Florida/Georgia Personal Injury & Workers Compensation

...These cases, however, apply the common law rule which, in our view, has been specifically superseded by the statutory requirement embodied in Section 90.803(8) of a legally imposed duty to report. The new Florida Evidence Code in turn supersedes the common law in those instances in which the latter conflicts with the Code. § 90.102, Fla....

...389, 394, 11 So.2d 886, 888 (1943). What thus originally began as the product of prudential rules devised by common law judges in recognition of these ideas has now become codified by statute, [3] as well as disciplinary rules governing the conduct of lawyers. [4] Although FEC section 90.102 provides generally that the Florida Evidence Code supersedes the common law, it is also generally accepted that FEC section 90.502 represents a codification of pre-code law on the privilege....

...Even though there are Florida cases recognizing the “first complaint” exception, there are other cases holding that the adoption of the Florida Evidence Code eliminated any common law hearsay exceptions not codified by statute. In Chavez v. State, 25 So.3d 49, 51-52 (Fla. 1st DCA 2009), the court explained: Although section 90.102 states that common law that does not conflict with the Code is still applicable in Florida, section 90.802 prohibits courts from admitting hearsay “except as provided by statute.” ......

...Furthermore, Florida's Evidence Code states in clear terms, "Except as provided by statute, hearsay evidence is inadmissible." § 90.802, Fla. Stat. The legislature has declared that such hearsay is not admissible, precluding any contrary view we may have. Although section 90.102 states that common law that does not conflict with the Code is still applicable in Florida, section 90.802 prohibits courts from admitting hearsay "except as provided by statute." Where two statutory provisions conflict, the specific *52 provision controls the general provision....

...oduced the witness's absence; by contrast, the legislature has not provided a hearsay exception based on such wrongdoing. The State argues that the doctrine of forfeiture by wrongdoing is applicable in Florida as a common-law hearsay exception under section 90.102, Florida Statutes, which provides that the Florida Evidence Code replaces or supersedes only conflicting statutory or common law....

...le to impeach the transaction," citing several Florida authorities. We find none of the cited authorities supportive of the proposition. The Evidence Code, Chapter 90, Florida Statutes (1983) is controlling and supersedes all prior inconsistent law. § 90.102, Fla....

...It applies "to the same proceedings that the general law of evidence applied to before the effective date of this Code." Fla.Stat. § 90.103. In addition, it supersedes the "existing statutory and common law in conflict with its provisions." Fla.Stat. § 90.102....

...The Statutory Rule of Completeness In 1976, the Legislature enacted the Florida Evidence Code. See ch. 76-237, Laws of Fla. (codified in ch. 90, Fla. Stat. (Supp. 1976)). The Florida Evidence Code “replace[d] and supersede[d] existing statutory or common law in conflict with its provisions.” § 90.102, Fla....

initial error. It is also urged that through section 90.102, Florida Statutes (1987), section 90.608, Florida