IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.220. (2025)

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.

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).

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.

APPENDIX

FOOTNOTES

1.   We have jurisdiction. See art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(d).

PER CURIAM.

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