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House Bill 0131




    Florida House of Representatives - 1997                 HB 131

        By Representative Lacasa






  1                      A bill to be entitled

  2         An act relating to foreign records of regularly

  3         conducted business activity; amending s. 92.60,

  4         F.S.; providing for admissibility in civil

  5         proceedings of such records under a specified

  6         exception to the hearsay rule; requiring 60

  7         days' written notice of a party's intention to

  8         offer civil trial evidence of such records;

  9         providing an effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Subsections (2) and (4) of section 92.60,

14  Florida Statutes, are amended to read:

15         92.60  Foreign records of regularly conducted business

16  activity.--

17         (2)  In a criminal or civil proceeding in a court of

18  the State of Florida, a foreign record of regularly conducted

19  business activity, or a copy of such record, shall not be

20  excluded as evidence by the hearsay rule if a foreign

21  certification attests that:

22         (a)  Such record was made at or near the time of the

23  occurrence of the matters set forth by, or from information

24  transmitted by, a person with knowledge of those matters;

25         (b)  Such record was kept in the course of a regularly

26  conducted business activity;

27         (c)  The business activity made such a record as a

28  regular practice; and

29         (d)  If such record is not the original, it is a

30  duplicate of the original;

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    Florida House of Representatives - 1997                 HB 131

    574-119-97






  1  unless the source of information or the method or

  2  circumstances of preparation indicate lack of trustworthiness.

  3         (4)  At the arraignment or as soon after the

  4  arraignment as practicable, or 60 days prior to a civil trial,

  5  a party intending to offer in evidence under this section a

  6  foreign record of regularly conducted business activity shall

  7  provide written notice of that intention to each other party.

  8  A motion opposing admission in evidence of such record shall

  9  be made by the opposing party and determined by the court

10  before trial.  Failure by a party to file such motion before

11  trial shall constitute a waiver of objection to such record or

12  duplicate, but the court for cause shown may grant relief from

13  the waiver.

14         Section 2.  This act shall take effect July 1, 1997.

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17                          HOUSE SUMMARY

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      Provides for admissibility in civil proceedings of
19    foreign records of regularly conducted business activity
      under a specified exception to the hearsay rule.
20    Requires 60 days' written notice prior to the civil trial
      of a party's intention to offer evidence of such records.
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