Florida Statutes

Fla. Stat. § 90.4026 (2025)

Statements expressing sympathy; admissibility; definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

90.4026 Statements expressing sympathy; admissibility; definitions.—

(1) As used in this section:

(a) “Accident” means an occurrence resulting in injury or death to one or more persons which is not the result of willful action by a party.

(b) “Benevolent gestures” means actions that convey a sense of compassion or commiseration emanating from human impulses.

(c) “Family” means the spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half brother, half sister, adopted child of parent, or spouse’s parent of an injured party.

(2) The portion of statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person involved in an accident and made to that person or to the family of that person shall be inadmissible as evidence in a civil action. A statement of fault, however, which is part of, or in addition to, any of the above shall be admissible pursuant to this section.

History.—s. 1, ch. 2001-132.

Notes of Decisions

Cited in 3 cases, 2002–2016 · leading case: In Re Amendments to Fla. Evidence Code, 825 So. 2d 339 (Fla. 2002).

Sort: Relevance Newest Treatment

In Re Amendments to Fla. Evidence Code, 825 So. 2d 339 (Fla. 2002). · cites it 2× “Chapter 2001-132, section 1, creates section 90.4026, Florida Statutes (Statements expressing sympathy; admissibility; definitions) which provides that portions of statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the…”

Stewart v. Vivian, 2016 Ohio 2892 (Ohio Ct. App. 2016). “Title 10, Section 4318; Fla.Stat.Ann. 90.4026; Haw.Rev.Stat. Ann.”

Davis v. Wooster Orthopaedics & Sports Med., Inc., 2011 Ohio 3199 (Ohio Ct. App. 2011). “Title 10, Section 4318 (2011); Fla.Stat.Ann. 90.4026 (West 2011); Haw.Rev.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.