CODING: Words stricken are deletions; words underlined are additions.
House Bill 1597c1




    Florida House of Representatives - 1997             CS/HB 1597

        By the Committee on Civil Justice & Claims and
    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.

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

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  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 or her to

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

29  her agent or servant concerning a matter within the scope of

30  the agency or employment thereof, made during the existence of

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    Florida House of Representatives - 1997             CS/HB 1597

    686-112-97






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

  2  during 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;

  7         3.  The testimony is not inadmissible pursuant to the

  8  court's discretion under s. 90.402 or s. 90.403; and

  9         4.a.  The party against whom the testimony is now

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

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

12  examination; or

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

14  interest.

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

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