CODING: Words stricken are deletions; words underlined are additions.
House Bill 1597




    Florida House of Representatives - 1997                HB 1597

        By Representative Thrasher






  1                      A bill to be entitled

  2         An act relating to evidence; amending s.

  3         90.803, F.S.; providing additional exceptions

  4         to the prohibition against hearsay evidence;

  5         providing an effective date.

  6

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

  8

  9         Section 1.  Subsection (22) of section 90.803, Florida

10  Statutes, 1996 Supplement, is amended to read:

11         90.803  Hearsay exceptions; availability of declarant

12  immaterial.--The provision of s. 90.802 to the contrary

13  notwithstanding, the following are not inadmissible as

14  evidence, even though the declarant is available as a witness:

15         (22)  FORMER TESTIMONY.--Former testimony given by the

16  declarant:

17         (a)  At a civil trial, when used in a retrial of such

18  said trial involving identical parties and the same facts; or.

19         (b)  As a witness at another hearing of the same or a

20  different proceeding, or in a deposition taken in compliance

21  with law in the course of the same or a different proceeding,

22  if:

23         1.  The testimony is the statement of a person whose

24  fault is an issue in the action, in either an individual or a

25  representative capacity; a statement of which he or she has

26  manifested his or her adoption or belief in its truth; a

27  statement by a person specifically authorized by him to make a

28  statement concerning the subject; a statement by his agent or

29  servant concerning a matter within the scope of the agency or

30  employment thereof, made during the existence of the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1997                HB 1597

    505-141C-97






  1  relationship; or a statement by a co-conspirator made during

  2  the course, and in furtherance, of the conspiracy;

  3         2.  The testimony is used in a civil trial to establish

  4  the degree of fault of such person, or to establish the

  5  authenticity of documentary evidence relevant to the degree of

  6  fault of such person; and

  7         3.a.  The party against whom the testimony is now

  8  offered, or another person, had an opportunity and similar

  9  motive to develop the testimony by direct, cross, or redirect

10  examination; or

11         b.  The testimony, when given, was a statement against

12  interest.

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

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16                          SENATE SUMMARY

17    Provides additional exceptions to the prohibition against
      hearsay evidence for former testimony given by a
18    declarant who is a witness at another hearing of the same
      or a different proceeding, or in a deposition in the same
19    or a different proceeding.

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