RULE 2.530. COMMUNICATION TECHNOLOGY

(a) Definitions. The following definitions apply to this rule:

(1) “Audio communication technology” means electronic
devices, systems, applications, or platforms that permit all
participants to hear and speak to all other participants in real time.

(2) “Audio-video communication technology” means
electronic devices, systems, applications, or platforms that permit
all participants to hear, see, and speak to all other participants in
real time.

(3) “Communication technology” means audio
communication technology or audio-video communication
technology.

(4) “Court official” means a county or circuit court
judge, general magistrate, special magistrate, or hearing officer.

(b) Generally. Unless governed by another rule of procedure
or general law and with the exception of civil proceedings for
involuntary commitment pursuant to section 394.467, Florida
Statutes, communication technology may be used for all
proceedings before a court official, as provided by this rule. Subject
to subdivision (b)(1) or (b)(2), if applicable, a court official may
authorize the use of communication technology for the presentation
of testimony or for other participation in a proceeding upon the
written motion of a party or at the discretion of the court official.
Reasonable advance notice of the specific form of communication
technology to be used and directions for access to the
communication technology must be provided in the written motion
or in a written notice from the court official exercising discretion.
The motion or notice must be served on all who are entitled to
notice of the proceeding. A party may file an objection in writing to
the use of communication technology within 10 days after service of
the motion or notice or within such other period as may be directed
by the court official. A party waives objections to the use of
communication technology by failing to timely object to the motion
or notice unless, before the date of the proceeding, the party
establishes good cause for the failure to timely object. A courtesy
copy of the written motion or objection must be provided to the
court official in an electronic or a paper format as directed by the
court official. The court official must consider any objection before
authorizing the use of communication technology. The decision to
authorize the use of communication technology over objection shall
be in the discretion of the court official.

(1) Non-Evidentiary Proceedings. A court official must
grant a motion to use communication technology for a non-
evidentiary proceeding scheduled for 30 minutes or less unless the
court official determines that good cause exists to deny the motion.

(2) Testimony.

(A) Procedure. A written motion by a party to
present testimony through communication technology must set
forth good cause why the testimony should be allowed in the
specific form requested and must specify whether each party
consents to the form requested. In determining whether good cause
exists, the court official may consider, without limitation, the
technological capabilities of the courtroom, how the presentation of
testimony through communication technology advances the
proceeding or case to resolution, the consent of the parties, the
time-sensitivity of the matter, the nature of the relief sought and the
amount in controversy in the case, the resources of the parties, the
anticipated duration of the testimony, the need and ability to review
and identify documents during testimony, the probative value of the
testimony, the geographic location of the witness, the cost and
inconvenience in requiring the physical presence of the witness, the
need to observe the demeanor of the witness, the potential for
unfair surprise, and any other matter relevant to the request.

(B) Administration of the Oath. Before testimony
may be presented through communication technology, the oath
must be administered to the witness as provided in this
subdivision.

(i) Persons Administering the Oath is
Physically Present with the Witness. An oath may be administered
to a witness testifying through communication technology by a
person who is physically present with the witness if the person is
authorized to administer oaths in the witness’s jurisdiction and the
oath is administered consistent with the laws of that jurisdiction.

(ii) Person Administering the Oath is not
Physically Present with the Witness. An oath may be administered
to a witness testifying through audio-video communication
technology by a person who is not physically present with the
witness if the person is authorized to administer oaths in the State
of Florida and the oath is administered through audio-video
communication technology in a manner consistent with the general
laws of the State of Florida. If the witness is not located in the State
of Florida, the witness must consent to be bound by an oath
administered under the general laws of the State of Florida.

(C) Limitation on the Form of Communication
Technology Used. If the use of communication technology is
authorized under this rule for a proceeding in which the mental
capacity or competency of a person is at issue, only audio-video
communication technology may be used for the presentation of
testimony by that person.

(c) Use by Jurors. At the discretion of a chief judge, an
administrative judge, or a county or circuit court judge, prospective
jurors may participate, prior to the beginning of voir dire, through
communication technology in a court proceeding to determine
whether the prospective jurors will be disqualified, be excused, or
have their jury duty postponed. If authorized by another rule of
procedure, prospective jurors may participate in voir dire and
empaneled jurors may participate in a trial through audio-video
communication technology.

(d) Burden of Expense. Unless otherwise directed by the
court, the cost for the use of audio-video communication technology
is the responsibility of the requesting party, subject to allocation or
taxation as costs.

(e) Override of Family Violence Indicator. Communication
technology may be used for a hearing on a petition to override a
family violence indicator under Florida Family Law Rule of
Procedure 12.650.