Florida Juvenile Procedure Rule 8.100
RULE 8.100. GENERAL PROVISIONS FOR HEARINGS
Unless otherwise provided, the following provisions apply to all
hearings:
(a) Presence of the Child. The child shall be present unless
the court finds that the child’s mental or physical condition is such
that a court appearance is not in the child’s best interests.
(b) Use of Restraints on the Child. Instruments of
restraint, such as handcuffs, chains, irons, straitjackets, cloth and
leather restraints, or other similar items, shall not be used on a
child during a court proceeding except when ordered by the court
prior to the child’s appearance in the courtroom in accordance with
this rule. Instruments of restraint must be removed prior to the
child’s appearance unless after an individualized assessment of the
child the court finds that:
(1) The use of restraints is necessary due to one of the
following factors:
(A) to prevent physical harm to the child or
another person;
(B) the child’s history of disruptive courtroom
behavior that has placed others in potentially harmful situations or
that presents a substantial risk of inflicting physical harm or
himself or herself or others as evidenced by recent behavior; or
(C) a founded belief that the child presents a
substantial risk of flight from the courtroom; and
(2) There are no less restrictive alternatives to
restraints that will prevent flight or physical harm to the child or
another person, including, but not limited to, the presence of court
personnel, law enforcement officers, or bailiffs.
(3) In making a determination that the use of
instruments of restraint is necessary, pursuant to subdivision
(b)(1), the court shall consider:
(A) any past escapes or attempted escapes by the
child;
(B) evidence of a present plan of escape by the
child;
(C) a credible threat by the child to harm himself
or herself or another person during court;
(D) evidence of self-injurious behavior on part of
the child; and
(E) any other factor that is relevant in determining
whether the use of instruments of restraint are necessary pursuant
to subdivision (b)(1).
(4) The court shall provide the child’s attorney an
opportunity to be heard before the court orders the use of
restraints. Counsel shall be appointed for this hearing if the child
qualifies for such appointment and does not waive counsel in
writing as required by rule 8.165.
(5) If restraints are ordered, the court shall make
specific and individualized findings of fact in support of the order
and the least restrictive restraints shall be used. Any restraints
shall allow the child limited movement of his or her hands to read
and handle documents and writings necessary to the hearing.
(6) Under no circumstances should a child be
restrained using fixed restraints to a wall, floor, or furniture.
(c) Absence of the Child. If the child is present at the
beginning of a hearing and during the progress of the hearing
voluntarily absents himself or herself from the presence of the court
without leave of the court, or is removed from the presence of the
court because of disruptive conduct during the hearing, the hearing
shall not be postponed or delayed, but shall proceed in all respects
as if the child were present in court at all times.
(d) Invoking the Rule. Prior to the examination of any
witness the court may, and on the request of any party in an
adjudicatory hearing shall, exclude all other witnesses. The court
may cause witnesses to be kept separate and to be prevented from
communicating with each other until all are examined.
(e) Conducting Hearings. Except as otherwise provided in
these rules, proceedings must be conducted as follows.
(1) Evidentiary proceedings must be conducted in
person unless the parties agree that a proceeding should be
conducted remotely or conducted in a hybrid format, or the court so
orders upon good cause shown.
(2) All other proceedings may be conducted remotely or
in a hybrid format upon agreement of the parties or by court order
unless good cause is otherwise shown.
(3) The court may consider the following factors in
determining whether good cause exists: the consent of the parties,
the time-sensitivity of the matter, the nature of the relief sought,
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 witnesses, the cost and inconvenience in
requiring the physical presence of the witnesses, the need for
confrontation of the witnesses, the need to observe the demeanor of
the witnesses, the potential for unfair surprise, and any other
matter relevant to the request.
(4) A party who participates in a hearing conducted
remotely or conducted in a hybrid format must be given the
opportunity to privately and confidentially communicate with
counsel during the proceedings.
(f) Taking Testimony.
(1) Testimony at a Hearing or Trial. When testifying at a
hearing or trial, a witness must be physically present unless
otherwise provided by law or these rules.
(2) Remote Testimony. Upon stipulation of the parties,
or upon motion of a party for good cause shown, the court may
permit a witness to testify at delinquency proceedings by
contemporaneous audio-video communication technology that
makes the witness visible during the testimony to all parties, the
judge, and any other necessary persons. In determining good
cause, the court must consider whether the child’s right to
confrontation is preserved.
(3) Administration of the Oath. Before testimony may be
presented through audio-video communication technology, the oath
must be administered to the witness as provided in this
subdivision.
(i) Person 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.
(g) Continuances. The court may grant a continuance
before or during a hearing for good cause shown by any party.
(h) Record of Testimony. A record of the testimony in all
hearings shall be made by an official court reporter, a court
approved stenographer, or a recording device. The records shall be
preserved for 5 years from the date of the hearing. Official records of
testimony shall be provided only on request of a party or a party’s
attorney or on a court order.
(i) Notice. When these rules do not require a specific notice,
all parties will be given reasonable notice of any hearing.
Unless otherwise provided, the following provisions apply to all
hearings:
(a) Presence of the Child. The child shall be present unless
the court finds that the child’s mental or physical condition is such
that a court appearance is not in the child’s best interests.
(b) Use of Restraints on the Child. Instruments of
restraint, such as handcuffs, chains, irons, straitjackets, cloth and
leather restraints, or other similar items, shall not be used on a
child during a court proceeding except when ordered by the court
prior to the child’s appearance in the courtroom in accordance with
this rule. Instruments of restraint must be removed prior to the
child’s appearance unless after an individualized assessment of the
child the court finds that:
(1) The use of restraints is necessary due to one of the
following factors:
(A) to prevent physical harm to the child or
another person;
(B) the child’s history of disruptive courtroom
behavior that has placed others in potentially harmful situations or
that presents a substantial risk of inflicting physical harm or
himself or herself or others as evidenced by recent behavior; or
(C) a founded belief that the child presents a
substantial risk of flight from the courtroom; and
(2) There are no less restrictive alternatives to
restraints that will prevent flight or physical harm to the child or
another person, including, but not limited to, the presence of court
personnel, law enforcement officers, or bailiffs.
(3) In making a determination that the use of
instruments of restraint is necessary, pursuant to subdivision
(b)(1), the court shall consider:
(A) any past escapes or attempted escapes by the
child;
(B) evidence of a present plan of escape by the
child;
(C) a credible threat by the child to harm himself
or herself or another person during court;
(D) evidence of self-injurious behavior on part of
the child; and
(E) any other factor that is relevant in determining
whether the use of instruments of restraint are necessary pursuant
to subdivision (b)(1).
(4) The court shall provide the child’s attorney an
opportunity to be heard before the court orders the use of
restraints. Counsel shall be appointed for this hearing if the child
qualifies for such appointment and does not waive counsel in
writing as required by rule 8.165.
(5) If restraints are ordered, the court shall make
specific and individualized findings of fact in support of the order
and the least restrictive restraints shall be used. Any restraints
shall allow the child limited movement of his or her hands to read
and handle documents and writings necessary to the hearing.
(6) Under no circumstances should a child be
restrained using fixed restraints to a wall, floor, or furniture.
(c) Absence of the Child. If the child is present at the
beginning of a hearing and during the progress of the hearing
voluntarily absents himself or herself from the presence of the court
without leave of the court, or is removed from the presence of the
court because of disruptive conduct during the hearing, the hearing
shall not be postponed or delayed, but shall proceed in all respects
as if the child were present in court at all times.
(d) Invoking the Rule. Prior to the examination of any
witness the court may, and on the request of any party in an
adjudicatory hearing shall, exclude all other witnesses. The court
may cause witnesses to be kept separate and to be prevented from
communicating with each other until all are examined.
(e) Conducting Hearings. Except as otherwise provided in
these rules, proceedings must be conducted as follows.
(1) Evidentiary proceedings must be conducted in
person unless the parties agree that a proceeding should be
conducted remotely or conducted in a hybrid format, or the court so
orders upon good cause shown.
(2) All other proceedings may be conducted remotely or
in a hybrid format upon agreement of the parties or by court order
unless good cause is otherwise shown.
(3) The court may consider the following factors in
determining whether good cause exists: the consent of the parties,
the time-sensitivity of the matter, the nature of the relief sought,
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 witnesses, the cost and inconvenience in
requiring the physical presence of the witnesses, the need for
confrontation of the witnesses, the need to observe the demeanor of
the witnesses, the potential for unfair surprise, and any other
matter relevant to the request.
(4) A party who participates in a hearing conducted
remotely or conducted in a hybrid format must be given the
opportunity to privately and confidentially communicate with
counsel during the proceedings.
(f) Taking Testimony.
(1) Testimony at a Hearing or Trial. When testifying at a
hearing or trial, a witness must be physically present unless
otherwise provided by law or these rules.
(2) Remote Testimony. Upon stipulation of the parties,
or upon motion of a party for good cause shown, the court may
permit a witness to testify at delinquency proceedings by
contemporaneous audio-video communication technology that
makes the witness visible during the testimony to all parties, the
judge, and any other necessary persons. In determining good
cause, the court must consider whether the child’s right to
confrontation is preserved.
(3) Administration of the Oath. Before testimony may be
presented through audio-video communication technology, the oath
must be administered to the witness as provided in this
subdivision.
(i) Person 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.
(g) Continuances. The court may grant a continuance
before or during a hearing for good cause shown by any party.
(h) Record of Testimony. A record of the testimony in all
hearings shall be made by an official court reporter, a court
approved stenographer, or a recording device. The records shall be
preserved for 5 years from the date of the hearing. Official records of
testimony shall be provided only on request of a party or a party’s
attorney or on a court order.
(i) Notice. When these rules do not require a specific notice,
all parties will be given reasonable notice of any hearing.