Florida Statutes

Fla. Stat. § 90.406 (2025)

Routine practice.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 32 cases, 1982–2018 · leading case: Shands Teaching Hosp. & Clinics v. Dunn, 977 So. 2d 594 (Fla. 1st DCA 2007).

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Shands Teaching Hosp. & Clinics v. Dunn, 977 So. 2d 594 (Fla. 1st DCA 2007). · cites it 5× “§ 90.406 Fla. Stat. (2007). The existence of a routine practice creates an inference that an agent or employee of the organization acted according to the practice.”

Thurman v. UAC, 881 So. 2d 89 (Fla. 1st DCA 2004). · cites it 5× “Section 90.406, Florida Statutes, states, Evidence of the routine practice of an organization, whether corroborated or *93 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…”

Tabb Ex Rel. Tabb v. Florida Nica, 880 So. 2d 1253 (Fla. 1st DCA 2004). · cites it 4× “See § 90.406, Fla. Stat. (2001) ("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…”

Thigpen v. United Parcel Servs., Inc., 990 So. 2d 639 (Fla. 4th DCA 2008). · cites it 3× “[6] § 90.406, Fla. Stat. (2007) ("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…”

State Farm Fire & Cas. Co. v. Higgins, 788 So. 2d 992 (Fla. 4th DCA 2001). · cites it 2× “Under section 90.406, Florida Statutes (2000), evidence of a business routine with regard to mailing letters is admissible to show that the letter in question was mailed in accordance with the routine practice.”

Edmonds v. U.S. Bank Nat'l Ass'n, 215 So. 3d 628 (Fla. 2d DCA 2017). · cites it 2× “at 4; see also § 90.406, Fla. Stat. (2014); CitiMortgage, Inc.”

Citimortgage, Inc. v. Hoskinson, 200 So. 3d 191 (Fla. 5th DCA 2016). · cites it 2× “§ 90.406, Fla. Stat. (2014); see Brown v.”

Natacha Peuguero & Angelo Peuguero v. Bank of Am., N.A., 169 So. 3d 1198 (Fla. 4th DCA 2015). · cites it 2× “” § 90.406, Fla. Stat. (2013); People’s Trust Ins.”

Burchett v. Commonwealth, 98 S.W.3d 492 (Ky. 2003). · cites it 2× “Fla. Stat. § 90.406 . A leading authority on Florida evidence law has opined that prior cases allowing admission of evidence of the habit of an individual, if corroborated by other evidence of the occurrence of the conforming conduct, were not "displaced" by the adoption of the…”

Eig v. Ins. Co. of North Am., 447 So. 2d 377 (Fla. 3d DCA 1984). · cites it 4× “Appellee introduced the deposition of an employee who testified, pursuant to section 90.406, Florida Statutes (1981), that appellee's routine practice was to require that both a corporate and a personal indemnification agreement be signed when a surety bond was issued to a…”

Allen v. Wilmington Trust, N.A., 216 So. 3d 685 (Fla. 2d DCA 2017). · cites it 2× “Coffron testified that she knew the letter was mailed because it had been created, the account did not contain anything indicating that it was returned as undeliverable, and “servicers aren’t in the habit of generating letters that they don’t send.”

Lumbermens Mut. Cas. Co. v. Alvarez, 443 So. 2d 279 (Fla. 3d DCA 1983). · cites it 3× “1973) (a general presumption exists that the ordinary course of business or conduct in respect to mailing was followed in a particular case absent a contrary showing), was effectively done away with in 1979 with the enactment of Section 90.406, Florida Statutes (1979). [1] That…”

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