| 1 | A bill to be entitled |
| 2 | An act relating to evidence; repealing s. 90.602, F.S., |
| 3 | relating to testimony of interested persons regarding oral |
| 4 | communication with a deceased or mentally incompetent |
| 5 | person; amending s. 90.804, F.S.; providing a hearsay |
| 6 | exception in specified actions or proceedings for a |
| 7 | statement made by a declarant who is unavailable due to |
| 8 | death, illness, or infirmity regarding the same subject |
| 9 | matter as a statement made by the declarant that was |
| 10 | previously offered by an adverse party and admitted; |
| 11 | providing an effective date. |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
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| 15 | Section 1. Section 90.602, Florida Statutes, is repealed. |
| 16 | Section 2. Paragraph (e) is added to subsection (2) of |
| 17 | section 90.804, Florida Statutes, to read: |
| 18 | 90.804 Hearsay exceptions; declarant unavailable.-- |
| 19 | (2) HEARSAY EXCEPTIONS.--The following are not excluded |
| 20 | under s. 90.802, provided that the declarant is unavailable as a |
| 21 | witness: |
| 22 | (e) Statement by deceased or ill declarant similar to one |
| 23 | previously admitted.--In an action or proceeding brought against |
| 24 | the personal representative, heir at law, assignee, legatee, |
| 25 | devisee, or survivor of a deceased person, or against a trustee |
| 26 | of a trust created by a deceased person, or against the |
| 27 | assignee, committee, or guardian of a mentally incompetent |
| 28 | person, when a declarant is unavailable as provided in paragraph |
| 29 | (1)(d), a written or oral statement made regarding the same |
| 30 | subject matter as another statement made by the declarant that |
| 31 | has previously been offered by an adverse party and admitted in |
| 32 | evidence. |
| 33 | Section 3. This act shall take effect July 1, 2005. |