HB 0523

1
A bill to be entitled
2An act relating to evidence; repealing s. 90.602, F.S.,
3relating to testimony of interested persons regarding oral
4communication with a deceased or mentally incompetent
5person; amending s. 90.804, F.S.; providing a hearsay
6exception for statements made by declarants unavailable
7due to death, illness, or infirmity that are similar to
8statements previously admitted; providing an effective
9date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Section 90.602, Florida Statutes, is repealed.
14     Section 2.  Paragraph (e) is added to subsection (2) of
15section 90.804, Florida Statutes, to read:
16     90.804  Hearsay exceptions; declarant unavailable.--
17     (2)  HEARSAY EXCEPTIONS.--The following are not excluded
18under s. 90.802, provided that the declarant is unavailable as a
19witness:
20     (e)  Statement by deceased or ill declarant similar to one
21previously admitted.--If a declarant is unavailable as provided
22in paragraph (1)(d), a written or oral statement made regarding
23the same subject matter as another statement made by the
24declarant that has previously been admitted in evidence.
25     Section 3.  This act shall take effect July 1, 2005.


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