RULE 8.104. TESTIMONY BY CLOSED-CIRCUIT TELEVISION
OR AUDIO-VIDEO COMMUNICATION
TECHNOLOGY

(a) Requirements for Use. In any case the trial court may
order the testimony of a victim or witness under the age of 18 to be
taken outside the courtroom and shown by means of closed-circuit
television or, at the discretion of the court, by audio-video
communication technology 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 or remote hearing
room during the recording of the testimony.

(d) Presence of Defendant Child. During the testimony of
the victim or witness by closed-circuit television or other audio-
video communication technology, the court may require the
defendant child to view the testimony from the courtroom or via
audio-video communication technology. 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).