Florida Statute 90.104 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.104

90.104 Rulings on evidence.—

(1) A court may predicate error, set aside or reverse a judgment, or grant a new trial on the basis of admitted or excluded evidence when a substantial right of the party is adversely affected and:

(a) When the ruling is one admitting evidence, a timely objection or motion to strike appears on the record, stating the specific ground of objection if the specific ground was not apparent from the context; or

(b) When the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer of proof or was apparent from the context within which the questions were asked.

If the court has made a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party need not renew an objection or offer of proof to preserve a claim of error for appeal.

(2) In cases tried by a jury, a court shall conduct proceedings, to the maximum extent practicable, in such a manner as to prevent inadmissible evidence from being suggested to the jury by any means.

(3) Nothing in this section shall preclude a court from taking notice of fundamental errors affecting substantial rights, even though such errors were not brought to the attention of the trial judge.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 1, ch. 77-174; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 1, ch. 2003-259.

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Amendments to 90.104

Arrestable Offenses / Crimes under Fla. Stat. 90.104

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.104.

Annotations, Discussions, Cases:

Cases Citing Statute 90.104

Total Results: 20

BACILIO ANTEMATE XOLO v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-07-26

Snippet: criminal appeal shows the tension between section 90.104(1), Florida Statutes, and precedent from the Florida

SANDRA PEREZ CARBONELL v. CITIZENS PROPERTY INSURANCE CORPORATION

Court: District Court of Appeal of Florida | Date Filed: 2024-01-05

Snippet: DCA 2006) (alterations in original) (quoting § 90.104(1), Fla. Stat. (2006)). However, having concluded

Universal Insurance Company of North America v. Sunset 102 Office Park Condominium Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2023-12-13

Snippet: of section 90.104(1)(a).”); Filan v. State, 768 So. 2d 1100 (Fla. 4th DCA 2000); § 90.104(1)(a), Florida

Granville Ritchie v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2022-06-09

Snippet: see also id. at 609 n.6 (explaining that section 90.104(1), Florida Statutes, which “was amended in 2003

WILLIAM HERNANDEZ v. CGI WINDOWS AND DOORS, INC.

Court: District Court of Appeal of Florida | Date Filed: 2022-03-02

Snippet: propriety of admissibility ripe for review. See § 90.104(1)(b), Fla. Stat. (2021) (“If the court has made

PATRICK SUTTON v. HAROLD J. FOWLER, JR.

Court: District Court of Appeal of Florida | Date Filed: 2021-12-22

Snippet: required to continually assert an objection. See § 90.104, Fla. Stat. (2020) (“If the court has made a definitive

SHANTEL KIMBERLY EMMITT v. FIRST TRANSIT, INC. d/b/a TROLLEY 606

Court: District Court of Appeal of Florida | Date Filed: 2020-07-22

Snippet: was entitled to a new trial pursuant to section 90.104, Florida Statutes, due to the “exclusion” of the

Kenneth Lee Manhard v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-10-01

Snippet: 6 preserve a claim of error for appeal.” § 90.104(1), Fla. Stat. (2019). However, failure to object

DANIEL HUDSON v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-08-21

Snippet: victim’s wife in accordance with our mandate. See § 90.104(1)(b), Fla. Stat. (2018) (“If the court has made

Roger N. Rosier v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-06-28

Snippet: brought to the court’s attention.”); see also § 90.104(3), Fla. Stat. (2019) (noting that a court may

HERMAN FARRELL v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-05-29

Citation: 273 So. 3d 43

Snippet: substantial right of the party is adversely affected.” § 90.104(1), Fla. Stat. (2017). “When a defendant’s sole

In Re: Amendments to the Florida Evidence Code

Court: Supreme Court of Florida | Date Filed: 2019-05-23

Snippet: Code—Section 90.104, 914 So. 2d 940, 941 (Fla. 2005) (adopting the 2003 amendment to section 90.104(1)(b),

Lee v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-12-27

Citation: 264 So. 3d 225

Snippet: obligation to control the admission of evidence. § 90.104(2), Fla. Stat. (2015) (requiring judges to "conduct

Lee v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-12-27

Citation: 264 So. 3d 225

Snippet: obligation to control the admission of evidence. § 90.104(2), Fla. Stat. (2015) (requiring judges to "conduct

William Lee v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-12-27

Snippet: obligation to control the admission of evidence. § 90.104(2), Fla. Stat. (2015) (requiring judges to “conduct

Raymond v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-11-02

Citation: 257 So. 3d 624

Snippet: state of mind, which the court refused); see also § 90.104(1)(a), Fla. Stat. (explaining that a court may

Richard DeLisle v. Crane Co.

Court: Supreme Court of Florida | Date Filed: 2018-10-15

Citation: 258 So. 3d 1219

Snippet: In re Amends. to the Fla. Evidence Code-Section 90.104 , 914 So.2d 940 (Fla. 2005) ; Amends. to the Fla

Antonio Williams v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-09-14

Citation: 252 So. 3d 859

Snippet: issue is preserved for our review, see section 90.104(1), Florida Statutes (2017), but we find no abuse

TRAVIS L. JACKSON v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-08-01

Citation: 252 So. 3d 767

Snippet: “specific ground” of the objection at trial. § 90.104(1), Fla. Stat. (2017); Vergara v. State, 486 So

KIA MOTORS AMERICA, INC. v. KHRISTOPHER DOUGHTY & KATARZYNA DZIEWIECIEN

Court: District Court of Appeal of Florida | Date Filed: 2018-03-14

Citation: 242 So. 3d 1172

Snippet: did not avail himself of that opportunity. See § 90.104(1)(b), Fla. Stat. (2016)