Florida Statute 90.406 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.406

90.406 Routine practice.—Evidence of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is admissible to prove that the conduct of the organization on a particular occasion was in conformity with the routine practice.

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

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F.S. 90.406 on CourtListener

Amendments to 90.406

Annotations, Discussions, Cases:

Cases Citing Statute 90.406

Total Results: 30

State Farm Fire and Casualty Co. v. Higgins

788 So. 2d 992, 2001 WL 6187

District Court of Appeal of Florida | Filed: Jan 3, 2001 | Docket: 1286759

Cited 26 times | Published

752 So.2d 733, 735 (Fla. 3d DCA 2000). Under section 90.406, Florida Statutes (2000), evidence of a business

Thigpen v. United Parcel Services, Inc.

990 So. 2d 639, 2008 Fla. App. LEXIS 13824, 2008 WL 4146663

District Court of Appeal of Florida | Filed: Sep 10, 2008 | Docket: 1687449

Cited 10 times | Published

is misplaced in the organizational context of § 90.406. The fact that corporate policy is long-standing

Tabb Ex Rel. Tabb v. FLORIDA NICA

880 So. 2d 1253, 2004 WL 1920005

District Court of Appeal of Florida | Filed: Aug 30, 2004 | Docket: 1294959

Cited 10 times | Published

received the brochure when she pre-registered. See § 90.406, Fla. Stat. (2001) ("Evidence of the routine practice

SHANDS TEACHING HOSP. AND CLINICS v. Dunn

977 So. 2d 594, 2007 WL 4105356

District Court of Appeal of Florida | Filed: Nov 20, 2007 | Docket: 2507746

Cited 9 times | Published

question, we turn first to the applicable statute. Section 90.406, Florida Statutes states, Evidence of the routine

Nationwide Mut. Ins. Co. v. Jones

414 So. 2d 1169

District Court of Appeal of Florida | Filed: Jun 9, 1982 | Docket: 73857

Cited 9 times | Published

appeal did either party mention or rely on section 90.406, Florida Statutes (1979), The Florida Evidence

Thurman v. UAC

881 So. 2d 89, 2004 WL 1877360

District Court of Appeal of Florida | Filed: Aug 24, 2004 | Docket: 1466198

Cited 8 times | Published

principle that has been adopted by this court. Section 90.406, Florida Statutes, states, Evidence of the

Best Meridian Ins. Co. v. Tuaty

752 So. 2d 733, 2000 WL 313574

District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 1682298

Cited 8 times | Published

was in conformity with the routine practice." § 90.406, Fla. Stat. (1997). "Evidence of a business' routine

Hartford Acc. and Indem. Co. v. Ocha

472 So. 2d 1338, 10 Fla. L. Weekly 1798

District Court of Appeal of Florida | Filed: Jul 24, 1985 | Docket: 1793469

Cited 8 times | Published

Brian's application for a driver's license. Section 90.406, Florida Statutes (1979), states: "Routine

Eig v. INS. CO. OF NORTH AMERICA

447 So. 2d 377, 1984 Fla. App. LEXIS 12297

District Court of Appeal of Florida | Filed: Mar 13, 1984 | Docket: 1312115

Cited 6 times | Published

deposition of an employee who testified, pursuant to section 90.406, Florida Statutes (1981), that appellee's routine

Lumbermens Mut. Cas. Co. v. Alvarez

443 So. 2d 279, 1983 Fla. App. LEXIS 25240

District Court of Appeal of Florida | Filed: Dec 20, 1983 | Docket: 1458537

Cited 6 times | Published

done away with in 1979 with the enactment of Section 90.406, Florida Statutes (1979).[1] That section,

Progressive American Ins. Co. v. Kurtz

518 So. 2d 1339, 13 Fla. L. Weekly 1, 1987 Fla. App. LEXIS 11742, 1987 WL 3172

District Court of Appeal of Florida | Filed: Dec 24, 1987 | Docket: 1778576

Cited 2 times | Published

practice was followed in a specific case. See also section 90.406, Florida Statutes, which provides that evidence

Edmonds v. U.S. Bank National Association

215 So. 3d 628, 2017 WL 1277738, 2017 Fla. App. LEXIS 4573

District Court of Appeal of Florida | Filed: Apr 5, 2017 | Docket: 4669311

Cited 1 times | Published

mailing letters.” Allen, slip op. at 4; see also § 90.406, Fla. Stat. (2014); CitiMortgage, Inc. v. Hoskinson

Marion County v. Kirk

965 So. 2d 330, 2007 WL 2735936

District Court of Appeal of Florida | Filed: Sep 21, 2007 | Docket: 447051

Cited 1 times | Published

county and delivered to MSTU for mailing. See § 90.406, Fla. Stat. (2006). Furthermore, the grant of

Simmons v. Roorda

601 So. 2d 609, 1992 WL 135051

District Court of Appeal of Florida | Filed: Jun 19, 1992 | Docket: 1305210

Cited 1 times | Published

of the routine practices of the organization. § 90.406, Fla. Stat. (1987). We also agree with the trial

REYNALDO P. SANTANA v. DEUTSCHE BANK TRUST COMPANY AMERICAS, etc.

District Court of Appeal of Florida | Filed: Jan 13, 2021 | Docket: 29102437

Published

company’s routine business practices under section 90.406, Florida Statutes (20[20]), may be sufficient

PEGGY A. THORLTON v. NATIONSTAR MORTGAGE, L L C

257 So. 3d 596

District Court of Appeal of Florida | Filed: Oct 17, 2018 | Docket: 8040495

Published

related to routine business practices under section 90.406, Florida Statutes (2016), or lack of personal

STEVEN E. SOULE v. U. S. BANK NATIONAL ASSOCIATION

253 So. 3d 679

District Court of Appeal of Florida | Filed: Jul 13, 2018 | Docket: 7428845

Published

default letter was mailed. Id. (citing § 90.406, Fla. Stat. (2014)). But the witness

PNC Bank v. Roberts

246 So. 3d 482

District Court of Appeal of Florida | Filed: Apr 23, 2018 | Docket: 6385780

Published

were actually mailed to Borrowers in this case.4 § 90.406, Fla. Stat. (2009); Brown v. Giffen Indus., Inc

ISAIAH L. SPENCER & SHATIKA L. SPENCER v. DITECH FINANCIAL, L L C

242 So. 3d 1189

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354221

Published

that the default letter was mailed. Id. (citing § 90.406, Fla. Stat. (2014)). But the witness must have

Wells Fargo Bank, N.A. v. Ayers

219 So. 3d 89, 2017 WL 1175877, 2017 Fla. App. LEXIS 4177

District Court of Appeal of Florida | Filed: Mar 29, 2017 | Docket: 60266967

Published

routine practice under Florida’s Evidence Code, see § 90.406, Fla. Stat. (2015), and was sufficient to preclude

Allen v. Wilmington Trust, N.A.

216 So. 3d 685, 2017 Fla. App. LEXIS 3970

District Court of Appeal of Florida | Filed: Mar 24, 2017 | Docket: 4621425

Published

company’s routine business practices under section 90.406, Florida Statutes (2014), may be sufficient

Citimortgage, Inc. v. Hoskinson

200 So. 3d 191, 2016 Fla. App. LEXIS 10455, 2016 WL 3653523

District Court of Appeal of Florida | Filed: Jul 8, 2016 | Docket: 4111067

Published

evidence of an organization’s routine practice. § 90.406, Fla. Stat. (2014); see Brown v. Giffen

Natacha Peuguero and Angelo Peuguero v. Bank of America, N.A.

169 So. 3d 1198, 2015 Fla. App. LEXIS 10774, 2015 WL 4268796

District Court of Appeal of Florida | Filed: Jul 15, 2015 | Docket: 2679194

Published

was in conformity with the routine practice.” § 90.406, Fla. Stat. (2013); People’s Trust Ins.

People's Trust Insurance Co. v. Roddy

134 So. 3d 1071, 2013 WL 6081811, 2013 Fla. App. LEXIS 18417

District Court of Appeal of Florida | Filed: Nov 20, 2013 | Docket: 60239024

Published

was in conformity with the routine practice.” § 90.406, Fla. Stat. (2012). This evidence went to the

McKeithan ex rel. McKeithan v. HCA Health Services of Florida

879 So. 2d 47, 2004 Fla. App. LEXIS 9185, 2004 WL 1462100

District Court of Appeal of Florida | Filed: Jun 30, 2004 | Docket: 64832065

Published

of all patients within the unit. *49Although section 90.406, Florida Statutes (2003), does not apply to

Liberty Mutual Insurance Co. v. Ledford

691 So. 2d 1164, 1997 Fla. App. LEXIS 3995, 1997 WL 186264

District Court of Appeal of Florida | Filed: Apr 18, 1997 | Docket: 64772546

Published

v. Jones, 414 So.2d 1169 (Fla. 5th DCA 1982); § 90.406, Fla. Stat. (1995). . We note that the Ledfords

Florida East Coast Properties, Inc. v. COASTAL CONST. PRODUCTS, INC.

553 So. 2d 705, 14 Fla. L. Weekly 2446, 1989 Fla. App. LEXIS 7281, 1989 WL 120875

District Court of Appeal of Florida | Filed: Dec 26, 1989 | Docket: 1259110

Published

was in conformity with the routine practice." § 90.406, Fla. Stat. (1987); see Brown v. Giffen Indus

Robinson v. Hillsborough Area Regional Transit Authority

545 So. 2d 478, 14 Fla. L. Weekly 1515, 1989 Fla. App. LEXIS 3616, 1989 WL 67501

District Court of Appeal of Florida | Filed: Jun 21, 1989 | Docket: 64643311

Published

routine office practices of the law offices. See § 90.406, Fla.Stat. (1983). Further, an allegation regarding

Duffell v. South Walton Emergency Services, Inc.

501 So. 2d 1352, 12 Fla. L. Weekly 396

District Court of Appeal of Florida | Filed: Jan 26, 1987 | Docket: 64624838

Published

Florida’s Evidence Code. It was inadmissible under section 90.406, relating to routine practices of organizations

Fortune Insurance Co. v. Sims

464 So. 2d 251, 10 Fla. L. Weekly 567, 1985 Fla. App. LEXIS 12771

District Court of Appeal of Florida | Filed: Mar 6, 1985 | Docket: 64610197

Published

they had no other coverage. The court quoted section 90.406, Florida Statutes (1979), which provides: Evidence