Florida Statutes

Fla. Stat. § 90.103 (2025)

Scope; applicability.

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90.103 Scope; applicability.—

(1) Unless otherwise provided by statute, this code applies to the same proceedings that the general law of evidence applied to before the effective date of this code.

(2) This act shall apply to criminal proceedings related to crimes committed after the effective date of this code and to civil actions and all other proceedings pending on or brought after October 1, 1981.

(3) Nothing in this act shall operate to repeal or modify the parol evidence rule.

History.—ss. 1, 5, 7, ch. 76-237; s. 1, ch. 77-77; ss. 1, 22, ch. 78-361; ss. 1, 2, ch. 78-379; s. 1, ch. 81-93.

Notes of Decisions

Cited in 30 cases, 1979–2019 · leading case: Reeser v. Boats Unlimited, Inc., 432 So. 2d 1346 (Fla. Dist. Ct. App. 1983).

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Reeser v. Boats Unlimited, Inc., 432 So. 2d 1346 (Fla. Dist. Ct. App. 1983). · cites it 4× “See, §§ 90.103, Fla. Stat. (1979), and 90.103, Fla.”

In Re Florida Evidence Code, 376 So. 2d 1161 (Fla. 1979). · cites it 4× “We affirmatively state that our opinion of June 28, 1979, adopted section 90.103, Florida Statutes, in its entirety.”

Miami Herald Pub. Co. v. City of North Miami, 452 So. 2d 572 (Fla. Dist. Ct. App. 1984). · cites it 4× “1979); see also § 90.103(1), Fla. Stat. (1981) (wherein the Evidence Code provides that "[u]nless otherwise provided by statute, this code applies to the same proceedings that the general law of evidence applied to before the effective date of this code"); Black's Law Dictionary…”

Erp v. Carroll, 438 So. 2d 31 (Fla. Dist. Ct. App. 1983). · cites it 2× “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.”

Tresvant v. State, 396 So. 2d 733 (Fla. Dist. Ct. App. 1981). · cites it 2× “§ 90.103, Fla. Stat. (1979). Section 90.803(18), however, adopted existing Florida law.”

McRae v. State, 383 So. 2d 289 (Fla. Dist. Ct. App. 1980). · cites it 2× “NOTES [1] Under the Florida Evidence Code, applicable to criminal proceedings related to crimes committed after its effective date, § 90.103(2), Fla. Stat. (1979), Piacenti's testimony would not constitute hearsay.”

Hawthorne v. State, 470 So. 2d 770 (Fla. Dist. Ct. App. 1985). · cites it 2× “§ 90.103(2), Fla. Stat. The code, patterned generally after the Federal Rules of Evidence, is, like its federal counterpart, silent as to any requirement that there be general acceptance of a newly developed scientific technique or principle in the particular field in which it…”

Alford v. G. Pierce Woods Mem'l Hosp., 621 So. 2d 1380 (Fla. Dist. Ct. App. 1993). · cites it 2× “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.”

Pino v. Koelber, 389 So. 2d 1191 (Fla. Dist. Ct. App. 1980). · cites it 2× “§ 90.103(2), Fla. Stat. (1979). Yet, both of the conclusions we have reached to reverse this case coincide with the result which the code would dictate.”

Webb v. State, 426 So. 2d 1033 (Fla. Dist. Ct. App. 1983). · cites it 2× “[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.”

Sarno v. State, 424 So. 2d 829 (Fla. Dist. Ct. App. 1982). · cites it 2× “§ 90.103(2), Fla. Stat. (1979); In re Evidence Code, 376 So.”

Dickie v. State, 216 So. 3d 35 (Fla. 2d DCA 2017). “See § 90.103(1) ("Unless otherwise provided by statute, [the Florida Evidence Code] applies to the same proceedings that the general law of evidence applied to before the effective date of this code.”

Show all 30 citing cases →

— 90.103(1) — 7 cases

Miami Herald Pub. Co. v. City of North Miami, 452 So. 2d 572 (Fla. Dist. Ct. App. 1984). “1979); see also § 90.103(1), Fla. Stat. (1981) (wherein the Evidence Code provides that "[u]nless otherwise provided by statute, this code applies to the same proceedings that the general law of evidence applied to before the effective date of this code"); Black's Law Dictionary…”

Alford v. G. Pierce Woods Mem'l Hosp., 621 So. 2d 1380 (Fla. Dist. Ct. App. 1993). “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.”

Odom v. Wekiva Concrete Prods., 443 So. 2d 331 (Fla. Dist. Ct. App. 1983).

Hillsborough Cnty. Bd. of Cnty. Commissioners v. Pub. Employees Relations Comm'n, 424 So. 2d 132 (Fla. Dist. Ct. App. 1982).

— 90.103(2) — 12 cases

McRae v. State, 383 So. 2d 289 (Fla. Dist. Ct. App. 1980). “NOTES [1] Under the Florida Evidence Code, applicable to criminal proceedings related to crimes committed after its effective date, § 90.103(2), Fla. Stat. (1979), Piacenti's testimony would not constitute hearsay.”

Hawthorne v. State, 470 So. 2d 770 (Fla. Dist. Ct. App. 1985). “§ 90.103(2), Fla. Stat. The code, patterned generally after the Federal Rules of Evidence, is, like its federal counterpart, silent as to any requirement that there be general acceptance of a newly developed scientific technique or principle in the particular field in which it…”

Pino v. Koelber, 389 So. 2d 1191 (Fla. Dist. Ct. App. 1980). “§ 90.103(2), Fla. Stat. (1979). Yet, both of the conclusions we have reached to reverse this case coincide with the result which the code would dictate.”

Sarno v. State, 424 So. 2d 829 (Fla. Dist. Ct. App. 1982). “§ 90.103(2), Fla. Stat. (1979); In re Evidence Code, 376 So.”

Affiliated of Florida v. U-Need Sundries, Inc., 397 So. 2d 764 (Fla. Dist. Ct. App. 1981).

— 90.103(3) — 3 cases

Marsh v. Marsh, 399 So. 2d 433 (Fla. Dist. Ct. App. 1981).

King v. Est. of King, 554 So. 2d 600 (Fla. Dist. Ct. App. 1989).

Billera v. Custom Laminating Window Prods., Inc., 11 Fla. Supp. 2d 120 (Fla. Palm Beach Cty. Ct. 1985).

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