The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/SB 312
INTRODUCER: Judiciary Committee; Criminal Justice Committee; and Senator Collins and others
SUBJECT: Offenses Involving Children
DATE: February 7, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Parker Stokes CJ Fav/CS
2. Bond Cibula JU Fav/CS
3. Parker Twogood RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 312 amends s. 90.803, F.S., to increase the age for application of the child hearsay
exception from 16 years of age or less to 17 years of age or less. The hearsay rule is a rule of
evidence which prohibits the admission of out-of-court statements that are offered to prove the
truth of the matter asserted as evidence in judicial proceedings.
Under the child hearsay exception in current law, an out-of-court statement made by a child
victim having a physical, mental, emotional, or developmental age of 16 or less describing any
act of child abuse or neglect, any act of sexual abuse against a child, the offense of child abuse,
the offense of aggravated child abuse, or any offense involving an unlawful sexual act, contact,
intrusion, or penetration performed in the presence of, with, by, or on the declarant child, not
otherwise admissible, is admissible in evidence in any civil or criminal proceeding if:
 The court finds in a hearing conducted outside the presence of the jury that the time, content,
and circumstances of the statement provide sufficient safeguards of reliability; and
 The child either testifies or is unavailable as a witness and there is other corroborative
evidence of abuse or offense.
The bill amends s. 775.21, F.S., to provide that commission of a human trafficking offense
involving a minor under s. 787.06(3)(f) and (g), F.S., will require a sexual predator designation
on a first offense. The bill also provides that any violation of s. 787.06(3)(f) and (g), F.S., will
require registration as a sexual predator if the offender has another qualifying offense.
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The bill may have an indeterminate fiscal impact on the courts. See Section V. Fiscal Impact
Statement.
The bill is effective October 1, 2024.
II. Present Situation:
Hearsay
The hearsay rule is a rule of evidence which generally prohibits the admission of out-of-court
statements that are offered to prove the truth of the matter asserted as evidence in judicial
proceedings.1 There are numerous exceptions. Hearsay is a statement, other than one made by
the declarant while testifying at trial or hearing, offered in evidence to prove the truth of the
matter asserted.2 Current law provides hearsay exceptions where, based on the circumstances
surrounding the statement, the law finds sufficient reliability to warrant a hearsay exception. For
example, out-of-court statements made by children who are 16 or less, are admissible in certain
instances.3
Courts have noted that the questioning of hearsay in criminal cases is of particular importance
based on the constitutional right of the accused to cross-examine all witnesses appearing against
him or her.4
Although hearsay evidence is generally inadmissible as evidence in a court hearing or trial,
courts permit the admission of hearsay if the statement falls under a firmly-rooted exception in
law, or possesses a guarantee of trustworthiness.5
Florida’s evidence code groups hearsay exceptions together as non-hearsay, hearsay exceptions
where the availability of the declarant is immaterial, and hearsay exceptions where the declarant
is unavailable.
Non-hearsay
A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-
examination and the statement is:
 Inconsistent with the declarant’s testimony and given under oath subject to perjury at a trial,
hearing, or other proceedings or in a deposition;
 Consistent with the declarant’s testimony and offered to rebut an express or implied charge
against the declarant of improper influence, motive, or recent fabrication; or
1
Sections 90.801(1)(c) and 90.802, F.S.
2
Section 90.801, F.S.
3
Section 90.803(23), F.S.
4
The Confrontation Clause of the Sixth Amendment of the U.S. Constitution provides, in part “that in all criminal
prosecutions, the accused shall enjoy the right … to be confronted with the witnesses against him.” Section 16, Art. I, of the
State Constitution, provides, in part “In all criminal prosecutions the accused … shall have the right to have compulsory
process for witnesses, to confront at trial adverse witnesses ….” Indeed, “the right to confront one’s accusers is a concept that
dates back to Roman times.” Crawford v. Washington, 541 U.S. 36, 43 (2004).
5
See Crawford v. Washington, 541 U.S. 36, 43 (2004).
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 One of identification of a person made after perceiving the person.6
Hearsay Exceptions Where the Availability of the Declarant is Immaterial
Current law provides exceptions to the hearsay rule, even though the declarant is available.7 The
following provides, in part, a list of exceptions which may be admissible even when the
declarant is available as a witness:
 SPONTANEOUS STATEMENT: A spontaneous statement describing or explaining an
event or condition made while the declarant was perceiving the event or condition, or
immediately thereafter, except when such statement is made under circumstances that
indicate its lack of trustworthiness.8
 EXCITED UTTERANCE: A statement or excited utterance relating to a startling event or
condition made while the declarant was under the stress of excitement caused by the event or
condition.9
 THEN-EXISTING MENTAL, EMOTIONAL, OR PHYSICAL CONDITION: A statement
of the declarant’s then-existing state of mind, emotion, or physical sensation, including a
statement of intent, plan, motive, design, mental feeling, pain, or bodily health, when such
evidence is offered to: (1) Prove the declarant’s state of mind, emotion, or physical sensation
at that time or at any other time when such state is an issue in the action; (2) Prove or explain
acts of subsequent conduct of the declarant.10
 ADMISSIONS: A statement that is offered against a party and is the party’s own statement
in either an individual or a representative capacity; a statement of which the party has
manifested an adoption or belief in its truth; a statement by a person specifically authorized
by the party to make a statement concerning the subject; a statement by the party’s agent or
servant concerning a matter within the scope of the agency or employment thereof, made
during the existence of the relationships; or a statement by a person who was a coconspirator
of the party during the course, and in furtherance, of the conspiracy. Upon request of counsel,
the court shall instruct the jury that the conspiracy itself and each member’s participation in it
must be established by independent evidence, either before the introduction of any evidence
or before evidence is admitted under this paragraph.11
 STATEMENT OF CHILD VICTIM: Unless the source of information or the method or
circumstances by which the statement is reported indicates a lack of trustworthiness, an out-
of-court statement made by a child victim with a physical, mental, emotional, or
6
Section 90.801(2), F.S.
7
Section 90.803(1)-(24), F.S., includes the following exceptions where the availability of the declarant is immaterial:
spontaneous statement, excited utterance, then-existing mental, emotional, or physical condition, statement for purposes of
medical diagnosis or treatment, recorded recollection, records of regularly conduced business activity, absence of entry in
records of regularly conducted activity, public records and reports, records of vital statistics, absence of public record or
entry, records of religious organizations, marriage, baptismal, and similar certificates, family records, records of documents
affecting an interest in property, statements of documents affecting an interest in property, statements in ancient documents,
marketing reports and commercial publications, admissions, reputation concerning personal or family history, reputation
concerning boundaries or general history, reputation as to character, former testimony, statement of child victim, statement of
elderly person or disabled adult.
8
Section 90.803(1), F.S.
9
Section 90.803(2), F.S.
10
Section 90.803(3), F.S., However, this subsection does not make admissible: (1) an after-the-fact statement of memory or
belief to prove the fact remembered or believed, unless such statement relates to the execution, revocation, identification, or
terms of the declarant’s will; (2) a statement made under circumstances that indicate its lack of trustworthiness.
11
Section 90.803(18), F.S.
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developmental age of 16 or less describing any act of child abuse or neglect, any act of
sexual abuse against a child, the offense of child abuse, the offense of aggravated child
abuse, or any offense involving an unlawful sexual act, contact, intrusion, or penetration
performed in the presence of, with, by, or on the declarant child, not otherwise admissible, is
admissible in evidence in any civil or criminal proceeding if:
o The court finds in a hearing conducted outside the presence of the jury that the time,
content, and circumstances of the statement provide sufficient safeguards of reliability;
and
o The child either testifies or is unavailable12 as a witness and there is other corroborative
evidence of abuse or offense.13
Hearsay Exceptions Where the Declarant is Unavailable
Current law provides a list of hearsay exceptions that apply when the declarant is
unavailable.14,15 The following provides, in part, a list of exceptions which may be admissible
when the declarant is unavailable as a witness:
 FORMER TESTIMONY: Testimony given as a witness at another hearing of the same or a
different proceeding, or in a deposition taken in compliance with law in the course of the
same or another proceeding, if the party against whom the testimony is now offered, or, in a
civil action or proceeding, a predecessor in interest, had an opportunity and similar motive to
develop the testimony by direct, cross, or redirect examination.16
 STATEMENT UNDER BELIEF OF IMPENDING DEATH: In a civil or criminal trial, a
statement made by a declarant while reasonably believing that his or her death was imminent,
concerning the physical cause or instrumentalities of what the declarant believed to be
impending death or the circumstances surrounding impending death.17
 STATEMENT AGAINST INTEREST: A statement which, at the time of its making, was so
far contrary to the declarant’s pecuniary or proprietary interest or tended to subject the
declarant to liability or to render invalid a claim by the declarant against another, so that a
person in the declarant’s position would not have made the statement unless he or she
believed it to be true. A statement tending to expose the declarant to criminal liability and
12
Section 90.803(23)(a)2.b., F.S., provides that unavailability includes a finding by the court that the child’s participation in
the trial or proceeding would result in a substantial likelihood of severe emotional or mental harm, in addition to findings
pursuant to s. 90.804(1), F.S.
13
Section 90.803(23), F.S.
14
Section 90.804(1), F.S., provides that “unavailability as a witness” means that the declarant: is exempted by a ruling of a
court on the ground of privilege from testifying concerning the subject matter of the declarant’s statement; persists in refusing
to testify concerning the subject matter of the declarant’s statement despite an order of the court to do so; has suffered a lack
of memory of the subject matter of his or her statement so as to destroy the declarant’s effectiveness as a witness during the
trial; is unable to be present or to testify at the hearing because of death or because of then-existing physical or mental illness
or infirmity; or is absent from the hearing, and the proponent of a statement has been unable to procure the declarant’s
attendance or testimony by process or other reasonable means. However, a declarant is not unavailable as a witness if such
exemption, refusal, claim of lack of memory, inability to be present, or absence is due to the procurement or wrongdoing of
the party who is the proponent of his or her statement in preventing the witness from attending or testifying.
15
Section 90.804(2)(a)-(f), F.S., includes the following exceptions where the declarant is unavailable: Former testimony,
statement under belief of impending death, statement against interest, statement of personal or family history, statement by
deceased or ill declarant similar to one previously admitted, and statement offered against a party that wrongfully caused the
declarant’s unavailability.
16
Section 90.804(2)(a), F.S.
17
Section 90.804(2)(b), F.S.
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offered to exculpate the accused is inadmissible unless corroborating circumstances show the
trustworthiness of the statement.18
Hearsay within Hearsay
Hearsay within hearsay is not excluded under s. 90.802, F.S., provided each part of the combined
statements conforms with an exception to the hearsay rule as provided in s. 90.803 or s. 90.804,
F.S.19
Florida’s Sexual Predator and Sexual Offender Registration Laws
Florida law requires registration of any person who has been convicted or adjudicated delinquent
of a specified sex offense or offenses and who meets other statutory criteria that qualify the
person for designation as a sexual predator or classification as a sexual offender.20 The
registration laws also require reregistration and provide for public and community notification of
certain information about sexual predators and sexual offenders.
Section 775.21, F.S., provides that a person is designated as a sexual predator by a court if the
person:
 Has been convicted of a qualifying capital, life, or first degree felony sex offense committed
on or after October 1, 1993;21,22
 Has been convicted of a qualifying sex offense committed on or after October 1, 1993, and
has a prior conviction for a qualifying sex offense;23 or
 Was found to be a sexually violent predator in a civil commitment proceeding.24,25
Section 943.0435, F.S., provides that a person is classified as a sexual offender if the person:
 Has been convicted of a qualifying sex offense and has been released on or after October 1,
1997, from the sanction imposed for that offense;26
 Establishes or maintains a Florida residence and is subject to registration or community or
public notification in another state or jurisdiction or is in the custody or control of, or under
the supervision of, another state or jurisdiction as a result of a conviction for a qualifying sex
offense;27 or
 On or after July 1, 2007, has been adjudicated delinquent of a qualifying sexual battery or
lewd offense committed when the juvenile was 14 years of age or older.28
18
Section 90.804(2)(c), F.S.
19
Section 90.805, F.S.
20
Sections 775.21 and 943.0435, F.S.
21
Examples of qualifying sex offenses are sexual battery by an adult on a child under 12 years of age (s. 794.011(2)(a), F.S.)
and lewd battery by an adult on a child 12 years of age or older but under 16 years of age (s. 800.04(4)(a), F.S.).
22
Section 775.21(4)(a)1.a., F.S.
23
Section 775.21(4)(a)1.b., F.S.
24
Section 775.21(4)(d), F.S.
25
Section 775.21(4) and (5), F.S. The Jimmy Ryce Involuntary Civil Commitment for Sexually Violent Predators’ Treatment
and Care Act, part V, ch. 394, F.S., provides for the civil confinement of a group of sexual offenders who, due to their
criminal history and the presence of mental abnormality, are found likely to engage in future acts of sexual violence if they
are not confined in a secure facility for long-term control, care, and treatment.
26
Section 943.0435(1)(h)1.a., F