Fla. R. Crim. P. 3.116

(a) Definitions. The definitions for the terms “audio

communication technology,” “audio-video communication

technology,” and “communication technology” in Florida Rule of

General Practice and Judicial Administration 2.530(a) apply to this

rule and to other rules in the Florida Rules of Criminal Procedure

that use those terms.

(b) Generally. Use of communication technology in

proceedings subject to the Florida Rules of Criminal Procedure is

governed by this rule, except that rules 3.130(a), 3.132(j), 3.160(a),

3.180(b), 3.220(h), and 3.851(f) govern the use of audio-video

communication technology in the manner authorized by those

rules.

(c) Pretrial Conferences. A judge may, upon the court’s

own motion or upon the written request of a party, direct that

communication technology be used 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, the defendant or the defendant’s

counsel must waive the defendant’s physical attendance at the

pretrial conference pursuant to rules 3.180(a)(3) and 3.220(o)(1). A

judge must give notice to the parties and consider any objections

they may have to the use of communication technology before

directing that communication technology be used. The decision to

use communication technology over the objection of parties will be

in the discretion of the trial court, except as noted below.

(1) Non-Evidentiary Pretrial Conferences. A judge must

grant a request to use communication technology for a non-evidentiary pretrial conference scheduled for 30 minutes or less

unless the judge determines that good cause exists to deny the

request.

(d) Testimony.

(1) Generally. A judge may allow testimony to be taken

through communication technology if all parties consent.

(2) Procedure. Any party desiring to present testimony

through communication technology must, prior to the hearing or

trial at which the testimony is to be presented, contact all parties to

determine whether each party consents to this form of testimony.

The party seeking to present the testimony must move for

permission to present testimony through communication

technology, which motion must set forth good cause as to why the

testimony should be allowed in this form.

(3) Oath. The oath must be administered for testimony

taken through communication technology in the manner provided

by Florida Rule of General Practice and Judicial Administration

2.530(b)(2)(B).

(4) Confrontation Rights. The defendant must make an

informed waiver of any otherwise applicable confrontation rights.

(e) Burden of Expense. The cost for the use of the

communication technology is the responsibility of the requesting

party unless otherwise directed by the court.

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.