Florida Statutes
Fla. Stat. § 90.410 (2025)
Offer to plead guilty; nolo contendere; withdrawn pleas of guilty.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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90.410 Offer to plead guilty; nolo contendere; withdrawn pleas of guilty.—Evidence of a plea of guilty, later withdrawn; a plea of nolo contendere; or an offer to plead guilty or nolo contendere to the crime charged or any other crime is inadmissible in any civil or criminal proceeding. Evidence of statements made in connection with any of the pleas or offers is inadmissible, except when such statements are offered in a prosecution under chapter 837.
Notes of Decisions
Cited in 61
cases (2 in the last 5 years), 1982–2025 · leading case: Calabro v. State, 995 So. 2d 307 (Fla. 2008).
Calabro v. State, 995 So. 2d 307 (Fla. 2008). “The trial court entered an order excluding both statements, concluding that the statements made by Calabro "were offers for a plea agreement and are inadmissible pursuant to § 90.410, Fla. Stat. (2005) and Fla. R.Crim.”
Richardson v. State, 706 So. 2d 1349 (Fla. 1998). “172(h) and section 90.410, Florida Statutes (1991), prohibit the admission of statements given during plea negotiations.”
Schoenwetter v. State, 46 So. 3d 535 (Fla. 2010). “Appellant asserts that trial counsel should have moved to have these statements excluded under section 90.410, Florida Statutes (2003), and Florida Rule of Criminal Procedure 3.”
Cruz v. State, 437 So. 2d 692 (Fla. 1st DCA 1983). “" In seeking exclusion of the latter material, the state's motion cited Section 90.410, Florida Statutes (1979). [1] I.”
Owen v. Crosby, 854 So. 2d 182 (Fla. 2003). “Owen first argues that appellate counsel was ineffective for failing to argue the State violated section 90.410, Florida Statutes (2001), and Florida Rule of Criminal Procedure 3.”
Cira v. Dillinger, 903 So. 2d 367 (Fla. 2d DCA 2005). “Cira's pleas of nolo contendere to the charges and evidence concerning the pleas would have been inadmissible at trial under section 90.410, Florida Statutes (2004). We will examine each of the appellants' arguments below.”
Starr Tyme, Inc. v. Cohen, 659 So. 2d 1064 (Fla. 1995). “The fact section 90.410, Florida Statutes (1991), precludes the admission of a nolo plea in any civil or criminal proceeding does not mandate that we ignore the express language of the civil remedies estoppel statute.”
Donaldson v. State, 722 So. 2d 177 (Fla. 1998). “§ 90.410, Fla. Stat. (1993); see also Reese v.”
Landrum v. State, 430 So. 2d 549 (Fla. 2d DCA 1983). “However, section 90.410, Florida Statutes (1981) provides that: Evidence of a plea of guilty, later withdrawn; a plea of nolo contendere; or an offer to plead guilty or nolo contendere to the crime charged or any other crime is inadmissible in any civil or criminal proceeding.”
Russell v. State, 614 So. 2d 605 (Fla. 1st DCA 1993). “*607 After the defense rested, appellant moved for a mistrial urging that this letter was nothing more than an offer to plead guilty inadmissible under section 90.410, Florida Statutes, and constituted plea negotiations made inadmissible by rule 3.”
Owen v. State, 986 So. 2d 534 (Fla. 2008). “Section 90.410, Florida Statutes (1999), provided that "[e]vidence of statements made in connection with any of the pleas or offers is inadmissible, except when such statements are offered in a prosecution under chapter 837.”
Serrano v. State, 15 So. 3d 629 (Fla. 1st DCA 2009). “See § 90.410, Fla. Stat. (2006) (providing that evidence of offers to plead guilty or statements related to such offers is inadmissible).”
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