House Bill hb0211

    Florida House of Representatives - 2001                 HB 211

        By Representative Maygarden






  1                      A bill to be entitled

  2         An act relating to the Florida Evidence Code;

  3         creating s. 90.4026, F.S.; providing

  4         definitions; providing for the inadmissibility

  5         of certain statements, writings, or benevolent

  6         gestures as evidence of an admission of

  7         liability in a civil action; providing for the

  8         admissibility of certain statements of fault;

  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.  Section 90.4026, Florida Statutes, is

14  created to read:

15         90.4026  Statements expressing sympathy; admissibility;

16  definitions.--

17         (1)  As used in this section:

18         (a)  "Accident" means an occurrence resulting in injury

19  or death to one or more persons which is not the result of

20  willful action by a party.

21         (b)  "Benevolent gestures" means actions which convey a

22  sense of compassion or commiseration emanating from human

23  impulses.

24         (c)  "Family" means the spouse, parent, grandparent,

25  stepmother, stepfather, child, grandchild, brother, sister,

26  half brother, half sister, adopted child of parent, or

27  spouse's parent of an injured party.

28         (2)  The portion of statements, writings, or benevolent

29  gestures expressing sympathy or a general sense of benevolence

30  relating to the pain, suffering, or death of a person involved

31  in an accident and made to that person or to the family of

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    Florida House of Representatives - 2001                 HB 211

    555-149-01






  1  that person shall be inadmissible as evidence of an admission

  2  of liability in a civil action. A statement of fault, however,

  3  which is part of, or in addition to, any of the above shall be

  4  admissible pursuant to this section.

  5         Section 2.  This act shall take effect upon becoming a

  6  law.

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  9                          HOUSE SUMMARY

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      Provides that the portion of statements, writings, or
11    benevolent gestures expressing sympathy or a general
      sense of benevolence relating to the pain, suffering, or
12    death of a person involved in an accident and made to
      that person or to the family of that person shall be
13    inadmissible as evidence of an admission of liability in
      a civil action. Provides that a statement of fault, which
14    is part of, or in addition to, such statements, writings,
      or gestures shall be admissible. See bill for details.
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CODING: Words stricken are deletions; words underlined are additions.