Senate Bill sb0988

    Florida Senate - 2005                                   SB 988

    By Senator Campbell





    32-994-05                                           See HB 523

  1                      A bill to be entitled

  2         An act relating to evidence; repealing s.

  3         90.602, F.S., relating to testimony of

  4         interested persons regarding oral communication

  5         with a deceased or mentally incompetent person;

  6         amending s. 90.804, F.S.; providing a hearsay

  7         exception for statements made by declarants

  8         unavailable due to death, illness, or infirmity

  9         that are similar to statements previously

10         admitted; providing an effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Section 90.602, Florida Statutes, is

15  repealed.

16         Section 2.  Paragraph (e) is added to subsection (2) of

17  section 90.804, Florida Statutes, to read:

18         90.804  Hearsay exceptions; declarant unavailable.--

19         (2)  HEARSAY EXCEPTIONS.--The following are not

20  excluded under s. 90.802, provided that the declarant is

21  unavailable as a witness:

22         (e)  Statement by deceased or ill declarant similar to

23  one previously admitted.--If a declarant is unavailable as

24  provided in paragraph (1)(d), a written or oral statement made

25  regarding the same subject matter as another statement made by

26  the declarant that has previously been admitted in evidence.

27         Section 3.  This act shall take effect July 1, 2005.

28  

29  

30  

31  

                                  1

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