Senate Bill 2048
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2000                                  SB 2048
    By Senator Klein
    28-1327-00
  1                      A bill to be entitled
  2         An act relating to evidence; amending s.
  3         90.803, F.S.; modifying conditions under which
  4         statements of elderly persons or mentally
  5         disabled persons, as defined, may be admitted
  6         into evidence as a hearsay exception; providing
  7         an effective date.
  8
  9  Be It Enacted by the Legislature of the State of Florida:
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11         Section 1.  Subsection (24) of section 90.803, Florida
12  Statutes, is amended to read:
13         90.803  Hearsay exceptions; availability of declarant
14  immaterial.--The provision of s. 90.802 to the contrary
15  notwithstanding, the following are not inadmissible as
16  evidence, even though the declarant is available as a witness:
17         (24)  HEARSAY EXCEPTION; STATEMENT OF ELDERLY PERSON OR
18  MENTALLY DISABLED PERSON ADULT.--
19         (a)  As used in this subsection, the term:
20         1.  "Elderly person" means a person 60 years of age or
21  older who suffers from the infirmities of aging as manifested
22  by advanced age, organic brain damage, or other mental or
23  emotional dysfunctioning to the extent that the person's
24  ability to provide adequately for his or her own care or
25  protection is impaired.
26         2.  "Mentally disabled person" means a person who
27  suffers from a condition of mental or emotional incapacitation
28  due to a developmental disability, organic brain damage, or
29  mental illness which restricts the person's ability to perform
30  the normal activities of daily living.
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2000                                  SB 2048
    28-1327-00
  1         (b)(a)  When made in a context that provides
  2  substantial guarantees of its Unless the source of information
  3  or the method or circumstances by which the statement is
  4  reported indicates a lack of trustworthiness, an out-of-court
  5  statement made by an elderly person or mentally disabled
  6  person adult, as defined in s. 825.101, describing any act of
  7  abuse or neglect, any act of exploitation, or any act of
  8  violence, including a sexual offense, committed the offense of
  9  battery or aggravated battery or assault or aggravated assault
10  or sexual battery, or any other violent act on the declarant
11  elderly person or mentally disabled person which adult, not
12  otherwise admissible, is admissible in evidence in any civil
13  or criminal proceeding if:
14         1.  The court finds in a hearing conducted outside the
15  presence of the jury that the time, content, and circumstances
16  of the statement provide such sufficient safeguards of
17  reliability that adversarial testing of the statement in court
18  would add little to its reliability.  In making its
19  determination, the court must may consider the mental age and
20  capacity physical age and maturity of the declarant elderly
21  person or mentally disabled person adult, the nature and
22  duration of the abuse or offense, the relationship of the
23  declarant victim to the offender, the reliability of the
24  assertion under the totality of the circumstances, and the
25  reliability of the declarant. In addition the court may
26  consider elderly person or disabled adult, and any other
27  factor deemed appropriate, including, but not limited to, the
28  statement's spontaneity, whether the statement was made at the
29  first available opportunity following the alleged incident,
30  whether the statement was elicited in response to questions,
31  the mental state of the elderly or mentally disabled person,
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    Florida Senate - 2000                                  SB 2048
    28-1327-00
  1  when the incident was reported, whether the elderly or
  2  mentally disabled person used terminology unexpected of a
  3  person with his or her disability, the motive or lack thereof
  4  to fabricate the statement, the vagueness of the accusations,
  5  the possibility of any improper influence on the elderly
  6  person or mentally disabled person, and contradictory
  7  statements; and
  8         2.  The elderly person or mentally disabled person
  9  adult either:
10         a.  Testifies; or
11         b.  Is unavailable as a witness, provided that there is
12  corroborative evidence of the abuse or offense. Unavailability
13  shall include a finding by the court that the elderly person's
14  or mentally disabled person's adult's participation in the
15  trial or proceeding would result in a substantial likelihood
16  of severe emotional, mental, or physical harm, in addition to
17  findings pursuant to s. 90.804(1).
18         (c)(b)  In a criminal action, the defendant shall be
19  notified no later than 10 days before the trial that a
20  statement that which qualifies as a hearsay exception pursuant
21  to this subsection will be offered as evidence at trial. The
22  notice shall include a written statement of the content of the
23  elderly person's or mentally disabled person's adult's
24  statement, the time at which the statement was made, the
25  circumstances surrounding the statement which indicate its
26  reliability, and such other particulars as necessary to
27  provide full disclosure of the statement.
28         (d)(c)  The court shall make specific findings of fact,
29  on the record, as to the basis for its ruling under this
30  subsection.
31         Section 2.  This act shall take effect July 1, 2000.
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2000                                  SB 2048
    28-1327-00
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  2                          SENATE SUMMARY
  3    Modifies the conditions under which statements of elderly
      persons and mentally disabled persons, as defined, may be
  4    admitted into evidence as an exception to the hearsay
      rule.
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