1 | A bill to be entitled |
2 | An act relating to evidence; repealing s. 90.602, F.S., |
3 | relating to testimony of interested persons regarding oral |
4 | communication with a deceased or mentally incompetent |
5 | person; amending s. 90.804, F.S.; providing a hearsay |
6 | exception for statements made by declarants unavailable |
7 | due to death, illness, or infirmity that are similar to |
8 | statements previously admitted; providing an effective |
9 | date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
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13 | Section 1. Section 90.602, Florida Statutes, is repealed. |
14 | Section 2. Paragraph (e) is added to subsection (2) of |
15 | section 90.804, Florida Statutes, to read: |
16 | 90.804 Hearsay exceptions; declarant unavailable.-- |
17 | (2) HEARSAY EXCEPTIONS.--The following are not excluded |
18 | under s. 90.802, provided that the declarant is unavailable as a |
19 | witness: |
20 | (e) Statement by deceased or ill declarant similar to one |
21 | previously admitted.--If a declarant is unavailable as provided |
22 | in paragraph (1)(d), a written or oral statement made regarding |
23 | the same subject matter as another statement made by the |
24 | declarant that has previously been admitted in evidence. |
25 | Section 3. This act shall take effect July 1, 2005. |