| 1 | The Judiciary Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to evidence; repealing s. 90.602, F.S., |
| 7 | relating to testimony of interested persons regarding oral |
| 8 | communication with a deceased or mentally incompetent |
| 9 | person; amending s. 90.804, F.S.; providing a hearsay |
| 10 | exception for statements made by declarants unavailable |
| 11 | due to death, illness, or infirmity that are similar to |
| 12 | statements previously offered by an adverse party and |
| 13 | admitted; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Section 90.602, Florida Statutes, is repealed. |
| 18 | Section 2. Paragraph (e) is added to subsection (2) of |
| 19 | section 90.804, Florida Statutes, to read: |
| 20 | 90.804 Hearsay exceptions; declarant unavailable.-- |
| 21 | (2) HEARSAY EXCEPTIONS.--The following are not excluded |
| 22 | under s. 90.802, provided that the declarant is unavailable as a |
| 23 | witness: |
| 24 | (e) Statement by deceased or ill declarant similar to one |
| 25 | previously admitted.--If a declarant is unavailable as provided |
| 26 | in paragraph (1)(d), a written or oral statement made regarding |
| 27 | the same subject matter as another statement made by the |
| 28 | declarant that has previously been offered by an adverse party |
| 29 | and admitted in evidence. |
| 30 | Section 3. This act shall take effect July 1, 2005. |