| 1 | A bill to be entitled |
| 2 | An act relating to evidence; creating s. 90.807, F.S.; |
| 3 | providing for admission of certain evidence otherwise |
| 4 | precluded by the hearsay rule; providing an effective |
| 5 | date. |
| 6 |
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| 7 | Be It Enacted by the Legislature of the State of Florida: |
| 8 |
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| 9 | Section 1. Section 90.807, Florida Statutes, is created to |
| 10 | read: |
| 11 | 90.807 Residual exception.--A statement not specifically |
| 12 | covered by s. 90.803 or s. 90.804 but having equivalent |
| 13 | circumstantial guarantees of trustworthiness is not excluded by |
| 14 | 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 which |
| 18 | it is offered than any other evidence which the proponent can |
| 19 | procure through reasonable efforts. |
| 20 | (3) The general purposes of this code and the interests of |
| 21 | justice will best be served by admission of the statement into |
| 22 | evidence. |
| 23 |
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| 24 | However, a statement may not be admitted under this exception |
| 25 | unless the proponent of the statement makes known to the adverse |
| 26 | party, sufficiently in advance of the trial or hearing to |
| 27 | provide the adverse party with a fair opportunity to prepare to |
| 28 | meet it, the proponent?s intention to offer the statement and |
| 29 | the particulars of the statement, including the name and address |
| 30 | of the declarant. |
| 31 | Section 2. This act shall take effect July 1, 2004. |