Fl. R. Crim. P. 3.116
Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19 Note
2022 Adoption. This rule is created to authorize the use of communication technology for criminal proceedings while safeguarding the rights of the accused. It is based on Florida Rule of General Practice and Judicial Administration 2.530, as amended by In re Amends. to Fla. Rules of Jud. Admin., 73 So. 3d 210, 211 (Fla. 2011), but updates and revises the text of that version of the rule to:
(1) use the terms "audio communication technology," "audio-video communication technology," and "communication technology";
(2) identify other rules in the Florida Rules of Criminal Procedure that will continue to govern the use of audio-video communication technology under specified circumstances;
(3) consolidate subdivisions (b) and (c) of rule 2.530, as amended in 2011, to recognize proposed amended rules 3.180(a)(3) and 3.220(o) (1) and provide that a court may, on its own motion or the written request of a party, direct the use of communication technology by one or more parties for attendance at a pretrial conference, except that, before a judge may direct that the defendant participate in the pretrial conference using communication technology, a waiver of the defendant's physical attendance must be obtained pursuant to rules 3.180(a)(3) and 3.220(o)(1);
(4) substitute the term "a pretrial conference" for the phrase "a motion hearing, pretrial conference, or a status conference" used in subdivision (b) of rule 2.530, as amended in 2011, because case law has construed the term in the context of rules 3.180(a)(3) and 3.220(o)(1) as including a motion hearing and a status conference; and
(5) add authority for the oath to be administered to a witness who is testifying through audio-video communication technology by an authorized person who is not physically present with the witness subject to specified requirements.