IN RE: AMENDMENTS TO FLORIDA EVIDENCE CODE
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The Florida Supreme Court adopted legislative amendments to Florida Evidence Code section 90.404(2)(c), effective July 1, 2011, which expand the admissibility of evidence of a defendant's prior sexual offenses in criminal cases involving sexual offense charges. The Court exercised its constitutional authority to adopt procedural rule changes without expressing an opinion on the substantive merits of the amendments.
The Court adopted chapter 2011-220, section 2, Laws of Florida, to the extent it is procedural, making the amendments effective on the date they became law. The Court expressly declined to express an opinion on the substantive merits of the amendments.
[1] The Florida Supreme Court adopts legislative amendments to the Florida Evidence Code that are procedural in nature.
[2] Legislative amendments to the Florida Evidence Code are effective on the date they became law, unless otherwise specified.
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Join FLexlaw to unlock all legal intelligence“We adopt chapter 2011-220, section 2, Laws of Florida, to the extent it is procedural. The specific provisions appear in the appendix to this opinion with the new language indicated by underscoring. We express no opinion on the substance of the amendments, and they are effective on the date they became law.”
The Court's holding adopting the legislative amendments while declining to address their substantive merits.
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Join FLexlaw to unlock all legal intelligenceThe Criminal Court Steering Committee filed a report concerning legislative amendments to the Florida Evidence Code enacted by the Florida Legislature…
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PER CURIAM.
The Criminal Court Steering Committee has filed a report concerning legislative changes to the Florida Evidence Code. See ch. 2011-220, § 2, Laws of Fla. We have jurisdiction. See art. V, § 2(a), Fla. Const. The amendments at issue were to section 90.404(2)(c), Florida Statutes, and were enacted by the Florida Legislature effective July 1, 2011. It appears these legislative changes were not previously addressed by this Court. We adopt chapter 2011-220, section 2, Laws of Florida, to the extent it is procedural. The specific provisions appear in the appendix to this opinion with the new language indicated by underscoring. We express no opinion on the substance of the amendments, and they are effective on the date they became law.
It is so ordered. MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS. Original Proceeding – Florida Rules of Criminal Procedure Judge Joseph A. Bulone, Chair, Criminal Court Steering Committee, Clearwater, Florida, and Bart Schneider, Staff Liaison, Office of the State Courts Administrator, Tallahassee, Florida, for Petitioner Daniel Eisinger, Public Defender, and Benjamin Nathaniel Paley, Fifteenth Judicial Circuit of Florida, West Palm Beach, Florida, Responding with comments
APPENDIX
90.404 Character evidence; when admissible (1) [No Change] (2) Other Crimes, Wrongs, or Acts. (a) – (b) [No Change] (c) 1. In a criminal case in which the defendant is charged with a sexual offense, evidence of the defendant's commission of other crimes, wrongs, or acts involving a sexual offense is admissible and may be considered for its bearing on any matter to which it is relevant. 2. For the purposes of this paragraph, the term “sexual offense” means conduct proscribed by s. 787.025(2)(c), s. 787.06(3)(b), (d), (f), or (g), former s. 787.06(3)(h), s. 794.011, excluding s. 794.011(10), s. 794.05, former s. 796.03, former s. 796.035, s. 825.1025(2)(b), s. 827.071, s. 847.0135(5), s. 847.0145, or s. 985.701(1). (d) [No Change] (3) [No Change]