Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 90.408 | Lawyer Caselaw & Research
F.S. 90.408 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 90.408

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.408
90.408 Compromise and offers to compromise.Evidence of an offer to compromise a claim which was disputed as to validity or amount, as well as any relevant conduct or statements made in negotiations concerning a compromise, is inadmissible to prove liability or absence of liability for the claim or its value.
History.s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.

F.S. 90.408 on Google Scholar

F.S. 90.408 on Casetext

Amendments to 90.408


Arrestable Offenses / Crimes under Fla. Stat. 90.408
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.408.



Annotations, Discussions, Cases:

Cases from cite.case.law:

LEXINGTON CLUB COMMUNITY ASSOCIATION, INC. v. LOVE MADISON, INC. d b a, 253 So. 3d 632 (Fla. App. Ct. 2018)

. . . agreement between the principal and the Florida Department of Financial Services, pursuant to section 90.408 . . . State's Consent Order and Settlement Stipulation, the trial court excluded the evidence based on section 90.408 . . . Section 90.408 provides: "Evidence of an offer to compromise a claim which was disputed as to validity . . . excluding the consent order and other admissions as none of them fall within the purview of section 90.408 . . .

SEBO, v. AMERICAN HOME ASSURANCE COMPANY, INC., 208 So. 3d 694 (Fla. 2016)

. . . Statutes, which bars disclosure to the jury of settlement or dismissal of a joint tortfeasor, and section 90.408 . . .

D. RODRIGUEZ, v. OCEAN BANK,, 208 So. 3d 221 (Fla. Dist. Ct. App. 2016)

. . . . § 90.408, Fla. Stat. (2012). . . . .

SANCHEZ, v. TOWER HILL SIGNATURE INSURANCE,, 181 So. 3d 1211 (Fla. Dist. Ct. App. 2015)

. . . Section 90.408, Florida Statutes (2011), provides that “[e]vidence of an offer to compromise a claim . . .

SUGAR, M. D. v. In ESTATE OF STERN,, 201 So. 3d 103 (Fla. Dist. Ct. App. 2015)

. . . . § 90.408, Fla. Stat. (2014); see also Bern v. . . . voluntarily dismissed that appeal as part of the July 2011 "global” settlement described below.' . § 90.408 . . .

L. CARR, v. STATE, 156 So. 3d 1052 (Fla. 2015)

. . . because its probative value is substantially outweighed by the danger of unfair prejudice under section 90.408 . . .

POOLE, v. STATE, 151 So. 3d 402 (Fla. 2014)

. . . Section 90.408, Florida Statutes (2007), provides that “[Relevant evidence is inadmissible if its probative . . .

PANAMA CITY- BAY COUNTY AIRPORT AND INDUSTRIAL DISTRICT, v. KELLOGG BROWN ROOT SERVICES, INC., 140 So. 3d 1112 (Fla. Dist. Ct. App. 2014)

. . . But the Supreme Court disagreed, stating: [T]he plain language of sections 768.041(3) and 90.408 expressly . . .

BELLAMY, v. AMERI- PRIDE, INC., 157 So. 3d 1053 (Fla. Dist. Ct. App. 2014)

. . . Bellamy’s affidavit relates an offer to compromise a claim and thus would be inadmissible under section 90.408 . . .

MATHIS, v. STATE, 135 So. 3d 484 (Fla. Dist. Ct. App. 2014)

. . . . § 90.408 (“Relevant evidence is inadmissible if its probative value is substantially outweighed by . . .

BERN, v. CAMEJO, 168 So. 3d 232 (Fla. Dist. Ct. App. 2014)

. . . the Florida Supreme Court considered whether, despite the plain language of sections 768.041(3) and 90.408 . . . Section 90.408, Florida Statutes (2012) provides: "Evidence of an offer to compromise a claim which was . . . See Grunow, 71 So.3d at 189 (noting that sections 768.041 and 90.408 do not "prohibit questions of the . . .

PEOPLE S TRUST INSURANCE COMPANY, v. N. RODDY,, 134 So. 3d 1071 (Fla. Dist. Ct. App. 2013)

. . . This evidence went to the heart of the case and was not “unduly prejudicial” under section 90.408. . . .

WARE, v. STATE, 124 So. 3d 388 (Fla. Dist. Ct. App. 2013)

. . . . § 90.408, Fla. Stat. (2012). . . .

VICTORINO, v. STATE v. D., 127 So. 3d 478 (Fla. 2013)

. . . .” § 90.408, Fla. Stat. (2006). . . .

D. HALL, v. STATE, 107 So. 3d 262 (Fla. 2012)

. . . See § 90.408, Fla. Stat. (2010). . . .

RUBRECHT v. CONE DISTRIBUTING, INC., 95 So. 3d 950 (Fla. Dist. Ct. App. 2012)

. . . Section 90.408, Florida Statutes (2010), provides: Evidence of an offer to compromise a claim which was . . . Appellees counter that their interrogation was not within the limitations of section 90.408 because the . . . Under section 90.408, in addition to evidence of an offer to settle, evidence of statements made during . . . Under the Evidence Code, a request for judicial notice is also subject to analysis under section 90.408 . . . Section 90.408, Florida Statutes, was enacted in 1976. Ch. 76-237, § 1, at 562, Laws of Fla. . . . .

BEDOYA, v. AVENTURA LIMOUSINE TRANSPORTATION SERVICE, INC., 861 F. Supp. 2d 1346 (S.D. Fla. 2012)

. . . . § 90.408; see, e.g., Central Soya Co. v. . . .

A. HOLMES, v. STATE, 91 So. 3d 859 (Fla. Dist. Ct. App. 2012)

. . . However, section 90.408, Florida Statutes (2010) requires exclusion of relevant evidence “if its probative . . .

HARRIS v. E. D. GRUNOW, Jr. O. R., 71 So. 3d 186 (Fla. Dist. Ct. App. 2011)

. . . These objectives are embodied in sections 768.041 and 90.408, Florida Statutes (2010). . . . or covenant not to sue, or that any defendant has been dismissed by order of the court,” and section 90.408 . . .

AGROFOLLAJES, S. A. v. E. I. DU PONT DE NEMOURS COMPANY, INC., 48 So. 3d 976 (Fla. Dist. Ct. App. 2010)

. . . See § 90.408, Fla. Stat.; Ricks v. Loyola, 822 So.2d 502, 508 (Fla.2002). . . .

CITIZENS PROPERTY INSURANCE CORPORATION, v. J. ASHE,, 50 So. 3d 645 (Fla. Dist. Ct. App. 2010)

. . . ’s argument that evidence of his request for flood insurance benefits is inadmissible under section 90.408 . . .

ROTTA, v. ROTTA,, 34 So. 3d 107 (Fla. Dist. Ct. App. 2010)

. . . See § 90.408, Fla. . . .

HONEYWELL INTERNATIONAL, INC. v. GUILDER,, 23 So. 3d 867 (Fla. Dist. Ct. App. 2009)

. . . See § 90.408, Fla. Stat. (2007). . . . See § 90.408. . . .

C. CARTER, v. STATE, 23 So. 3d 1238 (Fla. Dist. Ct. App. 2009)

. . . Section 90.408, Florida Statutes (2007), establishes a limitation on the introduction of relevant evidence . . .

ALSFIELD, v. STATE, 22 So. 3d 619 (Fla. Dist. Ct. App. 2009)

. . . See §§ 90.402, 90.408, 90.404(2), Fla. Stat. (2007). . . .

BLAND, v. GREEN ACRES GROUP, L. L. C. a, 12 So. 3d 822 (Fla. Dist. Ct. App. 2009)

. . . See § 90.408 Fla. . . .

SALEEBY, v. ROCKY ELSON CONSTRUCTION, INC., 3 So. 3d 1078 (Fla. 2009)

. . . Unlike the majority, I do not believe that sections 90.408 and 768.041, Florida Statutes (2006), prohibit . . . More specifically, section 90.408, Florida Statutes (2006), provides: Evidence of an offer to compromise . . . Thus, the plain language of section 90.408 prohibits the admission of evidence of compromises and offers . . . Thoroughbred Motors, Inc., 765 So.2d 920, 925 (Fla. 2d DCA 2000) (“Section 90.408 excludes evidence of . . . In contrast to section 90.408, section 768.041 includes a more general prohibition against admitting . . . Both sections 768.041 and 90.408, Florida Statutes (2006), prohibit the admission at trial of any evidence . . . Section 90.408 was enacted to protect against the prejudicial effect that settlement evidence may have . . . Jordan and other cases fully illustrate the prejudice that results when sections 768.041 and 90.408 are . . . From the foregoing discussion, it is clear that violation of sections 768.041 and 90.408 is reversible . . . Second, Elson claims that sections 768.041 and 90.408 do not apply when the former defendant testifies . . . Section 90.408, Florida Statutes (2006), which deals with settlement offers and negotiations — as distinct . . .

SHREITEH, v. STATE, 987 So. 2d 761 (Fla. Dist. Ct. App. 2008)

. . . See also § 90.408, Fla. Stat. (2007). . . .

UNITED STATES DEVELOPMENT, LTD. v. JONES COLLEGE,, 973 So. 2d 594 (Fla. Dist. Ct. App. 2008)

. . . See § 90.408, Fla. Stat. (2007); Sharp v. Williams, 141 Fla. 1, 192 So. 476 (1940); Alvarez v. . . .

SALEEBY, v. ROCKY ELSON CONSTRUCTION, INC., 965 So. 2d 211 (Fla. Dist. Ct. App. 2007)

. . . Section 90.408 excludes evidence of a settlement to prove liability; courts may, however, admit settlement-related . . . Section 90.408 was enacted to protect against the prejudicial effect that settlement evidence may have . . .

BANKERS TRUST COMPANY, v. BASCIANO,, 960 So. 2d 773 (Fla. Dist. Ct. App. 2007)

. . . introduction of the March letters, concluding that they were settlement proposals, excludable under section 90.408 . . . If there is no dispute as to validity, or amount, the section 90.408 prohibition does not apply because . . . Further, section 90.408 only excludes evidence offered to prove “liability or absence of liability for . . . the claim or its value.” § 90.408, Fla. . . . If-the evidence is offered for another purpose, the evidence is not barred by section 90.408 and will . . .

SULLIVAN, v. J. GALSKE J., 917 So. 2d 412 (Fla. Dist. Ct. App. 2006)

. . . See § 90.408, Fla. Stat. (2004). . . .

FLOYD, v. STATE, 913 So. 2d 564 (Fla. 2005)

. . . The court found that all of the pictures were relevant, but reviewed each picture under section 90.408 . . .

AGAN, v. KATZMAN KORR, P. A. C. L., 328 F. Supp. 2d 1363 (S.D. Fla. 2004)

. . . . § 90.408, because they were obtained during settlement negotiations. . . . Stat. § 90.408; see, e.g., Central Soya Co. v. . . . Stat. § 90.408. . . . Stat. § 90.408. Id. at 963. . . . Stat. § 90.408. . . .

SCI FUNERAL SERVICES OF FLORIDA, INC. v. HENRY,, 839 So. 2d 702 (Fla. Dist. Ct. App. 2002)

. . . See § 90.408, Fla. Stat. . . .

G. LEVIN, v. ETHAN ALLEN, INC., 823 So. 2d 132 (Fla. Dist. Ct. App. 2002)

. . . excluding evidence of settlement offers on the ground that settlement offers are inadmissible under section 90.408 . . .

WHITE, v. STATE, 817 So. 2d 799 (Fla. 2002)

. . . See § 90.408, Fla. Stat. (1995); Gore v. State, 719 So.2d 1197 (Fla.1998). Id. at 16. . . .

J. RAMIREZ, v. STATE, 810 So. 2d 836 (Fla. 2001)

. . . . § 90.408, Fla. Stat. (2000). . . .

WAL- MART STORES, INC. v. E. BALLASSO W., 789 So. 2d 519 (Fla. Dist. Ct. App. 2001)

. . . See § 90.408, Fla. . . .

LONG TERM CARE FOUNDATION, INC. v. W. MARTIN,, 778 So. 2d 1100 (Fla. Dist. Ct. App. 2001)

. . . Furthermore, under section 90.408, Florida Statutes, any relevance the complaint might have had was outweighed . . .

STEPHENS, v. STATE, 787 So. 2d 747 (Fla. 2001)

. . . Under section 90.408, Florida Statutes (1997), relevant testimony may be excluded if the probative value . . .

A. WOLOWITZ, v. THOROUGHBRED MOTORS, INC., 765 So. 2d 920 (Fla. Dist. Ct. App. 2000)

. . . that even if the “contract confirmation” is relevant it should nevertheless be excluded under section 90.408 . . . Section 90.408 excludes evidence of settlement negotiations only when the evidence is offered to prove . . . addresses issues other than liability and value, it would not necessarily be excluded under section 90.408 . . .

D. OWENS, R. v. ORANGE COUNTY,, 747 So. 2d 467 (Fla. Dist. Ct. App. 1999)

. . . offer to compromise or settle their claims, which made the statement privileged pursuant to section 90.408 . . .

D. EASTMAN, v. FLOR- OHIO, LTD., 744 So. 2d 499 (Fla. Dist. Ct. App. 1999)

. . . See § 90.408, Fla. Stat. (1997). . . .

STATE v. WALTERS,, 719 So. 2d 1027 (Fla. Dist. Ct. App. 1998)

. . . argued that her statements did not qualify as admissions because they were excludable under section 90.408 . . . Section 90.408 of the Florida Evidence Code specifically renders offers to compromise or settle disputed . . . the victim, we agree with those Florida decisions which have confined the applicability of section 90.408 . . . Ehrhardt, Florida Evidence § 408.1 n. 2 (1997) (“Section 90.408 may not apply in criminal eases.”). . . .

BOOK, v. CITY OF WINTER PARK,, 718 So. 2d 945 (Fla. Dist. Ct. App. 1998)

. . . Statutes, the lawfulness of Book’s arrest, or the nature and extent of Book’s damages, see section 90.408 . . .

STATE v. HOGGINS,, 718 So. 2d 761 (Fla. 1998)

. . . See §§ 90.408, 608, Fla. Stat. (1997). . . .

WILLIAMS, v. STATE, 710 So. 2d 24 (Fla. Dist. Ct. App. 1998)

. . . . § 90.408, Fla. Stat. (1997). . . .

L. CHIANG, M. D. v. WILDCAT GROVES, INC. PCA f k a, 703 So. 2d 1083 (Fla. Dist. Ct. App. 1997)

. . . the trial court in accord with the relevant provisions of Florida's Evidence Code, including section 90.408 . . .

SEMINOLE COUNTY, v. CORAL GABLES FEDERAL SAVINGS AND LOAN ASSOCIATION,, 691 So. 2d 614 (Fla. Dist. Ct. App. 1997)

. . . The county argues that section 90.408, Florida Statutes (1995), prohibits the introduction of any evidence . . . It prevails over section 90.408 because the specific prevails over the general and because a later enactment . . .

RITTER, v. T. RITTER,, 690 So. 2d 1372 (Fla. Dist. Ct. App. 1997)

. . . evidence of the offer to the insurance company was inadmissible as an offer to compromise under section 90.408 . . . The trial court granted the motion for protective order, presumably on the authority of section 90.408 . . . Under section 90.408, “[e]vidence of an offer to compromise a claim which was disputed as to validity . . . As such, section 90.408 did not bar admission of evidence concerning the offer in this case. . . .

HITCHCOCK, v. STATE, 673 So. 2d 859 (Fla. 1996)

. . . See § 90.408, Fla. Stat. (1993). . . .

R. SANDLIN L. L. a v. SHAPIRO FISHMAN, ITT, 919 F. Supp. 1564 (M.D. Fla. 1996)

. . . . § 90.408. . . . Settlement agreements as protected by Fla.Stat. § 90.408 are “offers to compromise a claim.” . . .

STATE v. AYLESWORTH, 666 So. 2d 181 (Fla. Dist. Ct. App. 1995)

. . . barred the admission of compromise and offers to compromise relying for that determination upon section 90.408 . . . Although we find it unnecessary to pass upon the court’s expressed belief that section 90.408 bars the . . .

REASE, v. ANHEUSER- BUSCH, INC. a, 644 So. 2d 1383 (Fla. Dist. Ct. App. 1994)

. . . involving Rease’s workers’ compensation claim for benefits and thus was inadmissible under section 90.408 . . . Section 90.408 provides that “[e]vi-dence of an offer to compromise a claim which was disputed as to . . . Thus, the circumstances are different from those cases that have construed section 90.408 to prohibit . . . Consequently, section 90.408 does not apply to this situation. . . . Section 90.408 has also been held not to apply when the offer of settlement was written prior to the . . .

JOHNSON, v. STATE, 625 So. 2d 1297 (Fla. Dist. Ct. App. 1993)

. . . note also states that “[t]he considerations underlying this rule are similar to those underlying § 90.408 . . . The revision note under § 90.408 explains that the exclusion of offers to compromise a claim is based . . .

CHARLES B. PITTS REAL ESTATE, INC. v. J. HATER, H. J. A. J. Jr. G., 602 So. 2d 961 (Fla. Dist. Ct. App. 1992)

. . . . § 90.408, Fla.Stat. (1989); see Bill Currie Ford, Inc. v. . . .

STATE v. COCA- COLA BOTTLING COMPANY OF MIAMI, INC. a, 582 So. 2d 1 (Fla. Dist. Ct. App. 1990)

. . . reasonably calculated to lead to the discovery under the Public Records Act; (2) the Evidence Code § 90.408 . . .

SOUTHEAST CAPITAL INVESTMENT CORPORATION, a a v. ALBEMARLE HOTEL, INC. a, 550 So. 2d 49 (Fla. Dist. Ct. App. 1989)

. . . testimony of their subsequent conversations with appellee’s representatives on the basis that section 90.408 . . . substantially new terms does not constitute an offer to compromise a claim as is contemplated by section 90.408 . . .

EQUITABLE LIFE ASSURANCE SOCIETY OF THE U. S. v. DIGITAL PRODUCTS CORP., 528 So. 2d 1375 (Fla. Dist. Ct. App. 1988)

. . . to return the loaner unit to appellee as an inadmissible offer to compromise or settle under section 90.408 . . .

SCHOOL BOARD OF DADE COUNTY v MARSHALL, 32 Fla. Supp. 2d 217 (Fla. Div. Admin. Hearings 1988)

. . . See Section 90.408, Florida Statutes. . . .

MARTIN COUNTY, v. MOBIL CORPORATION, 513 So. 2d 243 (Fla. Dist. Ct. App. 1987)

. . . See e.g., § 90.408, Fla.Stat. (1981); McCormick, Handbook of the Law of Evidence § 274 (2d ed. 1972). . . .

SEA CABIN, INC. v. SCOTT, BURK, ROYCE HARRIS, P. A., 496 So. 2d 163 (Fla. Dist. Ct. App. 1986)

. . . In addition to the fact that the letter was not authored by appellants, Section 90.408, Florida Statutes . . .

J. R. RAY, Jr. v. STUCKEY, 491 So. 2d 1211 (Fla. Dist. Ct. App. 1986)

. . . a cause of action in that it relied on Nipper’s letter to Ray, allegedly inadmissible under Section 90.408 . . . Ray and the Stuckeys rely heavily on the applicability or not of Section 90.408. . . .

WILLIAMS v. STATE OF FLORIDA, 18 Fla. Supp. 2d 42 (Fla. Cir. Ct. 1986)

. . . Whether falling within the precise purview of Secs. 90.408, 409 and 410, F.S., this disputed evidence . . .

STAMM, v. STAMM,, 489 So. 2d 851 (Fla. Dist. Ct. App. 1986)

. . . Gulf Maintenance & Supply, Inc., 424 So.2d 135, 136 (Fla. 1st DCA 1982), § 90.408, Fla.Stat. (1985). . . .

H. R. J. BAR- B- Q, INC. d b a B- Q, H. J. U. Hy v. SHAPIRO,, 463 So. 2d 403 (Fla. Dist. Ct. App. 1985)

. . . he was “fired” by one of the defendants was not inadmissible as an offer of compromise under section 90.408 . . .

STATE v. CASTELLANO,, 460 So. 2d 480 (Fla. Dist. Ct. App. 1984)

. . . The admissibility of offers to compromise is addressed in section 90.408, Florida Statutes (1983): 90.408 . . .

BENOIT, INC. a v. DISTRICT BOARD OF TRUSTEES OF ST. JOHNS RIVER COMMUNITY COLLEGE OF FLORIDA a, 463 So. 2d 1260 (Fla. Dist. Ct. App. 1984)

. . . Section 90.408, Florida Statutes (1983), provides: Evidence of an offer to compromise a claim which was . . . DCA 1982), that any part of a letter offering a settlement between the parties is barred by section 90.408 . . . See the law revision council note following section 90.408: Florida purports to follow the common-law . . .

MORTGAGE GUARANTEE INSURANCE CORPORATION, a v. B. STEWART d b a, 427 So. 2d 776 (Fla. Dist. Ct. App. 1983)

. . . See e.g., § 90.408, Fla.Stat. (1981); McCormick, Handbook of the Law of Evidence § 274 (2d ed. 1972). . . .

E. ATWATER v. GULF MAINTENANCE AND SUPPLY, INC., 424 So. 2d 135 (Fla. Dist. Ct. App. 1982)

. . . Section 90.408, Florida Statutes; Mutual Benefit Health & Accident Association v. . . .