Fla. R. Gen. Prac. & Jud. Admin. 2.530

(a) Definitions. The following definitions apply to this rule:

(1) “Audio communication technology” means electronic

devices, systems, applications, or platforms that permit all

participants to hear and speak to all other participants in real time.

(2) “Audio-video communication technology” means

electronic devices, systems, applications, or platforms that permit

all participants to hear, see, and speak to all other participants in

real time.

(3) “Communication technology” means audio

communication technology or audio-video communication

technology.

(4) “Court official” means a county or circuit court

judge, general magistrate, special magistrate, or hearing officer.

(b) Generally. Unless governed by another rule of procedure

or general law and with the exception of civil proceedings for

involuntary commitment pursuant to section 394.467, Florida

Statutes, communication technology may be used for all

proceedings before a court official, as provided by this rule. Subject

to subdivision (b)(1) or (b)(2), if applicable, a court official may

authorize the use of communication technology for the presentation

of testimony or for other participation in a proceeding upon the

written motion of a party or at the discretion of the court official.

Reasonable advance notice of the specific form of communication

technology to be used and directions for access to the

communication technology must be provided in the written motion

or in a written notice from the court official exercising discretion.

The motion or notice must be served on all who are entitled to

notice of the proceeding. A party may file an objection in writing to

the use of communication technology within 10 days after service of

the motion or notice or within such other period as may be directed

by the court official. A party waives objections to the use of

communication technology by failing to timely object to the motion

or notice unless, before the date of the proceeding, the party

establishes good cause for the failure to timely object. A courtesy

copy of the written motion or objection must be provided to the

court official in an electronic or a paper format as directed by the

court official. The court official must consider any objection before

authorizing the use of communication technology. The decision to

authorize the use of communication technology over objection shall

be in the discretion of the court official.

(1) Non-Evidentiary Proceedings. A court official must

grant a motion to use communication technology for a non-evidentiary proceeding scheduled for 30 minutes or less unless the

court official determines that good cause exists to deny the motion.

(2) Testimony.

(A) Procedure. A written motion by a party to

present testimony through communication technology must set

forth good cause why the testimony should be allowed in the

specific form requested and must specify whether each party

consents to the form requested. In determining whether good cause

exists, the court official may consider, without limitation, the

technological capabilities of the courtroom, how the presentation of

testimony through communication technology advances the

proceeding or case to resolution, the consent of the parties, the

time-sensitivity of the matter, the nature of the relief sought and the

amount in controversy in the case, the resources of the parties, the

anticipated duration of the testimony, the need and ability to review

and identify documents during testimony, the probative value of the

testimony, the geographic location of the witness, the cost and

inconvenience in requiring the physical presence of the witness, the

need to observe the demeanor of the witness, the potential for

unfair surprise, and any other matter relevant to the request.

(B) Administration of the Oath. Before testimony

may be presented through communication technology, the oath

must be administered to the witness as provided in this

subdivision.

(i) Persons Administering the Oath is

Physically Present with the Witness. An oath may be administered

to a witness testifying through communication technology by a

person who is physically present with the witness if the person is

authorized to administer oaths in the witness’s jurisdiction and the

oath is administered consistent with the laws of that jurisdiction.

(ii) Person Administering the Oath is not

Physically Present with the Witness. An oath may be administered

to a witness testifying through audio-video communication

technology by a person who is not physically present with the

witness if the person is authorized to administer oaths in the State

of Florida and the oath is administered through audio-video

communication technology in a manner consistent with the general

laws of the State of Florida. If the witness is not located in the State

of Florida, the witness must consent to be bound by an oath

administered under the general laws of the State of Florida.

(C) Limitation on the Form of Communication

Technology Used. If the use of communication technology is

authorized under this rule for a proceeding in which the mental

capacity or competency of a person is at issue, only audio-video

communication technology may be used for the presentation of

testimony by that person.

(c) Use by Jurors. At the discretion of a chief judge, an

administrative judge, or a county or circuit court judge, prospective

jurors may participate, prior to the beginning of voir dire, through

communication technology in a court proceeding to determine

whether the prospective jurors will be disqualified, be excused, or

have their jury duty postponed. If authorized by another rule of

procedure, prospective jurors may participate in voir dire and

empaneled jurors may participate in a trial through audio-video

communication technology.

(d) Burden of Expense. Unless otherwise directed by the

court, the cost for the use of audio-video communication technology

is the responsibility of the requesting party, subject to allocation or

taxation as costs.

(e) Override of Family Violence Indicator. Communication

technology may be used for a hearing on a petition to override a

family violence indicator under Florida Family Law Rule of

Procedure 12.650.