Florida Statutes

Fla. Stat. § 90.402 (2025)

Admissibility of relevant evidence.

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90.402 Admissibility of relevant evidence.—All relevant evidence is admissible, except as provided by law.

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 309 cases (27 in the last 5 years), 1981–2026 · leading case: Dorsett v. State, 944 So. 2d 1207 (Fla. 3d DCA 2006).

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Dorsett v. State, 944 So. 2d 1207 (Fla. 3d DCA 2006). · cites it 20× “See § 90.402, Fla. Stat. (2003). Relevant evidence is defined as "evidence tending to prove or disprove a material fact.”

Victorino v. State, 23 So. 3d 87 (Fla. 2009). · cites it 16× “§ 90.402, Fla. Stat. (2004). "Relevant evidence is evidence tending to prove or disprove a material fact.”

McGirth v. State, 48 So. 3d 777 (Fla. 2010). · cites it 14× “(citing *787 § 90.402, Fla. Stat. (2004)). There are two categories under which evidence of uncharged crimes or bad acts will be admissiblesimilar fact evidence, otherwise known as Williams rule evidence, and dissimilar fact evidence.”

Quentin Marcus Truehill v. State of Florida, 211 So. 3d 930 (Fla. 2017). · cites it 7× “The trial court specifically found that the evidence at issue was a mixture of Williams-rule5 evidence and evidence that was relevant under section 90.402, Florida Statutes (2010). 5.”

Beckman v. State, 230 So. 3d 77 (Fla. 3d DCA 2017). · cites it 9× “See § 90.402, Fla. Stat. (2013) (“All relevant evidence is admissible, except as provided by law.”

Bradley v. State, 787 So. 2d 732 (Fla. 2001). · cites it 4× “See § 90.402, Fla. Stat. (1995). The Court also said relevant evidence will not be excluded merely because it relates to facts that point to the commission of a separate crime, but added the caveat that "the question of the relevancy of this type of evidence should be cautiously…”

Gosciminski v. State, 132 So. 3d 678 (Fla. 2013). · cites it 6× “(citing § 90.402, Fla. Stat. (2004)). 1. Evidence of “Bad Conduct” In Issue 1, Gosciminski asserts that it was improper to allow Debra Thomas to testify that she moved back with him in August 2002 because he threatened to harm her, her family, and Ben Thomas.”

Taylor v. State, 855 So. 2d 1 (Fla. 2003). · cites it 4× “Under section 90.402, Florida Statutes (1999), "[a]ll relevant evidence is admissible, except as provided by law.”

Aguirre-Jarquin v. State, 9 So. 3d 593 (Fla. 2009). · cites it 4× “" § 90.402, Fla. Stat. (2008). Samantha's testimony was relevant to prove that *607 Aguirre did not have consent to walk into the victims' home whenever he pleased.”

White v. State, 817 So. 2d 799 (Fla. 2002). · cites it 4× “See § 90.402, Fla. Stat. (1995). The Court also said relevant evidence will not be excluded merely because it relates to facts that point to the commission of a separate crime, but added the caveat that "the question of the relevancy of this type of evidence should be cautiously…”

Zack v. State, 753 So. 2d 9 (Fla. 2000). · cites it 4× “See § 90.402, Fla. Stat. (1995). The Court also said relevant evidence will not be excluded merely because it relates to facts that point to the commission of a separate crime, but added the caveat that "the question of the relevancy of this type of evidence should be cautiously…”

Twilegar v. State, 42 So. 3d 177 (Fla. 2010). · cites it 3× “” § 90.402, Fla. Stat. (2007). Section 90.403 sets forth the following exclusion: 90.”

Show all 309 citing cases →

— 90.402(2) — 6 cases

Amend. to Rules of App. Proc., Civ. Proc., 887 So. 2d 1090 (Fla. 2004).

Amendments to the Rules of Juv. Procedure, 783 So. 2d 138 (Fla. 2000).

In re Amendments to the Florida Rules of Juv. Procedure, 123 So. 3d 1128 (Fla. 2013).

T.J. v. State, 57 So. 3d 975 (Fla. 3d DCA 2011).

In Re: Amendments to the Florida Rules of Juv. Procedure - 2018 Regular-Cycle Report, 258 So. 3d 1254 (Fla. 2018).

— 90.402(2)(a) — 3 cases

Taylor v. State, 855 So. 2d 1 (Fla. 2003). “Under section 90.402, Florida Statutes (1999), "[a]ll relevant evidence is admissible, except as provided by law.”

Robertson v. State, 780 So. 2d 106 (Fla. 3d DCA 2001).

Smith v. Hooligan's Pub & Oyster Bar, Ltd., 753 So. 2d 596 (Fla. 3d DCA 2000).

— 90.402(2)(b) — 3 cases

Stewart v. State, 147 So. 3d 119 (Fla. 1st DCA 2014).

Jackson Pridemore v. State of Florida (Fla. 4th DCA 2020).

Jose Reyna v. State of Florida (Fla. 4th DCA 2020).

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