Code and Rules of Evidence.

• Author: Dodson, Patricia M.
• Position: Annual Reports of Committees of the Florida Bar: 2018-2019

The charter of the Code and Rules of Evidence Committee (CREC) requires this committee to consider proposals for changes to the Florida Rules of Evidence. For the 2018-2019 term, CREC successfully fulfilled its mission by considering bills and amendments to Florida legislation that would potentially impact the Florida Evidence Code and suggestions from practitioners and private citizens for improvements to the Florida Evidence Code.

CREC filed its regular-cycle report with the Florida Supreme Court on January 24 and proposed that the court adopt F.S. [section]90.204(4) as a rule of evidence, to the extent it is procedural. F.S. [section]90.204(4) authorizes judges in family cases to take judicial notice of certain court records without prior notice to the parties "when imminent danger to persons or property has been alleged" and it is impractical to give prior notice. This recommendation was approved by a CREC vote of 31-1-1. The Board of Governors concurred in the recommendation by a 36-0 vote.

In addition, and pursuant to the provisions of Standing Board Policy 9.20(d), CREC reviewed the sunsetting of Florida Bar legislative positions for the 2016-2018 biennium and voted to renew each position relating to F.S. Ch. 90, including amendments to F.S. [section][section]90.202(9) and 90.205 (to modernize language for judicial notice); F.S. [section]90.406 (to conform relevance to Fed. R. Evid. 406 and Florida common law); F.S. [section][section]90.603-90.607 (to align witness testimony provisions with other statutes and the federal rule); F.S. [section]90.803 (to make four subdivisions of the hearsay rule conform to the federal rule); F.S. [section]90.951 (to modernize language regarding writings, recordings, and photographs by adding new technology); and to support amendments to F.S. [section][section]458.3175(2)(b), 459.066(2)(b), and 466.005(2)(b) "if otherwise qualified under Chapter 90 and 766, F.S." and with the further understanding that The Florida Bar considers F.S. [section][section]766.101(12) to be unconstitutional.

The Legislative Relations Subcommittee, led by G.C. Murray (also CREC vice chair), has quickly undertaken review of H.B. 409 and S.B. 548 relating to the admissibility of electronic legal documents, even though the 2019 Florida Legislature has been in regular session for less than two weeks. Murray has introduced himself to the members and staff of the Senate Committee on Judiciary and the House Committee on Constitution...