In Re: Amendments to Florida Rule of Criminal Procedure 3.220

Supreme Court of Florida
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No. SC2024-1461
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IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL
PROCEDURE 3.220.

September 4, 2025

PER CURIAM.

The Court on its own motion is considering amendments to

Florida Rule of Criminal Procedure 3.220 (Discovery) in light of

recent changes to section 92.55, Florida Statutes (2022), that went

into effect on July 1, 2023. See ch. 2023-148, §§ 1, 3, Laws of Fla. 1

Chapter 2023-148, Laws of Florida, added new subsection (6) to

section 92.55, which prescribes limitations on the taking of

discovery depositions of a victim of a sexual offense who is under

the age of 16. A proposal was published for comment, and four

comments were received.

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(d).
After considering the comments, we hereby amend rule 3.220

as follows. First, new subdivision (h)(9) provides for motioning the

court to limit interviewing or conducting depositions in the presence

of the defendant as noted in section 92.55(2). New subdivision

(h)(10) provides for a hearing to determine whether a deposition of a

victim of a sexual offense who is under the age of 16 should be

conducted as discussed in section 92.55(6)(a) and (b). New

subdivision (h)(11) provides for a hearing to determine if the

presumption against the taking of a deposition of a victim of a

sexual offense who is under the age of 12 is overcome as addressed

in section 92.55(6)(c). New subdivision (h)(12) lists limitations or

specific conditions a court may order as contemplated by section

92.55(6)(d). Finally, new subdivision (h)(13) requires a written order

finding whether the deposition requested under subdivision (h)(10)

or (h)(11) is authorized and specifying any limitations or conditions

as noted in section 92.55(6)(e).

Additionally, the Court will request that The Florida Bar’s

Juvenile Court Rules Committee consider whether changes

consistent with these amendments should be made to Florida Rule

of Juvenile Procedure 8.060(d).

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The Court hereby amends the Florida Rules of Criminal

Procedure as reflected in the appendix to this opinion. New

language is indicated by underscoring; deletions are indicated by

struck-through type. The amendments to the rule shall become

effective October 1, 2025, at 12:01 a.m.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
FRANCIS, and SASSO, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Criminal Procedure

Katelyn Knaak Johnston, Chair, Criminal Procedure Rules
Committee, Jacksonville, Florida, Hon. Laura E. Ward, Past Chair,
Criminal Procedure Rules Committee, Tampa, Florida, Joshua E.
Doyle, Executive Director, The Florida Bar, Tallahassee, Florida,
and Kelly Smith, Staff Liaison, The Florida Bar, Tallahassee,
Florida; James Uthmeier, Attorney General, and Jeffrey Paul
DeSousa, Chief Deputy Solicitor General, Office of the Attorney
General, Tallahassee, Florida; Hon. Angélica D. Zayas, Chair,
Juvenile Court Rules Committee, Miami, Florida, and Sarah J.
Rumph, Past Chair, Juvenile Court Rules Committee, Tallahassee,
Florida; and Douglas A. Wyler of Jacobs Scholz & Wyler, LLC, on
behalf of Florida Prosecuting Attorneys Association, Inc.,
Fernandina Beach, Florida,

Responding with comments

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APPENDIX

RULE 3.220. DISCOVERY

(a) – (g) [No Change]

(h) Discovery Depositions.

(1) – (8) [No Change]

(9) On motion of any party, parent, guardian, attorney,
guardian ad litem, or other advocate for a victim or witness under
the age of 18, a person who has an intellectual disability, or a
sexual offense victim or witness, or on the court’s own motion, the
court can limit interviewing or the conducting of depositions in the
presence of the defendant. The court must consider any fact the
court deems relevant, not limited to age, nature of the offense,
relationship to the defendant, and degree of emotional trauma that
could result as a consequence of the defendant’s presence.

(10) Deposition of a victim of a sexual offense who is
under the age of 16. A party seeking to take a deposition under this
subdivision must file a written motion with the court. Within 30
days of the filing of the written motion unless agreed upon by the
parties or for good cause shown, the court must conduct a hearing
to determine whether to order the deposition to be conducted. In
determining whether to order the deposition to be conducted, the
court must consider:

(A) the mental and physical age and maturity of
the victim;

(B) the nature and duration of the offense;

(C) the relationship of the victim to the defendant;

(D) the complexity of the issues involved;

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(E) whether the evidence sought is reasonably
available by other means, including whether the victim was the
subject of a forensic interview related to the sexual offense; and

(F) any other factors the court deems relevant to
ensure the protection of the victim and the integrity of the judicial
process.

(11) Deposition of a victim of a sexual offense who is
under the age of 12. There is a presumption that the taking of a
deposition of a victim of a sexual offense who is under the age of 12
is inappropriate if the state has not filed a notice of intent to seek
the death penalty and a forensic interview of the sexual offense
victim is available to the defendant. In making that determination,
the court may consider the factors set forth in subdivision (h)(9) of
this rule. A party seeking to take a deposition under this
subdivision must file a written motion with the court. Within 30
days of the filing of the written motion unless agreed upon by the
parties or for good cause shown, the court must conduct a hearing
to determine whether to order the deposition to be conducted.

(12) Limitations or conditions on manner and scope of
deposition. If the court orders the deposition to be conducted
pursuant to subdivision (h)(10) or (11), the court may order
limitations or specific conditions such as:

(A) requiring the defendant to submit proposed
deposition questions to the court for approval prior to commencing
the deposition;

(B) setting the time and place of the deposition;

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(C) permitting or prohibiting any person from
attending the victim’s deposition;

(D) limiting the duration of the deposition; or

(E) any other conditions the court finds just and
appropriate.

(13) Court order. The court must enter a written order
finding whether the taking of a deposition under subdivision (h)(10)
or (11) is authorized, and the written order must specify any
limitations to the manner or scope of the taking of the victim’s
deposition.

(i) – (o) [No Change]

Committee Notes

[No Change]

Court Commentary

[No Change]

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