Senate Bill sb1884

    Florida Senate - 2004                                  SB 1884

    By Senator Lynn





    7-1561-04                                         See CS/HB 89

  1                      A bill to be entitled

  2         An act relating to evidence; creating s.

  3         90.807, F.S.; providing for admission of

  4         certain evidence otherwise precluded by the

  5         hearsay rule; providing an effective date.

  6  

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

  8  

  9         Section 1.  Section 90.807, Florida Statutes, is

10  created to read:

11         90.807  Residual exception.--A statement not

12  specifically covered by s. 90.803 or s. 90.804 but having

13  equivalent circumstantial guarantees of trustworthiness is not

14  excluded by the hearsay rule if the court determines that:

15         (1)  The statement is offered as evidence of a material

16  fact.

17         (2)  The statement is more probative on the point for

18  which it is offered than any other evidence that the proponent

19  can procure through reasonable efforts.

20         (3)  The general purposes of this code and the

21  interests of justice will best be served by admission of the

22  statement into evidence.

23  

24  However, a statement may not be admitted under this exception

25  unless the proponent of the statement makes known to the

26  adverse party, sufficiently in advance of the trial or hearing

27  to provide the adverse party with a fair opportunity to

28  prepare to meet it, the proponent's intention to offer the

29  statement and the particulars of the statement, including the

30  name and address of the declarant.

31         Section 2.  This act shall take effect July 1, 2004.

                                  1

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