Florida Senate - 2012                              CS for SB 782
       
       
       
       By the Committee on Judiciary; and Senator Bennett
       
       
       
       
       590-03549-12                                           2012782c1
    1                        A bill to be entitled                      
    2         An act relating to the Florida Evidence Code; amending
    3         s. 90.804, F.S.; providing that a statement offered
    4         against a party that wrongfully caused the declarant’s
    5         unavailability is not excluded as hearsay; providing
    6         an effective date.
    7  
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraph (f) is added to subsection (2) of
   11  section 90.804, Florida Statutes, to read:
   12         90.804 Hearsay exceptions; declarant unavailable.—
   13         (2) HEARSAY EXCEPTIONS.—The following are not excluded
   14  under s. 90.802, provided that the declarant is unavailable as a
   15  witness:
   16         (f) Statement offered against a party that wrongfully
   17  caused the declarant’s unavailability.—A statement offered
   18  against a party that wrongfully caused, or acquiesced in
   19  wrongfully causing, the declarant’s unavailability as a witness,
   20  and did so intending that result.
   21         Section 2. This act shall take effect upon becoming a law.