HB 0523CS

CHAMBER ACTION




1The Justice Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to evidence; repealing s. 90.602, F.S.,
7relating to testimony of interested persons regarding oral
8communication with a deceased or mentally incompetent
9person; amending s. 90.804, F.S.; providing a hearsay
10exception in specified actions or proceedings for a
11statement made by a declarant who is unavailable due to
12death, illness, or infirmity regarding the same subject
13matter as a statement made by the declarant that was
14previously offered by an adverse party and admitted;
15providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Section 90.602, Florida Statutes, is repealed.
20     Section 2.  Paragraph (e) is added to subsection (2) of
21section 90.804, Florida Statutes, to read:
22     90.804  Hearsay exceptions; declarant unavailable.--
23     (2)  HEARSAY EXCEPTIONS.--The following are not excluded
24under s. 90.802, provided that the declarant is unavailable as a
25witness:
26(e)  Statement by deceased or ill declarant similar to one
27previously admitted.--In an action or proceeding brought against
28the personal representative, heir at law, assignee, legatee,
29devisee, or survivor of a deceased person, or against a trustee
30of a trust created by a deceased person, or against the
31assignee, committee, or guardian of a mentally incompetent
32person, when a declarant is unavailable as provided in paragraph
33(1)(d), a written or oral statement made regarding the same
34subject matter as another statement made by the declarant that
35has previously been offered by an adverse party and admitted in
36evidence.
37     Section 3.  This act shall take effect July 1, 2005.


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