In Re AMENDMENTS TO the FLORIDA EVIDENCE CODE , 39 Fla. L. Weekly Supp. 501 ( 2014 )

CANADY, J.,

concurring in part and dissenting in part.

I concur with the majority’s decision to adopt the rule proposal based on chapter 2012-152. I would, however, also adopt the two other rule amendments recommended by the Code and Rules of Evidence Committee. I therefore dissent from the rejection of those two proposals.

APPENDIX

Chapter 2012-152, § 1:

90.804 Hearsay exceptions; declarant unavailable

(1) [No Change]

(2) HEARSAY EXCEPTIONS. — The following are not excluded under s. 90.802, provided that the declarant is unavailable as a witness:

(a)-(e) [No Change]

(f) Statement offered against a party that wrongfully caused the declarant’s unavailabilitu A statement offered against a party that wrongfully caused, or acquiesced in wrongfully causing, the declarant’s unavailability as a witness, and did so intending that result.