Bill Amendment: FL S0764 | 2014 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: Hearsay

Status: 2014-05-02 - Died on Calendar [S0764 Detail]

Download: Florida-2014-S0764-Senate_Floor_Amendment_971002.html

---

       Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 764
       
       
       
       
       
       
                                Ì971002bÎ971002                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 2/TP/3R         .                                
             04/24/2014 05:47 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Simmons moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 9 - 37
    4  and insert:
    5         Section 1. Section 90.807, Florida Statutes, is created to
    6  read:
    7         90.807 Residual exception.—A statement not specifically
    8  covered by s. 90.803 or s. 90.804 but having equivalent
    9  circumstantial guarantees of trustworthiness is not excluded by
   10  the hearsay rule if the court determines that:
   11         (1) The statement is offered as evidence of a material
   12  fact;
   13         (2) The statement is more probative on the point for which
   14  it is offered than any other evidence which the proponent can
   15  procure through reasonable efforts; and
   16         (3) The general purposes of this code and the interests of
   17  justice will best be served by admission of the statement into
   18  evidence.
   19  
   20  However, a statement may not be admitted under this section
   21  unless the proponent of the statement makes known to the adverse
   22  party, sufficiently in advance of the trial or hearing to
   23  provide the adverse party with a fair opportunity to prepare to
   24  meet it, the proponent’s intention to offer the statement and
   25  the particulars of the statement, including the name and address
   26  of the declarant.
   27  
   28  ================= T I T L E  A M E N D M E N T ================
   29  And the title is amended as follows:
   30         Delete lines 2 - 5
   31  and insert:
   32         An act relating to hearsay; creating s. 90.807, F.S.;
   33         creating a residual hearsay exception for certain
   34         statements; requiring the court to make specified
   35         determinations regarding a statement for the residual
   36         exception to apply; providing for notice of intention
   37         to offer such statement; providing an effective date.
   38  
   39         WHEREAS, domestic violence cases are often difficult to
   40  resolve due to the subsequent refusal of a victim to testify or
   41  other unique factors, and
   42         WHEREAS, if a victim’s prior statements satisfy the
   43  credibility requirements of s. 90.803 or s. 90.804, Florida
   44  Statutes, such statements should be admitted as evidence by the
   45  court, NOW, THEREFORE,