HB 1015 Summary

• Creates Section 985.326, Florida Statutes, establishing procedures for depositions in juvenile delinquency proceedings that may be taken at any time after petition filing.

• Specifies deposition locations based on witness residence: in the adjudicatory hearing building or agreed location for in-county witnesses, and in a court reporter's office in the witness's county/state for out-of-county witnesses.

• Restricts deposition rights by witness category: child may depose Category A witnesses only with court leave, may freely depose unlisted witnesses, and petitioner may depose child's listed witnesses only with court leave; Category B and C witnesses cannot be deposed without court permission.

• Prohibits depositions in misdemeanor and criminal traffic offense cases when all other discovery has been provided, with courts considering case complexity, consequences to the child, and alternative discovery methods.

• Requires video recording of all depositions of children under age 16 upon party demand unless court orders otherwise, and permits video recordings for witnesses with fragile emotional strength to be shown to the trial judge or special magistrate.

• Effective July 1, 2011.