Supreme Court of Florida

In Re: Amendments to the Florida Evidence Code

July 10, 201439 Fla. L. Weekly Supp. 501

Summary

The Court granted rehearing, withdrew its prior opinion, and substituted a revised decision addressing three legislative amendments to the Florida Evidence Code. It declined to adopt the fiduciary lawyer-client privilege and the expert-witness licensing requirement as procedural rules, but adopted the hearsay exception for statements offered against a party who wrongfully caused the declarant's unavailability, effective retroactively. PARIENTE, J., would have awaited a constitutional challenge before adopting the hearsay amendment, while CANADY, J., would also have adopted the two rejected amendments.