Florida Statutes

Fla. Stat. § 90.102 (2025)

Construction.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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90.102 Construction.—This chapter shall replace and supersede existing statutory or common law in conflict with its provisions.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.

Notes of Decisions

Cited in 7 cases, 1983–2018 · leading case: Sikes v. Seaboard Coast Line R. Co., 429 So. 2d 1216 (Fla. 1st DCA 1983).

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Sikes v. Seaboard Coast Line R. Co., 429 So. 2d 1216 (Fla. 1st DCA 1983). · cites it 2× “Although we are guided by Florida Supreme Court precedent, the obvious conflict between that court's prior opinions based on the common law and the code enacted by the legislature convinces us that the rule stated in the older opinions is no longer applicable.”

Chavez v. State, 25 So. 3d 49 (Fla. 1st DCA 2009). · cites it 3× “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.”

Dean v. Dean, 607 So. 2d 494 (Fla. 4th DCA 1992). “[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.”

Ritter v. Shamas, 452 So. 2d 1057 (Fla. 3d DCA 1984). · cites it 2× “§ 90.102, Fla. Stat. (1983). The Code provides first that: "All relevant evidence is admissible, except as provided by law.”

Gabriel Brian Nock v. State of Florida, 256 So. 3d 828 (Fla. 2018). · cites it 2× “The Statutory Rule of Completeness In 1976, the Legislature enacted the Florida Evidence Code. See ch. 76-237, Laws of Fla.”

Browne v. State, 132 So. 3d 312 (Fla. 4th DCA 2014). “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.”

Pawlendzio v. Senco Prods., Inc., 610 So. 2d 734 (Fla. 5th DCA 1992). · cites it 2× “It is also urged that through section 90.102, Florida Statutes (1987), section 90.”

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