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 Section 90.602, Florida Statutes, is repealed.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