Florida/Georgia Personal Injury & Workers Compensation

...ual 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 *1...

...Accordingly, appellant's judgments and sentences are REVERSED and the cause REMANDED for further proceedings consistent with this opinion. GRIMES, C.J., and RYDER, J., concur. NOTES [1] Under the Florida Evidence Code, applicable to criminal proceedings related to crimes committed after its effective date, § 90.103(2), Fla....

...Actually, peculiarly, the Florida Evidence Code has not heretofore been applicable to this particular action because when our code was first adopted it applied only to civil actions accruing after July 1, 1979, and the cause of action in this case accrued on May 10, 1978. Although section 90.103, Florida Statutes (1979), was amended in 1981 to make the Florida Evidence Code applicable to civil actions pending on or brought after October 1, 1981, this action had already been tried by that date....

...Because Section 90.203 states that a court shall take judicial notice of any matter in Section 90.202 when properly requested, we must determine whether Section 90.203 applies to appellate proceedings. Section 90.203, Florida Statutes (1981), is part of the Florida Evidence Code. Section 90.103(1) states that the Florida Evidence Code shall apply "......

...co-conspirator of the party [against whom the statement is offered] during the course, and in furtherance of the conspiracy." Concededly, the Florida Evidence Code applies to criminal proceedings related to crimes committed after its effective date. § 90.103, Fla....

...urther challenged certain rulings on requested jury instructions, and the court's assessment of costs. This cause of action accrued before July 1, 1979, and the trial ended before October 1, 1981. Therefore, the 1977 rules of evidence govern. See, §§ 90.103, Fla. Stat. (1979), and 90.103, Fla. Stat. (1981). On retrial, the Florida Evidence Code will apply. § 90.103, Fla....

...Our uncertainty as to whether Frye must be followed is compounded by the adoption of the Florida Evidence Code, applicable to all criminal proceedings relating to crimes committed after July 1, 1979, and to all civil actions pending on or brought after October 1, 1981. § 90.103(2), Fla....

...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," In re Florida Evidence Code, 376 So.2d 1161, 1162 (Fla. 1979); see also § 90.103(1), Fla....

...nt public policy. See also State of Florida, Department of Highway Safety & Motor Vehicles v. Kropff, 445 So.2d 1068 (Fla. 3d DCA 1984) (the scope of section 284.40, Florida Statutes (1981), creates an exemption from the Public Records Act). Compare § 90.103(1), Fla....

...t aggressor. We reverse the judgment and remand the case for a new trial. [1] DANAHY and CAMPBELL, JJ., concur. NOTES [1] The new Florida Evidence Code is not applicable to this case because this action accrued before the effective date of the code. § 90.103(2), Fla....

...102, 4 L.Ed.2d 86 (1959). Concerning the first argument, although the Florida Evidence Code would clearly render ultimate fact opinion admissible, § 90.703, Fla. Stat. (1979), its effective date of July 1, 1979 makes it inapplicable to the present case. § 90.103(2), Fla....

...hysician to testify that the requested treatment of a member of the different group is not reasonable or necessary. And I find nothing in section 440.13 evincing any legislative intent to incorporate the provisions of section 90.702 therein. Indeed, Section 90.103(1), Florida Statutes (1987), states that the Evidence Code applies to the same proceedings to which the general law of evidence applied before the effective date of the code, "[u]nless otherwise provided by statute." (Emphasis added.)...

...grand jury." H.Rep. No. 93-1597, 93d Cong., 2d Sess. (1974), reprinted in [1974] 4 U.S.Code Cong. & Adm.News pp. 7098, 7104. United States v. Mosley, 555 F.2d 191, 193 (8th Cir.), cert. denied, 434 U.S. 851, 98 S.Ct. 163, 54 L.Ed.2d 120 (1977). [9] Section 90.103, Florida Statutes (1981), states unequivocally that the Code applies in criminal proceedings unless otherwise provided by statute, and none has been cited to us providing otherwise.

...ich State law supplies the rule of decision, the privilege of a witness, person, government, State, or political subdivision thereof shall be determined in accordance with State law. [4] See Ehrhardt, Florida Evidence § 103.2 at 4-5, (2d ed. 1984). Section 90.103(2), as ultimately adopted, makes the Code applicable to all criminal proceedings after the effective date of the Code, July 1, 1979....

...o an adverse party, the court, upon motion, may dismiss the claim for relief or the affirmative defense to which the privileged testimony would relate. In making its determination, the court may engage in an in camera inquiry into the privilege. [2] § 90.103(2), Fla....

...[6] In the present case secondary evidence was admissible on the alternative grounds that the original was lost or that it was last under the control of Falsetti. [7] The present case was tried in March 1979, prior to the effective date of the Florida Evidence Code, Section 90.101, Florida Statutes (1979) et seq. Under Section 90.103(2), the Florida Evidence Code applies to civil actions accruing after the effective date....

...Moreover, since the "general law of evidence" was applicable to compensation proceedings prior to the effective date of the Florida Evidence Code (Chapter 90, Florida Statutes), the Evidence Code is applicable to such proceedings by virtue of the provisions of Section 90.103(1) of the Code....

where we are specifically directed to do so. See § 90.103(1) ("Unless otherwise provided by statute, [the

...1st DCA 1979); Evers v. Evers, 374 So.2d 1117 (Fla. 2d DCA 1979); Lawless v. Lawless, 362 So.2d 302 (Fla.2d DCA 1978); Bickerstaff v. Bickerstaff, 358 So.2d 590 (Fla. 1st DCA), cert. denied, 365 So.2d 709 (Fla. 1978). [19] § 689.15, Fla. Stat. (1979). [20] See § 90.103(3), Fla....

...Therefore, a party's objection to the admission of parol evidence is not waived in the absence of a contemporaneous objection. Id. Florida's Evidence Code appears to implicitly recognize this, because the Code is expressly stated to have no effect upon the parol evidence rule. See § 90.103(3), Fla....

...xception applies in the instant case. The Evidence Code was passed in 1975 but did not take effect until July 1, 1979. 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....

substantially changes two sections of the Code. Section 90.103(2) has been amended to provide that the Code

Evidence Code applies to sentencing hearings. See § 90.103(2), Fla. Stat. (2016) ("This act shall apply

retrial, the Florida Evidence Code will apply. § 90.103, Fla.Stat. (1981). Appellants had sued the night

other provisions within chapter 90 itself. Section 90.103, Florida Statutes (2015), entitled “Scope;

the effective date of this code, July 1, 1979. § 90.103, Fla. Stat. (1979); In Re Florida Evidence Code

evidence code did not apply to this case. However, section 90.103(2) provides: This act shall apply to criminal

(1981), is part of the Florida Evidence Code. Section 90.103(1) states that the Florida Evidence Code shall

that the evidence was not admissible under section 90.103, Florida Statutes (2016), and asserted that