HB 0089 2004
1	A bill to be entitled
2	An act relating to evidence; creating s. 90.807, F.S.;
3	providing for admission of certain evidence otherwise
4	precluded by the hearsay rule; providing an effective
5	date.
6
7	WHEREAS, the Legislature wishes to protect the victims of
8	domestic violence and other crimes by providing for the
9	admission of hearsay testimony when found by the court to meet
10	standards of circumstantial reliability; and
11	WHEREAS, the Legislature wishes to harmonize the Florida
12	Evidence Code and the Federal Evidence Code to improve the
13	quality of justice, NOW, THEREFORE
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1. Section 90.807, Florida Statutes, is created to
18	read:
19	90.807. Residual exception.--A statement not specifically
20	covered by s. 90.803 or s. 90.804, but having equivalent
21	circumstantial guarantees of trustworthiness, is not excluded by
22	the hearsay rule, if the court determines that:
23	(1) The statement is offered as evidence of material fact;
24	(2) The statement is more probative on the point for which
25	it is offered than any other evidence which has been procured
26	through reasonable efforts; and
27	(3) The general purposes of these rules and the interests
28	of justice will best be served by admission by the statement
29	into evidence.
30
31	However, a statement may not be admitted under this exception
32	unless the person wishing to offer the statement into evidence
33	makes known to the adverse party sufficiently in advance of the
34	trial or hearing the proponent’s intention to offer the
35	statement and the particulars of the statement, including the
36	name and address of the declarant.
37	Section 2. This act shall take effect July 1, 2004.