on Casetext

Amendments to 92.54


Arrestable Offenses / Crimes under Fla. Stat. 92.54
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 92.54.



Annotations, Discussions, Cases:

Cases from cite.case.law:

KHAN, v. UNITED STATES, 928 F.3d 1264 (11th Cir. 2019)

. . . . § 92.54. . . .

A. KNIGHT, v. STATE, 254 So. 3d 642 (Fla. App. Ct. 2018)

. . . victim-Knight's daughter-to testify through a closed-circuit television system pursuant to section 92.54 . . . See § 92.54(5), Fla. Stat. . . . Consistent with that interest, sections 92.53 and 92.54, Florida Statutes, allow children to testify . . . State , 565 So.2d 315, 318 (Fla. 1990) ("[T]he factual findings required by section 92.54 are necessarily . . . have "the right to immediate and direct communication with counsel conducting cross-examination," § 92.54 . . .

McDONALD, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 632 F. App'x 586 (11th Cir. 2016)

. . . . § 92.54. . . .

UNITED STATES v. KHAN,, 794 F.3d 1288 (11th Cir. 2015)

. . . . § 92.54. . . .

FARMER, v. STATE, 128 So. 3d 248 (Fla. Dist. Ct. App. 2013)

. . . screen as opposed to having the child testify via closed circuit television as permitted by section 92.54 . . .

OVERHOLT, Jr. v. STATE, 110 So. 3d 530 (Fla. Dist. Ct. App. 2013)

. . . Overholt argues that the court should have followed the procedure of section 92.54, Florida Statutes . . . Section 92.54 provides: (1) Upon motion and hearing in camera and upon a finding that there is a substantial . . .

F. OLIVER, v. STATE, 125 So. 3d 244 (Fla. Dist. Ct. App. 2013)

. . . The State moved, pursuant to section 92.54, Florida Statutes (2010), to place a projector screen between . . . We agreed with the Parker analysis and concluded “that section 92.54 does not authorize the use of a . . .

In W. R. GRACE CO., 475 B.R. 34 (D. Del. 2012)

. . . an unimpaired class comprised of all holders of non-asbestos-related general unsecured claims, voted 92.54% . . .

McLAUGHLIN, v. STATE, 79 So. 3d 226 (Fla. Dist. Ct. App. 2012)

. . . After the trial started, the State made a motion pursuant to section 92.54, Florida Statutes (2010), . . . State, 819 So.2d 815 (Fla. 1st DCA 2002), that “section 92.54 provides for the use of closed circuit . . . We conclude that section 92.54 does not authorize the use of a screen in the manner employed in this . . . See § 92.54, Fla. Stat. . . . the testimony of the child ... but shall ensure that the child ... cannot hear or see the defendant. 92.54 . . .

LANTHEUS MEDICAL IMAGING, INC. v. ZURICH AMERICAN INSURANCE CO., 841 F. Supp. 2d 769 (S.D.N.Y. 2012)

. . . . § 92.54, While letters rogatory may be utilized to "serve process on an individual or corporation within . . . the comity of courts toward each other, and customarily embody a promise of reciprocity." 22 C.F.R. § 92.54 . . .

In GRAND JURY SUBPOENA. v., 646 F.3d 159 (4th Cir. 2011)

. . . . § 92.54. . . .

MONTEIRO, v. MONTEIRO,, 55 So. 3d 686 (Fla. Dist. Ct. App. 2011)

. . . (c) The use of testimony taken outside of the courtroom, including proceedings under ss. 92.53 and 92.54 . . .

ROGERS, v. STATE, 40 So. 3d 888 (Fla. Dist. Ct. App. 2010)

. . . See § 92.54, Fla. Stat. (2009). . . .

STATE v. VILLARREAL,, 990 So. 2d 1166 (Fla. Dist. Ct. App. 2008)

. . . In addition, the State, citing to section 92.54, Florida Statutes (2007), argued that the defendant’s . . . order allowing the defendant’s minor children to testify via satellite from Ecuador cites to section 92.54 . . . In the instant case, section 92.54 is inapplicable because the defendant’s motion does not allege that . . . Therefore, section 92.54 does not apply. . . . Although we conclude that section 92.54 does not apply in the instant case because the defendant does . . .

CANN, v. STATE, 958 So. 2d 545 (Fla. Dist. Ct. App. 2007)

. . . Section 92.54, Florida Statutes, authorizes the court to allow a child to testify outside of the courtroom . . .

ELWELL, v. STATE, 954 So. 2d 104 (Fla. Dist. Ct. App. 2007)

. . . So.2d 1372 (Fla.1994), Hopkins challenged both the sufficiency of the factual findings under section 92.54 . . . although the objection did not specifically address the sufficiency of the factual findings under section 92.54 . . . The court also held that “the factual findings required by section 92.54 are necessarily related to the . . . The Hopkins court first addressed the trial court’s lack of findings under section 92.54 and held that . . .

HUGHES, v. STATE, 819 So. 2d 815 (Fla. Dist. Ct. App. 2002)

. . . Appellant that the trial court’s findings were insufficient to satisfy the requirements of section 92.54 . . . So.2d 1372, 1376 (Fla.l994)(holding that the trial court’s findings were insufficient under section 92.54 . . . Moreover, section 92.54 provides for the use of closed circuit television but not a partition. . . .

STATE v. TARRAGO,, 800 So. 2d 300 (Fla. Dist. Ct. App. 2001)

. . . The trial court denied the motion, finding that E.H. does not fall within the parameters of section 92.54 . . . Section 92.54(1), Fla. Stat. (2000). . . . the evidence presented satisfied the “at least moderate emotional or mental harm” element of section 92.54 . . . and was not mentally retarded, the court ruled that she was not entitled to the protection of section 92.54 . . . Section 92.54 does not provide the sole means by which a trial court may exercise its inherent authority . . .

DENNIS, v. STATE, 782 So. 2d 939 (Fla. Dist. Ct. App. 2001)

. . . trial court erred as a matter of law in failing to make specific findings of fact mandated by section 92.54 . . . This is erroneous because it ignores the clear and unequivocal directive of section 92.54(5), requiring . . . because his objection did not specify that the trial court’s findings were insufficient under section 92.54 . . . properly preserves the issue of whether the trial court’s factual findings are sufficient under section 92.54 . . . WARNER, C.J., and GROSS, J., concur. . 92.54 Use of closed circuit television in proceedings involving . . .

DOOLEY, v. STATE, 743 So. 2d 65 (Fla. Dist. Ct. App. 1999)

. . . The state concedes the trial court failed to make the findings required by section 92.54(1), Florida . . . Upon retrial, the trial court should follow the requirements of section 92.54(1) before B.D. is permitted . . .

RITCHIE, v. STATE, 720 So. 2d 261 (Fla. Dist. Ct. App. 1998)

. . . Id. at 1376, quoting section 92.54(5), Florida Statutes. . . . Although Hopkins involved closed-circuit televising of trial testimony under section 92.54, Florida Statutes . . .

MATHIS, v. STATE, 682 So. 2d 175 (Fla. Dist. Ct. App. 1996)

. . . Although the objection did not specifically address the sufficiency of the factual findings under section 92.54 . . .

In SCHWINN BICYCLE COMPANY, SCHWINN PLAN COMMITTEE, v. AFS CYCLE COMPANY, LIMITED,, 190 B.R. 599 (Bankr. N.D. Ill. 1995)

. . . . § 92.54. . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 649 So. 2d 1370 (Fla. 1995)

. . . ); (4) rule 8.104 (testimony by closed-circuit television), to conform to 1993 revisions to section 92.54 . . .

CONEY, v. STATE, 643 So. 2d 654 (Fla. Dist. Ct. App. 1994)

. . . See § 92.54(5), Fla.Stat. (1991); Hopkins v. . . .

SIGMON, v. STATE, 641 So. 2d 847 (Fla. 1994)

. . . So.2d 1372 (Fla.1994) (finding no fundamental error in failure to make findings required by section 92.54 . . .

STATE v. TOWNSEND,, 635 So. 2d 949 (Fla. 1994)

. . . State, 632 So.2d 1372 (Fla.1994) (failure to make specific findings of fact under section 92.54, Florida . . .

FELLER, v. STATE, 637 So. 2d 911 (Fla. 1994)

. . . addressed the same question of fundamental error as it relates to the specific findings required by section 92.54 . . . Section 92.54, Florida Statutes (1989), permits a child under the age of sixteen who is a victim of or . . . Section 92.54 is almost identical to section 92.53 in requiring a finding “that there is a substantial . . . child will suffer at least moderate emotional or mental harm if required to testify in open court.” § 92.54 . . .

HOPKINS, v. STATE, 632 So. 2d 1372 (Fla. 1994)

. . . importance: Does a trial court commit fundamental error by failing to make the findings required by section 92.54 . . . Pursuant to section 92.54, Florida Statutes (1989), the State filed a motion to present the trial testimony . . . Section 92.54(5), Fla.Stat. (1989). . . . Craig and those required by section 92.54); see also Feller v. . . . Section 92.54(5). . . .

R. R. a v. PORTESY, D., 629 So. 2d 1059 (Fla. Dist. Ct. App. 1994)

. . . a child who witnessed a murder to present her testimony by videotape, relying on sections 92.53 and 92.54 . . .

PIPPIN, v. STATE, 626 So. 2d 1091 (Fla. Dist. Ct. App. 1993)

. . . been a hearing held or specific findings of fact made on the state’s motion filed pursuant to section 92.54 . . .

LEWIS, v. STATE, 626 So. 2d 1073 (Fla. Dist. Ct. App. 1993)

. . . permitting the child victim to testify by closed-circuit television, which is authorized under Section 92.54 . . . appellant did not object to the trial court’s failure to make the specific findings required by section 92.54 . . . importance: DOES A TRIAL COURT COMMIT FUNDAMENTAL ERROR BY FAILING TO MAKE THE FINDINGS REQUIRED BY SECTION 92.54 . . .

STATE v. FORD,, 626 So. 2d 1338 (Fla. 1993)

. . . The district court found that sections 92.53 and 92.54, Florida Statutes (1989), did not allow the trial . . . We agree with the district court that sections 92.53 and 92.54 do not apply to the instant case because . . . testimony by way of videotape or closed-circuit television, except in the context of sections 92.53 and 92.54 . . .

SIGMON, v. STATE, 622 So. 2d 57 (Fla. Dist. Ct. App. 1993)

. . . trial court’s decision to permit the child victim to testify by closed-circuit television under section 92.54 . . . So.2d 166 (Fla.1991) (even if the trial court failed to make specific findings required by section 92.54 . . . make findings required under sections 92.53 (permitting videotaped testimony of a child victim) and 92.54 . . .

CUMBIE, v. K. SINGLETARY,, 991 F.2d 715 (11th Cir. 1993)

. . . . § 92.54(1) (1987) — the counsel- or answered in the affirmative. No other evidence was presented. . . . Fla.Stat. § 92.54(1) (1987). . . . Stat. § 92.54(3) (1987). . . . Clearly, section 92.54(4) affects the defendant’s confrontation rights. . . . Fla.Stat. § 92.54(3) (1987) (emphasis added). .See Fla.Stat. § 92.54(4) (1987), supra note 2. . . . .

LEWINE, v. STATE, 619 So. 2d 334 (Fla. Dist. Ct. App. 1993)

. . . Pursuant to section 92.54, Florida Statutes (1991), the victim testified via closed circuit television . . . In section 92.54, Florida Statutes (1991), among others, Florida has expressed such an interest. . . .

FELLER, v. STATE, 617 So. 2d 1091 (Fla. Dist. Ct. App. 1993)

. . . In my view, sections 92.53 and 92.54 specify special procedures that differ considerably from the ordinary . . . supreme court the question of whether the failure to make findings under a companion statute, section 92.54 . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE, 608 So. 2d 478 (Fla. 1992)

. . . Defenders argue that the proposed rule is too broad because it goes beyond the language of section 92.54 . . . We find that the rule should track the language of section 92.54, thus we delete the inclusion of “child . . . Finally, the Public Defenders point out that rule 8.104(a)(2) does track the language of section 92.54 . . . However, they argue that subsection 8.104(a)(2), like section 92.54, has the strange effect of allowing . . . While the revised rule 8.104 tracks the language of section 92.54, it is different from the statute because . . .

SEAMAN, v. STATE, 608 So. 2d 71 (Fla. Dist. Ct. App. 1992)

. . . contended that the child could testify by closed circuit television pursuant to the procedure of section 92.54 . . .

HOPKINS, Sr. v. STATE, 608 So. 2d 33 (Fla. Dist. Ct. App. 1992)

. . . Section 92.54, Florida Statutes (1989), permits a trial judge to order that the testimony of a child . . . Section 92.54(5) requires the judge to detail the reasons for his ruling with these words: “The court . . . Pursuant to section 92.54, the prosecutor sought to present the trial testimony of the alleged child . . . Section 92.53 sanctions such a procedure, but, as in section 92.54(5) at issue here, the trial court . . . We also recognize that section 92.54 authorizes a procedure which impacts an accused’s constitutional . . . admissibility of the child witness’s hearsay statements and the necessary findings required by section 92.54 . . . findings of fact after they are stated on the record by the court as required by sections 90.803(23) and 92.54 . . . findings of fact sufficient to admit otherwise inadmissible testimony under sections 90.803(23) and 92.54 . . . The statutory requirement in sections 90.803(23) and 92.54 that the basis of the court’s ruling be set . . .

MYLES, v. STATE, 602 So. 2d 1278 (Fla. 1992)

. . . This last ruling was made pursuant to section 92.54(4), Florida Statutes (1987), which provides: During . . . of at least moderate emotional or mental harm if the child is required to testify in open court, § 92.54 . . .

FORD, v. STATE, 592 So. 2d 271 (Fla. Dist. Ct. App. 1991)

. . . The legislature restricted the procedures contained in sections 92.53 and 92.54, Florida Statutes (1989 . . . As opposed to sections 92.53 and 92.54, where the legislature acted, section 92.55 is a nonoperative . . .

MYLES, v. STATE, 582 So. 2d 71 (Fla. Dist. Ct. App. 1991)

. . . The trial court neither violated the express language nor principles of Section 92.54(4), Florida Statutes . . .

W. GAITHER, v. STATE, 581 So. 2d 922 (Fla. Dist. Ct. App. 1991)

. . . State, 568 So.2d 1014 (Fla. 3d DCA 1990) ((alleged violation of section 92.54(5), Florida Statutes (1989 . . .

SANDERS, v. STATE, 568 So. 2d 1014 (Fla. Dist. Ct. App. 1990)

. . . decide whether the trial court’s on-the-record findings contained the specificity required by section 92.54 . . .

DISINGER, v. STATE, 569 So. 2d 824 (Fla. Dist. Ct. App. 1990)

. . . Section 92.54, Florida Statutes (1985), provides for the use of closed circuit television to obtain testimony . . .

MARYLAND v. CRAIG, 497 U.S. 836 (U.S. 1990)

. . . . § 92.54 (1989); Ga. Code Ann. § 17-8-55 (Supp. 1989); Ill. . . .

SPOERRI, v. STATE, 561 So. 2d 604 (Fla. Dist. Ct. App. 1990)

. . . at least moderate emotional or mental harm if required to testify in court,” as required by Section 92.54 . . .

S. FRICKE, v. STATE, 561 So. 2d 597 (Fla. Dist. Ct. App. 1990)

. . . Justice O’Connor cited Section 92.54, Florida Statutes (1987), authorizing a child abuse witness to testify . . . an exception to the constitutional right of physical confrontation — namely, compliance with Section 92.54 . . . makes “specific findings of fact, on the record, as to the basis for its [above-stated] ruling,” § 92.54 . . . of fact on the record to support such a case-specific ruling — all of which are required by Section 92.54 . . . This being so, it is clear that Section 92.54, Florida Statutes (1987), was not complied with below, . . .

D. A. D. a v. STATE, 566 So. 2d 257 (Fla. Dist. Ct. App. 1990)

. . . the court permitted the use of a speaker only, not closed circuit television as required by Section 92.54 . . . testifying, and the defendant could communicate by any appropriate electronic method as required by Section 92.54 . . .

STATE v. ASFOUR,, 555 So. 2d 1280 (Fla. Dist. Ct. App. 1990)

. . . trial or proceeding in which such witness testifies by use of closed circuit television pursuant to s. 92.54 . . .

WALLIS, v. STATE, 548 So. 2d 808 (Fla. Dist. Ct. App. 1989)

. . . anteroom to the courtroom outside the presence of the defendant under the authority of sections 92.53 and 92.54 . . .

I. CASTELLANOS, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Ad, 545 So. 2d 455 (Fla. Dist. Ct. App. 1989)

. . . The mother, however, argues that certain sections of the Florida Evidence Code [§§ 92.53 and 92.54, Fla.Stat . . . limited right to cross examine the child witness with assistance from an interpreter. §§ 92.53(4), (5), 92.54 . . . In support of this point, the mother urges at some length the applicability of Sections 92.53, 92.54, . . .

SAMPSON, v. STATE, 541 So. 2d 733 (Fla. Dist. Ct. App. 1989)

. . . television outside of appellant’s physical presence the court complied with the requirements of section 92.54 . . . The concurring opinion in Coy expressly cited section 92.54, Florida Statutes, as an example of an appropriate . . . The court fully complied with the requirements of section 92.54 in the present case, and appellant’s . . .

JAGGERS, v. STATE, 536 So. 2d 321 (Fla. Dist. Ct. App. 1988)

. . . trial or proceeding in which such witness testifies by use of closed circuit television pursuant to s. 92.54 . . .

STATE v. DIAMOND,, 553 So. 2d 1185 (Fla. Dist. Ct. App. 1988)

. . . Section 92.54 — Use of closed circuit television in proceedings involving sexual offenses against victims . . .

COY v. IOWA, 487 U.S. 1012 (U.S. 1988)

. . . . §92.54(4) (1987); Mass. Gen. Laws §278:16D(b)(l) (1986); N. J. Stat. . . .

CHAMBERS, v. STATE, 504 So. 2d 476 (Fla. Dist. Ct. App. 1987)

. . . trial or proceeding in which such witness testifies by use of closed circuit television pursuant to s. 92.54 . . .

WM. A. HAUSMAN CO. v. UNITED STATES, 260 F. Supp. 860 (Cust. Ct. 1966)

. . . . § 1781; 22 CFR 92.49, 92.54; Rule 28(b), Rules of Civil Procedure; 2 Hackworth, Digest of International . . .

Wm. A. Co. v., 57 Cust. Ct. 391 (Cust. Ct. 1966)

. . . to a foreign court asking that the witness be examined by the court. 28 U.S.C. 1781; 22 CFR 92.49, 92.54 . . .

In MACKENZIE, 132 F. 114 (D. Conn. 1904)

. . . Mackenzie, and in the case of every item but one of $92.54 it was shown to have been withdrawn for the . . .