Florida Statutes
Fla. Stat. § 90.401 (2025)
Definition of relevant evidence.
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90.401 Definition of relevant evidence.—Relevant evidence is evidence tending to prove or disprove a material fact.
Notes of Decisions
Cited in 365
cases (44 in the last 5 years), 1980–2026 · leading case: Bessman Okafor v. State of Florida, 225 So. 3d 768 (Fla. 2017).
Bessman Okafor v. State of Florida, 225 So. 3d 768 (Fla. 2017). “We conclude that the trial court erred in admitting the evidence, but that the error was harmless. In order to be admissible, evidence must be relevant.”
Rodney Tyrone Lowe v. State of Florida, 259 So. 3d 23 (Fla. 2018). “” § 90.401, Fla. Stat. (2017). In the penalty phase context, the jury may not be barred from considering “any aspect of a defendant’s character or record and any of the circumstances of the offense” offered as mitigation.”
Aguirre-Jarquin v. State, 9 So. 3d 593 (Fla. 2009). “Relevant evidence is defined in section 90.401, Florida Statutes (2008), as "evidence tending to prove or disprove a material fact.”
Special v. Baux, 79 So. 3d 755 (Fla. 4th DCA 2011). “" § 90.401, Fla. Stat. (2009). Section 90.403, Florida Statutes (2009), establishes a limitation on the introduction of relevant evidence: "Relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of…”
Leon Davis, Jr. v. State of Florida, 207 So. 3d 142 (Fla. 2016). “As we explain below, we disagree. Our analysis begins with the threshold matter of relevance.”
Victorino v. State, 23 So. 3d 87 (Fla. 2009). “" § 90.401, Fla. Stat. (2004). "Similar fact evidence of other crimes, wrongs or acts is admissible when relevant to prove a material fact in issue, .”
Durousseau v. State, 55 So. 3d 543 (Fla. 2010). “44, 49 (1919); § 90.401, Fla. Stat. (1997). In such an instance, "the trial court must *554 consider not the passage of time alone, but the effect of the passage of time on the evidence.”
Rigterink v. State, 66 So. 3d 866 (Fla. 2011). “) [3] § 90.401, Fla. Stat. (2005) ("Relevant evidence is evidence tending to prove or disprove a material fact.”
Taylor v. State, 855 So. 2d 1 (Fla. 2003). “" § 90.401, Fla. Stat. (1999). There is a distinction between the admission of similar bad acts and "other" bad acts that are not similar to the offense charged.”
Khadafy Kareem Mullens v. State of Florida, 197 So. 3d 16 (Fla. 2016). “” § 90.401, Fla. Stat. (2008). Further, authentication is central to the understanding of relevancy: The authentication requirement may be viewed as an aspect of relevancy.”
Rivera v. State, 859 So. 2d 495 (Fla. 2003). “See § 90.401, Fla. Stat. (2001). Because the statement was nonresponsive to the question and not relevant to the proceedings, we find that the trial court did not abuse its discretion in sustaining the State's objection.”
Alston v. State, 723 So. 2d 148 (Fla. 1998). “We agree with the trial court that the substance of what was said on the videotape concerned the crime for which appellant was charged and tended to prove a material fact; thus it was relevant evidence as defined by section 90.”
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