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Offer to plead guilty; nolo contendere; withdrawn pleas of guilty.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 Cite as: Fla. Stat. § 90.410 (2025)
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90.410 Offer to plead guilty; nolo contendere; withdrawn pleas of guilty.Evidence of a plea of guilty, later withdrawn; a plea of nolo contendere; or an offer to plead guilty or nolo contendere to the crime charged or any other crime is inadmissible in any civil or criminal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.
History.s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 8, 22, ch. 78-361; ss. 1, 2, ch. 78-379.
Notes of Decisions
Cited in 61 cases (2 in the last 5 years), 1982–2025 · leading case: Calabro v. State
Calabro v. State (2008) fla · cites it 48× “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 (1998) fla · cites it 12× “172(h) and section 90.410, Florida Statutes (1991), prohibit the admission of statements given during plea negotiations.”
Schoenwetter v. State (2010) fla · cites it 4× “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 (1983) fladistctapp · cites it 13× “" In seeking exclusion of the latter material, the state's motion cited Section 90.410, Florida Statutes (1979). [1] I.”
Owen v. Crosby (2003) fla · cites it 4× “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 (2005) fladistctapp · cites it 8× “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 (1995) fla · cites it 4× “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 (1998) fla · cites it 3× “§ 90.410, Fla. Stat. (1993); see also Reese v.”
Landrum v. State (1983) fladistctapp · cites it 10× “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 (1993) fladistctapp · cites it 10× “*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 (2008) fla · cites it 2× “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 (2009) fladistctapp · cites it 4× “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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