In re Amendments to the Florida Evidence Code

Summary

The Supreme Court of Florida considered proposed amendments to the Florida Evidence Code arising from legislative changes enacted in 2000 and 2001. The Court adopted several amendments, including provisions concerning attorney-client privilege, questioning child witnesses, expressions of sympathy, and evidence of child molestation, but expressly stated that adoption was only to the extent the provisions were procedural. Justice Pariente dissented from adoption of the child-molestation evidence amendment, citing conflicts with existing evidence rules and precedent.

Holdings

1. The Court adopted chapters 2000-316, sections 1 and 2, and 2001-132, section 1, to the extent those amendments are procedural.
2. The Court adopted chapter 2001-221, section 1, amending section 90.404(2), to the extent the amendment is procedural.
3. In the absence of a true case and controversy, the Court expressed no opinion on the substance of the amendments or on the challenges raised to chapter 2001-221, section 1.

Questions Presented

1. Whether the Supreme Court of Florida should adopt the legislative amendments to sections 90.502, 90.612(3), and 90.4026 of the Florida Evidence Code to the extent the amendments are procedural.
2. Whether the Supreme Court of Florida should adopt the amendment to section 90.404(2), concerning evidence of other acts of child molestation, to the extent the amendment is procedural despite the committee's recommendation against adoption.
3. Whether the Court should opine on the substantive validity of the amendments or challenges to chapter 2001-221, section 1, absent a true case and controversy.

Disposition

approved