Florida Statute 90.4026 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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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.

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Amendments to 90.4026

Annotations, Discussions, Cases:

Cases Citing Statute 90.4026

Total Results: 1

In Re Amendments to Fla. Evidence Code

825 So. 2d 339, 27 Fla. L. Weekly Supp. 679, 2002 Fla. LEXIS 1482, 2002 WL 1476290

Supreme Court of Florida | Filed: Jul 11, 2002 | Docket: 1312117

Cited 11 times | Published

questions. Chapter 2001-132, section 1, creates section 90.4026, Florida Statutes (Statements expressing sympathy;

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