HB 0089 2004
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to evidence; creating s. 90.807, F.S.;
12	providing for admission of certain evidence otherwise
13	precluded by the hearsay rule; providing an effective
14	date.
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16	Be It Enacted by the Legislature of the State of Florida:
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18	Section 1. Section 90.807, Florida Statutes, is created to
19	read:
20	90.807 Residual exception.--A statement not specifically
21	covered by s. 90.803 or s. 90.804 but having equivalent
22	circumstantial guarantees of trustworthiness is not excluded by
23	the hearsay rule if the court determines that:
24	(1) The statement is offered as evidence of a material
25	fact.
26	(2) The statement is more probative on the point for which
27	it is offered than any other evidence which the proponent can
28	procure through reasonable efforts.
29	(3) The general purposes of this code and the interests of
30	justice will best be served by admission of the statement into
31	evidence.
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33	However, a statement may not be admitted under this exception
34	unless the proponent of the statement makes known to the adverse
35	party, sufficiently in advance of the trial or hearing to
36	provide the adverse party with a fair opportunity to prepare to
37	meet it, the proponent’s intention to offer the statement and
38	the particulars of the statement, including the name and address
39	of the declarant.
40	Section 2. This act shall take effect July 1, 2004.