In re Amendments to the Florida Evidence Code

Summary

The Supreme Court of Florida, on rehearing, considered legislative amendments to the Florida Evidence Code and related medical-negligence expert-witness provisions. The Court declined to adopt provisions concerning the fiduciary lawyer-client privilege and medical-negligence expert qualifications as procedural rules, but adopted a hearsay exception for statements offered against a party who wrongfully caused or acquiesced in causing a declarant’s unavailability. The adopted hearsay amendment was made effective retroactively to April 27, 2012.

Holdings

1. The Court declined to adopt section 90.5021, Florida Statutes, establishing a fiduciary lawyer-client privilege, to the extent the provision was procedural.
2. The Court adopted chapter 2012-152, section 1, Laws of Florida, adding section 90.804(2)(f), to the extent the amendment was procedural, and made the adoption retroactive to April 27, 2012.
3. The Court declined to adopt chapter 2011-233, section 10, Laws of Florida, creating section 766.102(12), Florida Statutes, to the extent the provision was procedural.

Questions Presented

1. Whether the statutory fiduciary lawyer-client privilege should be adopted as a procedural rule.
2. Whether the statutory hearsay exception for statements offered against a party who wrongfully caused or acquiesced in causing a declarant's unavailability should be adopted as a procedural rule.
3. Whether the statutory medical-negligence expert-witness qualification provision should be adopted as a procedural rule.

Disposition

other