Florida Statute 90.408 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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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.

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Amendments to 90.408

Annotations, Discussions, Cases:

Cases Citing Statute 90.408

Total Results: 63

Ritter v. Ritter

690 So. 2d 1372, 1997 WL 154284

District Court of Appeal of Florida | Filed: Apr 4, 1997 | Docket: 436648

Cited 31 times | Published

inadmissible as an offer to compromise under section 90.408, Florida Statutes (1993). The trial court granted

Sandlin v. Shapiro & Fishman

919 F. Supp. 1564, 1996 U.S. Dist. LEXIS 3430, 1996 WL 132413

District Court, M.D. Florida | Filed: Feb 23, 1996 | Docket: 1647186

Cited 19 times | Published

communications, which are inadmissible under Fla.Stat. § 90.408. If this Court were to accept this argument it

Saleeby v. Rocky Elson Construction, Inc.

3 So. 3d 1078, 34 Fla. L. Weekly Supp. 106, 2009 Fla. LEXIS 147, 2009 WL 217974

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1653006

Cited 13 times | Published

(2008) (footnotes omitted). More specifically, section 90.408, Florida Statutes (2006), provides: Evidence

Wolowitz v. Thoroughbred Motors, Inc.

765 So. 2d 920, 2000 WL 1206393

District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 1522966

Cited 12 times | Published

relevant it should nevertheless be excluded under section 90.408, Florida Statutes (1995), which he contends

Ray v. Stuckey

491 So. 2d 1211, 11 Fla. L. Weekly 1569

District Court of Appeal of Florida | Filed: Jul 18, 1986 | Docket: 1721997

Cited 11 times | Published

letter to Ray, allegedly inadmissible under Section 90.408 as an offer to settle a dispute. Ray responded

Mortgage Guarantee Ins. Corp. v. Stewart

427 So. 2d 776

District Court of Appeal of Florida | Filed: Feb 15, 1983 | Docket: 1475141

Cited 11 times | Published

binding on the parties making them. See e.g., § 90.408, Fla. Stat. (1981); McCormick, Handbook of the

Agrofollajes, S.A. v. E.I. Du Pont De Nemours & Co.

48 So. 3d 976, 2010 Fla. App. LEXIS 18327, 2010 WL 4870149

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 1927248

Cited 10 times | Published

product deprives the defendant of a fair trial. See § 90.408, Fla. Stat.; Ricks v. Loyola, 822 So.2d 502, 508

Agan v. Katzman & Korr, P.A.

328 F. Supp. 2d 1363, 2004 U.S. Dist. LEXIS 13960, 2004 WL 1724981

District Court, S.D. Florida | Filed: Jul 16, 2004 | Docket: 2311274

Cited 10 times | Published

inadmissible, pursuant to Fed.R.Evid. 408 and Fla. Stat. § 90.408, because they were obtained during settlement

Bankers Trust Co. v. Basciano

960 So. 2d 773, 2007 WL 1514226

District Court of Appeal of Florida | Filed: May 25, 2007 | Docket: 1404854

Cited 9 times | Published

were settlement proposals, excludable under section 90.408, Florida Statutes (1999). That statute provides:

Victorino v. State

127 So. 3d 478, 2013 WL 5567079

Supreme Court of Florida | Filed: Oct 10, 2013 | Docket: 60236730

Cited 8 times | Published

needless presentation of cumulative evidence.” § 90.408, Fla. Stat. (2006). The fact that “a photograph

Bland v. Green Acres Group, L.L.C.

12 So. 3d 822, 2009 Fla. App. LEXIS 6048, 2009 WL 1456948

District Court of Appeal of Florida | Filed: May 27, 2009 | Docket: 1647176

Cited 6 times | Published

oust courts of their lawful jurisdiction. . See § 90.408 Fla. Stat. (2008) ("Evidence of an offer to compromise

Book v. City of Winter Park

718 So. 2d 945, 1998 Fla. App. LEXIS 13167, 1998 WL 727374

District Court of Appeal of Florida | Filed: Oct 16, 1998 | Docket: 466263

Cited 6 times | Published

the nature and extent of Book's damages, see section 90.408, Florida Statutes (1997) (compromise and offers

Hall v. State

107 So. 3d 262, 37 Fla. L. Weekly Supp. 537, 2012 Fla. LEXIS 1666, 2012 WL 3732823

Supreme Court of Florida | Filed: Aug 30, 2012 | Docket: 60228646

Cited 5 times | Published

outweighed by the danger of unfair prejudice. See § 90.408, Fla. Stat. (2010). The admissibility of. evidence

State v. Castellano

460 So. 2d 480

District Court of Appeal of Florida | Filed: Dec 7, 1984 | Docket: 1766017

Cited 5 times | Published

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

Mathis v. State

135 So. 3d 484, 2014 WL 1133321, 2014 Fla. App. LEXIS 4219

District Court of Appeal of Florida | Filed: Mar 21, 2014 | Docket: 60239654

Cited 4 times | Published

the danger of the evidence’s unfair prejudice. § 90.408 (“Relevant evidence is inadmissible if its probative

Rotta v. Rotta

34 So. 3d 107, 2010 Fla. App. LEXIS 4938, 2010 WL 1460216

District Court of Appeal of Florida | Filed: Apr 14, 2010 | Docket: 1131180

Cited 4 times | Published

from serving as evidence of the indebtedness. See § 90.408, Fla. Stat. (1976) (“Evidence of an offer to compromise

Rease v. Anheuser-Busch, Inc.

644 So. 2d 1383, 1994 WL 561871

District Court of Appeal of Florida | Filed: Oct 17, 1994 | Docket: 1672244

Cited 4 times | Published

for benefits and thus was inadmissible under section 90.408, Florida Statutes (1991). The trial court agreed

Blattman v. Williams Island Associates, Ltd.

592 So. 2d 269, 1991 WL 259229

District Court of Appeal of Florida | Filed: Dec 10, 1991 | Docket: 1728204

Cited 4 times | Published

Trustees, 463 So.2d 1260 (Fla. 5th DCA 1984); § 90.408, Fla. Stat. (1989). We dismiss the appeal from

Southeast Capital Inv. Corp. v. Albemarle Hotel, Inc.

550 So. 2d 49, 1989 WL 98057

District Court of Appeal of Florida | Filed: Aug 23, 1989 | Docket: 1370099

Cited 4 times | Published

appellee's representatives on the basis that section 90.408, Florida Statutes (1987), prohibits admission

Citizens Property Insurance Corp. v. Ashe

50 So. 3d 645, 2010 Fla. App. LEXIS 17891, 2010 WL 4628915

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 60297329

Cited 3 times | Published

flood insurance benefits is inadmissible under section 90.408, Florida Statutes, also fails, as that statute

John Robert Sebo v. American Home Assurance Company, Inc.

208 So. 3d 694, 41 Fla. L. Weekly Supp. 582, 2016 Fla. LEXIS 2596

Supreme Court of Florida | Filed: Dec 1, 2016 | Docket: 4546942

Cited 2 times | Published

settlement or dismissal of a joint tortfeasor, and section 90.408, which bars the disclosure of evidence of an

Sam Sugar v. in Re:stern

201 So. 3d 103, 2015 Fla. App. LEXIS 14018

District Court of Appeal of Florida | Filed: Sep 24, 2015 | Docket: 2851134

Cited 2 times | Published

inadmissible in subsequent proceedings in the same case. § 90.408, Fla. Stat. (2014); see also Bern v. Camejo

Emilia L. Carr v. State of Florida

156 So. 3d 1052, 40 Fla. L. Weekly Supp. 65, 2015 Fla. LEXIS 202, 2015 WL 463524

Supreme Court of Florida | Filed: Feb 5, 2015 | Docket: 2631959

Cited 2 times | Published

outweighed by the danger of unfair prejudice under section 90.408, Florida Statutes, since it is an official

Mark Anthony Poole v. State of Florida

151 So. 3d 402, 39 Fla. L. Weekly Supp. 459, 2014 WL 2882864, 2014 Fla. LEXIS 2061

Supreme Court of Florida | Filed: Jun 26, 2014 | Docket: 58896

Cited 2 times | Published

precluded by some specific rule of exclusion.” Section 90.408, Florida Statutes (2007), provides that “[Relevant

Harris v. Grunow

71 So. 3d 186, 2011 Fla. App. LEXIS 15285, 2011 WL 4467379

District Court of Appeal of Florida | Filed: Sep 28, 2011 | Docket: 2356331

Cited 2 times | Published

been dismissed by order of the court," and section 90.408 provides that "[e]vidence of an offer to compromise

Sullivan v. Galske

917 So. 2d 412, 2006 WL 47512

District Court of Appeal of Florida | Filed: Jan 11, 2006 | Docket: 448063

Cited 2 times | Published

negotiations is not admissible during trial. See § 90.408, Fla. Stat. (2004). Because parties often make

State v. Aylesworth

666 So. 2d 181, 1995 WL 739058

District Court of Appeal of Florida | Filed: Dec 15, 1995 | Docket: 1510956

Cited 2 times | Published

compromise relying for that determination upon section 90.408, Florida Statutes (1993). Under section 90

State v. COCA-COLA BOTTLING CO.

582 So. 2d 1, 1990 WL 205512

District Court of Appeal of Florida | Filed: Dec 19, 1990 | Docket: 1363286

Cited 2 times | Published

the Public Records Act; (2) the Evidence Code § 90.408 precludes such discovery; (3) the discovery sought

SEA CABIN v. Scott, Burk, Royce & Harris

496 So. 2d 163, 11 Fla. L. Weekly 1984

District Court of Appeal of Florida | Filed: Sep 17, 1986 | Docket: 1522821

Cited 2 times | Published

the letter was not authored by appellants, Section 90.408, Florida Statutes (1983) bars the receipt into

Bern v. Camejo

168 So. 3d 232, 2014 WL 54830, 2014 Fla. App. LEXIS 179

District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60248621

Cited 1 times | Published

Acevedo collided with [the plaintiff.] . Section 90.408, Florida Statutes (2012) provides: "Evidence

Ware v. State

124 So. 3d 388, 2013 WL 5744445, 2013 Fla. App. LEXIS 16900

District Court of Appeal of Florida | Filed: Oct 23, 2013 | Docket: 60235471

Cited 1 times | Published

danger of unfair prejudice or confusion of issues. § 90.408, Fla. Stat. (2012). On this record, allowing cross-examination

Rubrecht v. Cone Distributing, Inc.

95 So. 3d 950, 2012 WL 3235164, 2012 Fla. App. LEXIS 13354

District Court of Appeal of Florida | Filed: Aug 10, 2012 | Docket: 60311350

Cited 1 times | Published

the first accident, violated section 90.408, Florida Statutes. Section 90.408, Florida Statutes (2010),1

Holmes v. State

91 So. 3d 859, 2012 WL 447284, 2012 Fla. App. LEXIS 2126

District Court of Appeal of Florida | Filed: Feb 14, 2012 | Docket: 60309991

Cited 1 times | Published

State, 660 So.2d 244, 251 (Fla.1995). However, section 90.408, Florida Statutes (2010) requires exclusion

Honeywell International, Inc. v. Guilder

23 So. 3d 867, 2009 Fla. App. LEXIS 20052, 2009 WL 4928038

District Court of Appeal of Florida | Filed: Dec 23, 2009 | Docket: 60282096

Cited 1 times | Published

needless presentation of cumulative evidence.” See § 90.408, Fla. Stat. (2007). Here, the Bendix employee’s

Saleeby v. ROCKY ELSON CONST., INC.

965 So. 2d 211, 2007 Fla. App. LEXIS 13874, 2007 WL 2480545

District Court of Appeal of Florida | Filed: Sep 5, 2007 | Docket: 1508987

Cited 1 times | Published

defendant with a pecuniary interest in the case. Section 90.408 excludes evidence of a settlement to prove

Levin v. Ethan Allen, Inc.

823 So. 2d 132, 2002 WL 561378

District Court of Appeal of Florida | Filed: Apr 17, 2002 | Docket: 1512732

Cited 1 times | Published

that settlement offers are inadmissible under section 90.408, Florida Statutes. Although settlement offers

Wal-Mart Stores, Inc. v. Ballasso

789 So. 2d 519, 2001 WL 799221

District Court of Appeal of Florida | Filed: Jul 17, 2001 | Docket: 2583838

Cited 1 times | Published

the respondents would offer such evidence. See § 90.408, Fla. Stat. (1999) (excluding statements made

Charles B. Pitts Real Estate v. Hater

602 So. 2d 961, 1992 WL 81056

District Court of Appeal of Florida | Filed: Apr 24, 1992 | Docket: 1694014

Cited 1 times | Published

not admissible to prove liability for the claim. § 90.408, Fla. Stat. (1989); see Bill Currie Ford, Inc

Fernando Nunes v. Nathalie Krup

District Court of Appeal of Florida | Filed: Feb 19, 2025 | Docket: 69651321

Published

inadmissible evidence of a settlement negotiation. See § 90.408, Fla. Stat. (2024) (“Evidence of an offer to compromise

CRST Expedited, Inc. v. Alfred F. Wallace

District Court of Appeal of Florida | Filed: Feb 12, 2025 | Docket: 69632706

Published

vehicle. We agree. This violates section 90.408, Florida Statutes. See § 90.408, Fla. Stat. (2023) (“Evidence

CENTRAL CONCRETE SUPERMIX, INC. v. JOSE A. "PEPE" CANCIO, SR.

District Court of Appeal of Florida | Filed: May 5, 2021 | Docket: 59882193

Published

evidence by Cancio in support of his claims. See § 90.408, Fla. Stat. (2014) (entitled “Compromise and

PATRICIA GUY MOULTROP v. GEICO GENERAL INSURANCE COMPANY

District Court of Appeal of Florida | Filed: Sep 9, 2020 | Docket: 18420368

Published

settlement offer was inadmissible, pursuant to section 90.408, Florida Statutes (2019). That section provides:

STEVEN PAUL ANDERSON v. MARY MITCHELL

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 14883383

Published

("[T]he rule protecting offers of compromise [section 90.408] appears to be one more of admissibility than

LEXINGTON CLUB COMMUNITY ASSOCIATION, INC. v. LOVE MADISON, INC. D/B/A ALEXANDER INSURANCE

253 So. 3d 632

District Court of Appeal of Florida | Filed: Aug 15, 2018 | Docket: 7664431

Published

Department of Financial Services, pursuant to section 90.408, Florida Statutes (2017). We review a trial

Rodriguez and Caballero v. Ocean Bank

208 So. 3d 221, 2016 Fla. App. LEXIS 17476

District Court of Appeal of Florida | Filed: Nov 23, 2016 | Docket: 4544287

Published

under their counterclaims; 6 . § 90.408, Fla. Stat. (2012). 7 . The trial

Sanchez v. Tower Hill Signature Insurance

181 So. 3d 1211, 2015 Fla. App. LEXIS 18482, 2015 WL 8483944

District Court of Appeal of Florida | Filed: Dec 11, 2015 | Docket: 60252529

Published

post-suit payments tendered by Tower Hill. Section 90.408, Florida Statutes (2011), provides that “[e]vidence

Bellamy v. Ameri-Pride, Inc.

157 So. 3d 1053, 2014 WL 2537110, 2014 Fla. App. LEXIS 8631

District Court of Appeal of Florida | Filed: Jun 6, 2014 | Docket: 60245891

Published

claim and thus would be inadmissible under section 90.408, Florida Statutes (2012). That may or may not

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

case and was not “unduly prejudicial” under section 90.408. On a separate issue, the trial court erred

Bedoya v. Aventura Limousine & Transportation Service, Inc.

861 F. Supp. 2d 1346, 2012 U.S. Dist. LEXIS 68322, 2012 WL 1828066

District Court, S.D. Florida | Filed: May 16, 2012 | Docket: 65981330

Published

promote this policy. See Fed.R.Evid. 408; Fla. Stat. § 90.408; see, e.g., Central Soya Co. v. Epstein Fisheries

United States Development, Ltd. v. Jones College

973 So. 2d 594, 2008 Fla. App. LEXIS 455, 2008 WL 140844

District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 64853691

Published

fees and costs in favor of Jones College. See § 90.408, Fla. Stat. (2007); Sharp v. Williams, 141 Fla

Owens v. Orange County

747 So. 2d 467, 1999 Fla. App. LEXIS 17619, 1999 WL 1267322

District Court of Appeal of Florida | Filed: Dec 30, 1999 | Docket: 64793315

Published

which made the statement privileged pursuant to section 90.408, Florida Statutes (1995). At the hearing on

State v. Walters

719 So. 2d 1027, 1998 Fla. App. LEXIS 13918, 1998 WL 771395

District Court of Appeal of Florida | Filed: Nov 4, 1998 | Docket: 64783861

Published

admissions because they were excludable under section 90.408, Florida Statutes (1997), as they constituted

Chiang v. Wildcat Groves, Inc.

703 So. 2d 1083, 1997 Fla. App. LEXIS 11529, 1997 WL 634125

District Court of Appeal of Florida | Filed: Oct 15, 1997 | Docket: 64777895

Published

provisions of Florida's Evidence Code, including section 90.408, Florida Statutes (1995), governing the admissibility

Seminole County v. Coral Gables Federal Savings & Loan Ass'n

691 So. 2d 614, 1997 Fla. App. LEXIS 4345, 22 Fla. L. Weekly Fed. D 994

District Court of Appeal of Florida | Filed: Apr 18, 1997 | Docket: 64772476

Published

$475,000. We disagree. The county argues that section 90.408, Florida Statutes (1995), prohibits the introduction

Johnson v. State

625 So. 2d 1297, 1993 Fla. App. LEXIS 11188, 1993 WL 437780

District Court of Appeal of Florida | Filed: Nov 1, 1993 | Docket: 64743815

Published

underlying § 90.408 [regarding compromise and offers to compromise].” The revision note under § 90.408 explains

Equitable Life Assurance Society of the U.S. v. Digital Products Corp.

528 So. 2d 1375, 13 Fla. L. Weekly 1880, 1988 Fla. App. LEXIS 3596, 1988 WL 81912

District Court of Appeal of Florida | Filed: Aug 10, 1988 | Docket: 64636261

Published

inadmissible offer to compromise or settle under section 90.408, Florida Statutes (1985), and (2) whether the

Martin County v. Mobil Corp.

513 So. 2d 243, 12 Fla. L. Weekly 2344, 1987 Fla. App. LEXIS 12218

District Court of Appeal of Florida | Filed: Sep 30, 1987 | Docket: 64629787

Published

binding on the parties making them. See e.g., § 90.408, Fla.Stat. (1981); McCormick, Handbook of the

Stamm v. Stamm

489 So. 2d 851, 11 Fla. L. Weekly 1289, 1986 Fla. App. LEXIS 8162

District Court of Appeal of Florida | Filed: Jun 5, 1986 | Docket: 64619914

Published

Inc., 424 So.2d 135, 136 (Fla. 1st DCA 1982), § 90.408, Fla.Stat. (1985). Admission of this settlement

Stamm v. Stamm

489 So. 2d 851, 11 Fla. L. Weekly 1289, 1986 Fla. App. LEXIS 8162

District Court of Appeal of Florida | Filed: Jun 5, 1986 | Docket: 64619914

Published

Inc., 424 So.2d 135, 136 (Fla. 1st DCA 1982), § 90.408, Fla.Stat. (1985). Admission of this settlement

Benoit, Inc. v. DIST. BD. OF TRUSTEES

463 So. 2d 1260

District Court of Appeal of Florida | Filed: Feb 14, 1985 | Docket: 448924

Published

improper under the Florida Rules of Evidence. Section 90.408, Florida Statutes (1983), provides: Evidence

H.R.J. Bar-B-Q, Inc. v. Shapiro

463 So. 2d 403, 10 Fla. L. Weekly 304, 1985 Fla. App. LEXIS 12102

District Court of Appeal of Florida | Filed: Jan 29, 1985 | Docket: 64609863

Published

inadmissible as an offer of compromise under section 90.408, Florida Statutes (1983)1 because there was

Benoit, Inc. v. District Board of Trustees of St. Johns River Community College of Florida

463 So. 2d 1260, 1984 Fla. App. LEXIS 14930, 10 Fla. L. Weekly 387

District Court of Appeal of Florida | Filed: Aug 30, 1984 | Docket: 64610052

Published

improper under the Florida Rules of Evidence. Section 90.408, Florida Statutes (1983), provides: Evidence

Atwater v. Gulf Maintenance & Supply, Inc.

424 So. 2d 135, 1982 Fla. App. LEXIS 22054

District Court of Appeal of Florida | Filed: Dec 28, 1982 | Docket: 64594388

Published

a controversy is pending are inadmissible. Section 90.408, Florida Statutes; Mutual Benefit Health &