Senate Bill sb2160

    Florida Senate - 2002                                  SB 2160

    By Senator Campbell





    33-1055-02

  1                      A bill to be entitled

  2         An act relating to the Florida Evidence Code;

  3         amending s. 90.704, F.S.; providing for the

  4         disclosure to a jury of certain data that is

  5         otherwise inadmissible; amending s. 90.104,

  6         F.S.; eliminating the need to renew certain

  7         objections to preserve appellate rights;

  8         providing an effective date.

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

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12         Section 1.  Section 90.704, Florida Statutes, is

13  amended to read:

14         90.704  Basis of opinion testimony by experts.--The

15  facts or data upon which an expert bases an opinion or

16  inference may be those perceived by, or made known to, the

17  expert at or before the trial.  If the facts or data are of a

18  type reasonably relied upon by experts in the subject to

19  support the opinion expressed, the facts or data need not be

20  admissible in evidence. Facts or data that are otherwise

21  inadmissible may not be disclosed to the jury by the proponent

22  of the opinion or inference unless the court determines that

23  the probative value in assisting the jury to evaluate the

24  expert's opinion substantially outweighs the prejudicial

25  effect of such disclosure.

26         Section 2.  Subsection (4) is added to section 90.104,

27  Florida Statutes, to read:

28         90.104  Rulings on evidence.--

29         (4)  When a court makes a definitive ruling on the

30  record admitting or excluding evidence, at or before trial, a

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






    Florida Senate - 2002                                  SB 2160
    33-1055-02




  1  party need not renew an objection or offer of proof to

  2  preserve a claim of error for appeal.

  3         Section 3.  This act shall take effect July 1, 2002.

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  6                          SENATE SUMMARY

  7    Revises provisions of the Florida Evidence Code to allow
      an exception for certain inadmissible evidence and to
  8    eliminate the need to renew certain objections or offers
      in order to preserve certain rights on appeal.
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