IN RE AMENDMENTS TO THE FLORIDA EVIDENCE CODE
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The Court adopts the procedural aspects of the legislative amendment to the Florida Evidence Code, but expresses no opinion on its substance.
[1] The Florida Supreme Court adopts legislative amendments to the Florida Evidence Code that are procedural in nature.
[2] The Florida Supreme Court adopts legislative amendments to Florida Statutes section 90.404(2)(b)2, which governs the admissibility of character evidence in criminal trial…
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Join FLexlaw to unlock all legal intelligenceThe Florida Bar Code and Rules of Evidence Committee reported on legislative changes to the Evidence Code. The Legislature amended section 90.404(2)(b…
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We have for consideration the regular-cycle report filed by the Florida Bar Code and Rules of Evidence Committee (Committee) concerning recent legislative changes to the Florida Evidence Code (Evidence Code). See Ch. 2008-172, § 9, Laws of Fla. We have jurisdiction. See art. V, § 2(a), Fla. Const.
The amendments at issue in this case are those enacted by the Florida Legislature since this Court last considered amendments to the Evidence Code. See In re Amendments to the Fla. Evidence Code, 960 So.2d 762 (Fla.2007). The Committee has recommended that the Court adopt the legislative changes to the Evidence Code by a vote of twenty-one members in favor, ten opposed, and one vote in abstention. The Board of Governors of The Florida Bar unanimously approved the Committee’s recommendations. The proposed amendments were published for comment in The Florida Bar News; none were received.
In chapter 2008-172, section 9, Laws of Florida, the Legislature amended section 90.404(2)(b)2, Florida Statutes.1 This statute, in general, governs admission of character evidence in a criminal trial. Subsection 90.404(2)(b) provides that, in a criminal case where the defendant is charged with “a crime involving child molestation,” evidence related to the defendant’s commission of “other crimes, wrongs, or acts of child molestation” is admissible and may be considered for its bearing on any matter to which it is relevant. Subsection (2)(b)2 defines the specific acts that are considered “child molestation” in this context, when committed against a person sixteen years old or younger. Chapter 2008-172, section 9, amends subsection 90.404(2)(b)2 to expand the definition of “child molestation” to include conduct prohibited under section 847.0185(5), Florida Statutes.2
*1020The Committee has also proposed a comment to sections 90.502 and 90.507, Florida Statutes, related to inadvertent disclosure of privileged communications and materials. Because we have concerns with the comment, which appears to address an issue of law we have not yet ruled on, we decline to include it in those sections.
Accordingly, consistent with the Committee’s recommendation, we adopt chapter 2008-172, section 9, Laws of Florida, to the extent it is procedural. We express no opinion on the substance of the amendment. See In re Amendments to the Fla. Evidence Code, 825 So.2d 339, 341 (Fla.2002) (“In the absence of a true ‘case and controversy,’ we express no opinion on the substance of the amendments or on the challenges to chapter 2001-221, section 1, that were raised in these proceedings.”). Our adoption of the amendment is effective retroactively to the date the amendment became law.
It is so ordered.
CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.
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In re Amendments to the Florida Evidence Code, 210 So. 3d 1231 (Fla. 2017)…ng In re Fla. Evidence Code, 372 So. 2d 1369 (Fla. 1979) (adopting Evidence Code enacted by Legislature to the extent it is procedural), clarified, In re Fla. Evidence Code, 376 So. 2d 1161 (Fla. 1979)); see also In re Amends. to Fla. Evidence Code, 53 So. 3d 1019 (Fla. 2011); In re Amends. to Fla. Evidence Code, 960 So. 2d 762 (Fla. 2007); In re Amends. to Fla. Evidence Code—Section 90.104, 914 So. 2d 940 (Fla. 2005); Amends. to Fla. Evidence Code, 891 So. 2d 1037 (Fla. 2004); In re Amends. to Fla. Evidence…
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Delisle v. Crane Co., 258 So. 3d 1219 (Fla. 2018)…avoid the issue of whether the Evidence Code is substantive in nature and therefore within the province of the Legislature or procedural in nature and therefore within the province of this Court. See, e.g. , In re Amends. to the Fla. Evidence Code , 53 So. 3d 1019 (Fla. 2011) ; In re Amends. to the Fla. Evidence Code , 960 So. 2d 762 (Fla. 2007) ; In re Amends. to the Fla. Evidence Code-Section 90.104 , 914 So. 2d 940 (Fla. 2005) ; Amends. to the Fla. Evidence Code , 891 So. 2d 1037 (Fla. 2004) ; In re Amends…
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In re Amendments to the Florida Evidence Code, 144 So. 3d 536 (Fla. 2014)…to the extent that they concern court procedure. The amendments at issue in this case are those enacted by the Florida Legislature since this Court last considered amendments to the Florida Evidence Code. See In re Amends, to the Fla. Evidence Code, 53 So. 3d 1019 (Fla.2011). For the reasons discussed below, we decline to adopt two of the Committee’s three recommendations. In chapter 2011-183, section 1, Laws of Florida, the Legislature enacted section 90.5021, Florida Statutes, which establishes a “fiduciar…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In re Amendments to the Florida Evidence Code, 825 So. 2d 339 (Fla. 2002)
- In re Amendments to the Florida Evidence Code, 960 So. 2d 762 (Fla. 2007)