Florida Evidence Code, In re, 57115
| Decision Date | 08 November 1979 |
| Docket Number | No. 57115,57115 |
| Parties | In re FLORIDA EVIDENCE CODE. |
| Court | Florida Supreme Court |
In accordance with our opinion rendered on June 28, 1979, concerning the Florida Evidence Code, The Florida Bar and the Florida Academy of Trial Lawyers have filed suggestions regarding the Code. The Florida Bar Board of Governors, after receiving reports from the Judicial Administration Selection and Tenure Committee, has advised the Court that "the Florida Evidence Code on the whole is a good work product and . . . there were no specific recommendations as to suggested changes in, or objections, to specific rules." It is the position of the Bar "that objections to individual rules, based on content can best be handled on a case-by-case basis."
However, the Bar has suggested there may be uncertainty concerning the date of applicability of the new code. We affirmatively state that our opinion of June 28, 1979, adopted section 90.103, Florida Statutes, in its entirety. By our prior opinion this Court had no intention to change the effective date and applicability provision contained in section 90.103.
The Code, as adopted by the legislature, contains section 90.103(2) pertaining to the commencement of its application, which provides:
This act shall apply to civil actions accruing after the effective date of this code, to criminal proceedings related to crimes committed after the effective date of this code, and to other proceedings brought after the effective date of this code.
Chapter 78-361, Laws of Florida (1978), provides that the act take effect July 1, 1979.
We read this provision to mean that the Evidence Code, including the procedural portion adopted by this Court, shall apply to (1) criminal proceedings related to crimes committed on or after July 1, 1979; (2) civil actions accruing after July 1, 1979; and (3) other proceedings brought after July 1, 1979.
The Bar also advocates a change in the applicability of the Code in regard to civil actions. It is recommended that, to avoid potential confusion, the Code should be amended to...
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