Return to IndexPURSUANT TO 914.16, FLORIDA
STATUTES, FOR THE REASONABLE
LIMITATION ON THE NUMBER OF
INTERVIEWS A VICTIM OF A VIOLATION
OF 794.011, 800.04, 827.03, OR 827.04,
FLORIDA STATUTES, WHO IS UNDER 16 YEARS
OF AGE MUST SUBMIT TO FOR LAW
ENFORCEMENT OR DISCOVERY PURPOSES.
WHEREAS, efforts should be made to limit the number of interviews a victim of child abuse and sexual abuse under the age of sixteen must participate in for law enforcement or discovery purposes in order to protect the victim from the psychological damage of repeated interrogation; and
WHEREAS, these efforts need to be balanced with rights of the public and the person charged with the violation of law;
NOW, THEREFORE, pursuant to the authority vested in me as Chief Judge of the Eighth Judicial Circuit of Florida and 914.16, Florida Statutes, it is hereby
ORDERED that such efforts shall be made on behalf of the victim under the age of sixteen and shall follow the guidelines as set forth below:
1. There shall be one investigative interview conducted for the purposes of criminal and dependency proceedings. All agencies involved in the investigation of violations of 794.11, 800.04, 827.03, or 827.04, Florida Statutes, shall coordinate their investigations to facilitate this provision. All efforts shall be made to reduce the number of agency representative participating in the interviewing of the child.
2. There shall be one full and complete pre-file interview conducted by or on behalf of the State Attorney's Office.
3. There shall be additionally be one full and complete pretrial interview conducted by or on behalf of the State Attorney's Office.
4. There shall be one discovery deposition permitted to be taken by the representative of the person alleged to be responsible or the abuse, subject to the limitations provided below.
5. Interviews shall be conducted in a setting and manner designed to minimize the traumatic effect of the interview on the victim.
6. Additional interviews shall be allowed only by order of the trial judge upon motion for good cause shown, unless there is no objection to said interview by the victims custodial parent, legal guardian, guardian ad litem or state attorney. Additional interviews shall be limited in scope as much as possible to assure minimal impact on the victim.
"INTERVIEW", for the purposes of this order, means any procedure in which the victim is required to provide a detailed account or demonstration of the nature and circumstances o f the above, but does not include: the history obtained for the Purposes of medical or psychological diagnosis or treatment; any initial contact with the victim by law enforcement, or the Florida Department of Health and Rehabilitative Services, to assess the validity of the complaint or need to take protective measures on behalf of the victim.
Nothing contained in this order shall prevent the trial court from limiting the discovery deposition pursuant to the applicable provisions of Rule 1.280(c) of the Florida Rules of Civil Procedure, Rule 3.220(h), of the Florida Rules of Criminal Procedure, or Rule 8.070 of the Florida Rules of Juvenile Procedure.
DONE AND ORDERED in Chambers at Gainesville, Alachua County, Florida, this 19th day of September, A.D., 1985.
/Signed
CHESTER B. CHANCE
CHIEF JUDGE