IN RE AMENDMENT OF FLORIDA EVIDENCE CODE
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[*240] PER CURIAM.
This Court has the power and authority to adopt rules of court practice and procedure pursuant to article V, section 2(a) of the Florida Constitution.
Recent amendments to the Florida Evidence Code can be found in chapter 86-53, Laws of Florida, effective date July 1, 1985. The Florida Evidence Code is both substantive and procedural in nature. In re Florida Evidence Code, 372 So. 2d 1369 (Fla.1979), as clarified by In re Florida Evidence Code, 376 So. 2d 1161 (Fla.1979). We have previously adopted, as court rules, amendments to the Evidence Code to the extent that they are procedural in nature. In re Amendment of Florida Evidence Code, 404 So. 2d 743 (Fla.1981).
Accordingly, we hereby adopt the amendments to the Evidence Code as found in chapter 85-53, Laws of Florida, to the extent that they concern court procedure. This decision does not alter the established effective date of chapter 85-53, Laws of Florida, which is July 1, 1985.
It is so ordered.
McDonald, C.J., and ADKINS, BOYD, OVERTON, EHRLICH, SHAW and BARRETT, JJ., concur.
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In re Florida Evidence Code, 638 So. 2d 920 (Fla. 1993)…, 372 So. 2d 1369 (Fla.1979), clarified by In re Florida Evidence Code, 376 So. 2d 1161 (Fla.1979). We also have adopted amendments to the Evidence Code as court rules to the extent that they are procedural. In re Amendment of Florida Evidence Code, 497 So. 2d 239 (Fla.1986); In re Amendment of Florida Evidence Code, 404 So. 2d 743 (Fla.1981). The Florida Bar has petitioned this Court to amend the Rules of Evidence to conform to statutory changes in the Evidence Code. The changes at issue are: Ch. 81-259, §§…1 / 2
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State v. Jones, 625 So. 2d 821 (Fla. 1993)…a balance between the need to consider child hearsay statements in judicial proceedings and the rights of the accused.10 This Court has adopted the procedural aspects of section 90.803(23) as rules of court, In re Amendment of Florida Evidence Code, 497 So. 2d 239 (Fla.1986), and determined that the section comports with the confrontation clauses of both the federal Constitution and the Florida Constitution. Perez v. State, 536 So. 2d 206, 209 (Fla.1988), cert. denied, 492 U.S. 923, 109 S.Ct. 3253, 106 L.Ed.2…
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In re Amendments to the Florida Evidence Code, 782 So. 2d 339 (Fla. 2000)…) (adopting Evidence Code to the extent it is procedural), clarified, In re Florida Evidence Code, 376 So. 2d 1161 (Fla.1979); see also Florida Bar re Amendment of Fla. Evidence Code, 404 So. 2d 743 (Fla.1981); In re Amendment of Fla. Evidence Code, 497 So. 2d 239 (Fla.1986) (adopting amendments to Code to the extent they are procedural); In re Florida Evidence Code, 638 So. 2d 920 (Fla.1993) (same); In re Florida Evidence Code, 675 So. 2d 584 (Fla.1996) (same). Our decision not to adopt chapter 98-2, section…1 / 2
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- In re Florida Evidence Code, 372 So. 2d 1369 (Fla. 1979)
- In re Florida Evidence Code, 376 So. 2d 1161 (Fla. 1979)
- The Fla. Bar. in re Amendment of Fla. Evidence Code, 404 So. 2d 743 (Fla. 1981)