Florida Statute 90.103 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

View Entire Chapter

F.S. 90.103

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.

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Amendments to 90.103

Annotations, Discussions, Cases:

Cases Citing Statute 90.103

Total Results: 28

Erp v. Carroll

438 So. 2d 31

District Court of Appeal of Florida | Filed: Aug 18, 1983 | Docket: 1731785

Cited 20 times | Published

this case accrued on May 10, 1978. Although section 90.103, Florida Statutes (1979), was amended in 1981

McRae v. State

383 So. 2d 289

District Court of Appeal of Florida | Filed: May 7, 1980 | Docket: 1512439

Cited 20 times | Published

to crimes committed after its effective date, § 90.103(2), Fla. Stat. (1979), Piacenti's testimony would

In Re Florida Evidence Code

376 So. 2d 1161, 1979 Fla. LEXIS 4846

Supreme Court of Florida | Filed: Nov 8, 1979 | Docket: 1410950

Cited 20 times | Published

that our opinion of June 28, 1979, adopted section 90.103, Florida Statutes, in its entirety. By our

Hillsborough, Etc. v. Pub. Emp. Rel. Com'n

424 So. 2d 132

District Court of Appeal of Florida | Filed: Dec 28, 1982 | Docket: 1297440

Cited 19 times | Published

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

Tresvant v. State

396 So. 2d 733

District Court of Appeal of Florida | Filed: Mar 13, 1981 | Docket: 1447258

Cited 18 times | Published

to crimes committed after its effective date. § 90.103, Fla. Stat. (1979). Section 90.803(18), however

Reeser v. Boats Unlimited, Inc.

432 So. 2d 1346

District Court of Appeal of Florida | Filed: May 4, 1983 | Docket: 1677429

Cited 16 times | Published

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

Hawthorne v. State

470 So. 2d 770, 10 Fla. L. Weekly 1406

District Court of Appeal of Florida | Filed: Jun 7, 1985 | Docket: 1676407

Cited 15 times | Published

actions pending on or brought after October 1, 1981. § 90.103(2), Fla. Stat. The code, patterned generally after

Miami Herald Pub. Co. v. City of North Miami

452 So. 2d 572

District Court of Appeal of Florida | Filed: Feb 14, 1984 | Docket: 1517621

Cited 10 times | Published

Code, 376 So.2d 1161, 1162 (Fla. 1979); see also § 90.103(1), Fla. Stat. (1981) (wherein the Evidence Code

Alford v. G. Pierce Woods Memorial Hosp.

621 So. 2d 1380, 1993 WL 247134

District Court of Appeal of Florida | Filed: Jul 7, 1993 | Docket: 1677754

Cited 9 times | Published

provisions of section 90.702 therein. Indeed, Section 90.103(1), Florida Statutes (1987), states that the

Webb v. State

426 So. 2d 1033

District Court of Appeal of Florida | Filed: Jan 19, 1983 | Docket: 1283263

Cited 9 times | Published

98 S.Ct. 163, 54 L.Ed.2d 120 (1977). [9] Section 90.103, Florida Statutes (1981), states unequivocally

Sarno v. State

424 So. 2d 829

District Court of Appeal of Florida | Filed: Nov 9, 1982 | Docket: 1297033

Cited 9 times | Published

1979 makes it inapplicable to the present case. § 90.103(2), Fla. Stat. (1979); In re Evidence Code, 376

Pino v. Koelber

389 So. 2d 1191

District Court of Appeal of Florida | Filed: Oct 10, 1980 | Docket: 1282167

Cited 9 times | Published

accrued before the effective date of the code. § 90.103(2), Fla. Stat. (1979). Yet, both of the conclusions

Corry v. Meggs

498 So. 2d 508, 11 Fla. L. Weekly 2392

District Court of Appeal of Florida | Filed: Nov 12, 1986 | Docket: 1699832

Cited 7 times | Published

Florida Evidence § 103.2 at 4-5, (2d ed. 1984). Section 90.103(2), as ultimately adopted, makes the Code applicable

Affiliated of Florida v. U-Need Sundries, Inc.

397 So. 2d 764

District Court of Appeal of Florida | Filed: May 1, 1981 | Docket: 1357349

Cited 7 times | Published

an in camera inquiry into the privilege. [2] § 90.103(2), Fla. Stat. (1979).

Odom v. Wekiva Concrete Products

443 So. 2d 331

District Court of Appeal of Florida | Filed: Dec 28, 1983 | Docket: 1458541

Cited 4 times | Published

proceedings by virtue of the provisions of Section 90.103(1) of the Code. There are, however, decisions

Action Fire Safety v. BISCAYNE FIRE EQUIPMENT

383 So. 2d 969, 1980 Fla. App. LEXIS 16734

District Court of Appeal of Florida | Filed: May 27, 1980 | Docket: 457412

Cited 4 times | Published

101, Florida Statutes (1979) et seq. Under Section 90.103(2), the Florida Evidence Code applies to civil

Dickie v. State

216 So. 3d 35, 2017 WL 913634, 2017 Fla. App. LEXIS 3028

District Court of Appeal of Florida | Filed: Mar 8, 2017 | Docket: 4615268

Cited 3 times | Published

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

King v. Estate of King

554 So. 2d 600, 1989 WL 153644

District Court of Appeal of Florida | Filed: Dec 20, 1989 | Docket: 1693369

Cited 3 times | Published

have no effect upon the parol evidence rule. See § 90.103(3), Fla. Stat. Consequently, that portion of the

Marsh v. Marsh

399 So. 2d 433

District Court of Appeal of Florida | Filed: Jun 3, 1981 | Docket: 1652394

Cited 3 times | Published

[19] § 689.15, Fla. Stat. (1979). [20] See § 90.103(3), Fla. Stat. (1979). [21] In Parramore v. Parramore

City of Tampa v. Titan Southeast Construction Corp.

535 F. Supp. 163, 1982 U.S. Dist. LEXIS 11540

District Court, M.D. Florida | Filed: Mar 19, 1982 | Docket: 1332956

Cited 2 times | Published

before the effective date of this Code." Fla.Stat. § 90.103. In addition, it supersedes the "existing statutory

Cec Entertainment v. Zaldivar

274 So. 3d 433

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 14988983

Published

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

MICHAEL P. GORZYNSKI v. STATE OF FLORIDA

255 So. 3d 990

District Court of Appeal of Florida | Filed: Oct 10, 2018 | Docket: 8015390

Published

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

Florida Industrial Power Users Group v. Art Graham, etc.

209 So. 3d 1142, 42 Fla. L. Weekly Supp. 42, 2017 WL 372086, 2017 Fla. LEXIS 189

Supreme Court of Florida | Filed: Jan 26, 2017 | Docket: 4574078

Published

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

Reeser v. Boats Unlimited, Inc.

432 So. 2d 1346, 1983 Fla. App. LEXIS 20057

District Court of Appeal of Florida | Filed: May 4, 1983 | Docket: 64597565

Published

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

Fredericks v. Howell

426 So. 2d 1200, 1983 Fla. App. LEXIS 19030

District Court of Appeal of Florida | Filed: Feb 9, 1983 | Docket: 64595137

Published

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

Hillsborough County Board of County Commissioners v. Public Employees Relations Commission

424 So. 2d 132, 1982 Fla. App. LEXIS 22055

District Court of Appeal of Florida | Filed: Dec 28, 1982 | Docket: 64594387

Published

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

Florida Bar

404 So. 2d 743, 1981 Fla. LEXIS 2849

Supreme Court of Florida | Filed: Sep 17, 1981 | Docket: 64585480

Published

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

Mangram v. State

392 So. 2d 596, 1981 Fla. App. LEXIS 20451

District Court of Appeal of Florida | Filed: Jan 20, 1981 | Docket: 64579641

Published

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