Senate Bill sb1066er
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature SB 1066, 1st Engrossed
1
2 An act relating to the Florida Evidence Code;
3 creating s. 90.4026, F.S.; providing
4 definitions; providing for the inadmissibility
5 of certain statements, writings, or benevolent
6 gestures as evidence in a civil action;
7 providing for the admissibility of certain
8 statements; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 90.4026, Florida Statutes, is
13 created to read:
14 90.4026 Statements expressing sympathy; admissibility;
15 definitions.--
16 (1) As used in this section:
17 (a) "Accident" means an occurrence resulting in injury
18 or death to one or more persons which is not the result of
19 willful action by a party.
20 (b) "Benevolent gestures" means actions that convey a
21 sense of compassion or commiseration emanating from human
22 impulses.
23 (c) "Family" means the spouse, parent, grandparent,
24 stepmother, stepfather, child, grandchild, brother, sister,
25 half-brother, half-sister, adopted child of parent, or
26 spouse's parent of an injured party.
27 (2) The portion of statements, writings, or benevolent
28 gestures expressing sympathy or a general sense of benevolence
29 relating to the pain, suffering, or death of a person involved
30 in an accident and made to that person or to the family of
31 that person shall be inadmissible as evidence in a civil
1
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2001 Legislature SB 1066, 1st Engrossed
1 action. A statement of fault, however, which is part of, or in
2 addition to, any of the above shall be admissible pursuant to
3 this section.
4 Section 2. This act shall take effect upon becoming a
5 law.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
2
CODING: Words stricken are deletions; words underlined are additions.