Florida Statute 90.410 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.410

90.410 Offer to plead guilty; nolo contendere; withdrawn pleas of guilty.—Evidence of a plea of guilty, later withdrawn; a plea of nolo contendere; or an offer to plead guilty or nolo contendere to the crime charged or any other crime is inadmissible in any civil or criminal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.

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Amendments to 90.410

Annotations, Discussions, Cases:

Cases Citing Statute 90.410

Total Results: 62

Donaldson v. State

722 So. 2d 177, 1998 WL 207909

Supreme Court of Florida | Filed: Apr 30, 1998 | Docket: 1241889

Cited 88 times | Published

for life imprisonment.[13] We disagree. Under section 90.410 of Florida's Evidence Code, offers to plead

Schoenwetter v. State

46 So. 3d 535, 35 Fla. L. Weekly Supp. 409, 2010 Fla. LEXIS 1051, 2010 WL 2605961

Supreme Court of Florida | Filed: Jul 1, 2010 | Docket: 2399554

Cited 56 times | Published

moved to have these statements excluded under section 90.410, Florida Statutes (2003), and Florida Rule

Starr Tyme, Inc. v. Cohen

659 So. 2d 1064, 20 Fla. L. Weekly Supp. 447, 1995 Fla. LEXIS 1417, 1995 WL 511416

Supreme Court of Florida | Filed: Aug 31, 1995 | Docket: 2484834

Cited 39 times | Published

prior judgment based on guilty plea). The fact section 90.410, Florida Statutes (1991), precludes the admission

Stevens v. State

419 So. 2d 1058

Supreme Court of Florida | Filed: Sep 14, 1982 | Docket: 1555149

Cited 38 times | Published

therefore inadmissible for any purpose under section 90.410, Florida Statutes (1979)[1] and Florida Rule

Bottoson v. State

443 So. 2d 962

Supreme Court of Florida | Filed: Dec 15, 1983 | Docket: 2447975

Cited 34 times | Published

with a plea or an offer to plead is inadmissible. § 90.410, Fla. Stat. (1981). However, we do not believe

Owen v. Crosby

854 So. 2d 182, 2003 WL 21554960

Supreme Court of Florida | Filed: Jul 11, 2003 | Docket: 402787

Cited 31 times | Published

ineffective for failing to argue the State violated section 90.410, Florida Statutes (2001), and Florida Rule

Owen v. State

986 So. 2d 534, 2008 WL 1969141

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 2529240

Cited 30 times | Published

reasonably believed to be plea negotiations. Section 90.410, Florida Statutes (1999), provided that "[e]vidence

Reese v. State

694 So. 2d 678, 1997 WL 123352

Supreme Court of Florida | Filed: Mar 20, 1997 | Docket: 1450002

Cited 27 times | Published

says that offers to plead are not admissible. See § 90.410, Fla. Stat. (1995). Further, any potential prejudice

In Interest of DJS

563 So. 2d 655, 1990 WL 50408

District Court of Appeal of Florida | Filed: Apr 16, 1990 | Docket: 1682893

Cited 27 times | Published

Commission, 469 So.2d 184 (Fla. 3d DCA 1985); § 90.410, Fla. Stat. (1987). The en banc decision further

Richardson v. State

706 So. 2d 1349, 1998 WL 29642

Supreme Court of Florida | Filed: Jan 29, 1998 | Docket: 1682515

Cited 20 times | Published

what can be done with it". Rule 3.172(h) and section 90.410, Florida Statutes (1991), prohibit the admission

State v. Raydo

713 So. 2d 996, 1998 WL 333429

Supreme Court of Florida | Filed: Jun 25, 1998 | Docket: 1732753

Cited 19 times | Published

further than the express statutory prohibition of section 90.410, Florida Statutes (1995). This section explicitly

Jane Doe v. Roy Black

749 F.3d 999, 2014 WL 1509015, 2014 U.S. App. LEXIS 7283

Court of Appeals for the Eleventh Circuit | Filed: Apr 18, 2014 | Docket: 280845

Cited 13 times | Published

verbatim. Compare, e.g., Fla. Stat. § 90.410 (“Evidence of a plea of guilty, later withdrawn;

Ellis v. State

475 So. 2d 1021, 10 Fla. L. Weekly 2258

District Court of Appeal of Florida | Filed: Sep 25, 1985 | Docket: 1301873

Cited 11 times | Published

guilty plea and were, therefore, pursuant to section 90.410, Florida Statutes (1983), inadmissible even

Groover v. State

458 So. 2d 226

Supreme Court of Florida | Filed: Sep 6, 1984 | Docket: 1452330

Cited 11 times | Published

Rule of Criminal Procedure 3.172(h)[1] and section 90.410, Florida Statutes *228 (1981),[2] Groover claims

Cruz v. State

437 So. 2d 692

District Court of Appeal of Florida | Filed: Apr 14, 1983 | Docket: 1675073

Cited 8 times | Published

the latter material, the state's motion cited Section 90.410, Florida Statutes (1979).[1] I. The Motion

CW v. Department of Children and Families

814 So. 2d 488, 2002 WL 529897

District Court of Appeal of Florida | Filed: Apr 10, 2002 | Docket: 1368824

Cited 7 times | Published

videotapes were inadmissible as evidence pursuant to section 90.410, Florida Statutes (2000), (iii) the videotapes

Raydo v. State

696 So. 2d 1225, 1997 WL 287577

District Court of Appeal of Florida | Filed: Jun 2, 1997 | Docket: 1696245

Cited 7 times | Published

and was awaiting disposition on those pleas. Section 90.410, Florida Statutes, provides in pertinent part

Traylor v. State

498 So. 2d 1297, 11 Fla. L. Weekly 2400

District Court of Appeal of Florida | Filed: Nov 14, 1986 | Docket: 1699836

Cited 7 times | Published

issue. Finally, Traylor argues, pursuant to Section 90.410, Florida Statutes (1983), that the inculpatory

Serrano v. State

15 So. 3d 629, 2009 Fla. App. LEXIS 7694, 2009 WL 1677545

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 1660461

Cited 6 times | Published

represented an attempt to negotiate a plea. See § 90.410, Fla. Stat. (2006) (providing that evidence of

Behm v. Campbell

925 So. 2d 1070, 2006 WL 566107

District Court of Appeal of Florida | Filed: Mar 10, 2006 | Docket: 1517034

Cited 6 times | Published

arrest). We also reject Behm's argument that section 90.410 prohibits consideration of his criminal case

In Re Commitment of Rodgers

875 So. 2d 737, 2004 WL 1284155

District Court of Appeal of Florida | Filed: Jun 11, 2004 | Docket: 1283913

Cited 6 times | Published

from his nolo contendere pleas, pursuant to section 90.410, Florida Statutes (2000), which prohibits evidence

Wainwright v. State

704 So. 2d 511, 1997 WL 709652

Supreme Court of Florida | Filed: Nov 13, 1997 | Docket: 1354387

Cited 6 times | Published

"in connection with" a plea are inadmissible. Section 90.410, Florida Statutes (1993), states: Evidence

State v. Walters

12 So. 3d 298, 2009 Fla. App. LEXIS 7604, 2009 WL 1675630

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 1646710

Cited 5 times | Published

frameworks, counter-proposals, and other concerns. Section 90.410, Florida Statutes (2007), provides that "[e]vidence

Calabro v. State

995 So. 2d 307, 2008 WL 4277295

Supreme Court of Florida | Filed: Sep 18, 2008 | Docket: 1184105

Cited 5 times | Published

plea negotiations and thus, inadmissible under section 90.410 of the Florida Statutes and Florida Rule of

Russell v. State

614 So. 2d 605, 1993 WL 43868

District Court of Appeal of Florida | Filed: Feb 18, 1993 | Docket: 1509818

Cited 5 times | Published

an offer to plead guilty inadmissible under section 90.410, Florida Statutes, and constituted plea negotiations

Landrum v. State

430 So. 2d 549

District Court of Appeal of Florida | Filed: Apr 29, 1983 | Docket: 446017

Cited 5 times | Published

section 90.608, Florida Statutes (1981). However, section 90.410, Florida Statutes (1981) provides that: Evidence

Cira v. Dillinger

903 So. 2d 367, 2005 WL 1397418

District Court of Appeal of Florida | Filed: Jun 15, 2005 | Docket: 1675379

Cited 4 times | Published

would have been inadmissible at trial under section 90.410, Florida Statutes (2004). We will examine each

Wyche v. FLA. UNEMPLOYMENT APPEALS

469 So. 2d 184, 10 Fla. L. Weekly 1268

District Court of Appeal of Florida | Filed: May 21, 1985 | Docket: 1272582

Cited 4 times | Published

admission of facts charged in complaint). See also § 90.410, Fla. Stat. (1983). Accordingly, a no contest

Bass v. State

147 So. 3d 1033, 2014 WL 4086496, 2014 Fla. App. LEXIS 12738

District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 60243058

Cited 3 times | Published

are offered in a prosecution under chapter 837. § 90.410, Fla. Stat. (2011) (emphasis added). Similarly

Grizzard v. State

881 So. 2d 673, 2004 WL 1908110

District Court of Appeal of Florida | Filed: Aug 27, 2004 | Docket: 1466234

Cited 3 times | Published

plea, is not admissible in a civil proceeding. § 90.410, Fla. Stat. (2003). This is because a nolo plea

Dawson v. State

585 So. 2d 443, 1991 WL 167841

District Court of Appeal of Florida | Filed: Sep 4, 1991 | Docket: 1293760

Cited 3 times | Published

appellant's plea offer constituted reversible error. Section 90.410 aids in promoting both the efficiency and fairness

Davis v. State

842 So. 2d 989, 2003 WL 1872312

District Court of Appeal of Florida | Filed: Apr 15, 2003 | Docket: 1730562

Cited 2 times | Published

an admission not subject to exclusion under section 90.410, Florida Statutes, and Florida Rule of Criminal

Debiasio v. State

789 So. 2d 1061, 2001 WL 649530

District Court of Appeal of Florida | Filed: Jun 13, 2001 | Docket: 1325947

Cited 2 times | Published

appeal. As to the merits of Debiasio's appeal, section 90.410, Florida Statutes, provides: Evidence of a

Rosenquist v. State

769 So. 2d 1051, 2000 WL 966039

District Court of Appeal of Florida | Filed: Jul 14, 2000 | Docket: 1739116

Cited 2 times | Published

Rule of Criminal Procedure 3.172(h)[2] and section 90.410, Florida Evidence Code[3] restrict the admissibility

McCray v. State

760 So. 2d 988, 2000 WL 731912

District Court of Appeal of Florida | Filed: Jun 9, 2000 | Docket: 1324935

Cited 2 times | Published

an offer to plead is inadmissible at trial. See § 90.410, Fla. Stat. (1997); Fla. R.Crim. P. 3.172(h).

Courtemanche v. State

24 So. 3d 770, 2009 Fla. App. LEXIS 20557, 2009 WL 5150066

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 1648855

Cited 1 times | Published

his confession letter into evidence violated section 90.410 of the Florida Statutes (2007), and rules 3

State v. Calabro

957 So. 2d 1210, 2007 WL 1135693

District Court of Appeal of Florida | Filed: Apr 18, 2007 | Docket: 1679349

Cited 1 times | Published

plea negotiations and thus, inadmissible under section 90.410 of the Florida Statutes and Florida Rule of

Hill v. State

768 So. 2d 518, 2000 Fla. App. LEXIS 11323, 2000 WL 1251918

District Court of Appeal of Florida | Filed: Sep 6, 2000 | Docket: 64800767

Cited 1 times | Published

would be no question that it was inadmissible. See § 90.410, Fla. Stat. (1997); Fla. R.Crim. P. 3.172(h);

Strickland v. State

498 So. 2d 1350, 11 Fla. L. Weekly 2622, 1986 Fla. App. LEXIS 11364

District Court of Appeal of Florida | Filed: Dec 15, 1986 | Docket: 64623750

Cited 1 times | Published

Winner v. Sharp, 43 So.2d 634 (Fla.1949). Section 90.410, Florida Statutes (1983), of the Florida Evidence

Dan Ioan Belc v. State of Florida

District Court of Appeal of Florida | Filed: Mar 12, 2025 | Docket: 69728105

Published

inadmissible in any civil or criminal proceeding.” § 90.410, Fla. Stat.; see also Fla. R. Crim. P. 3.172(i)

JEFFERY GESKE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 12, 2024 | Docket: 63401319

Published

negotiations. In support of this argument, he cites section 90.410, Florida Statutes (2019), for the proposition

STEVEN PAUL ANDERSON v. MARY MITCHELL

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

Published

-4- section 90.410 does not supply "a ground for refusing

Allen Cooper v. State of Florida

257 So. 3d 645

District Court of Appeal of Florida | Filed: Nov 20, 2018 | Docket: 8213955

Published

2 inadmissible. See § 90.410, Fla. Stat. (2016). But even if the court erred

Richard Todd Robards v. State of Florida

214 So. 3d 568, 42 Fla. L. Weekly Supp. 431, 2017 Fla. LEXIS 756

Supreme Court of Florida | Filed: Apr 6, 2017 | Docket: 4669812

Published

constitute inadmissible plea negotiations under section 90.410, Florida Statutes (2014),3 and Florida Rule

Jane Doe v. Roy Black

Court of Appeals for the Eleventh Circuit | Filed: Apr 18, 2014 | Docket: 2902007

Published

Rule 410 verbatim. Compare, e.g., Fla. Stat. § 90.410 (“Evidence of a plea of guilty, later withdrawn;

Corrao v. State

79 So. 3d 940, 2012 WL 573541, 2012 Fla. App. LEXIS 2704

District Court of Appeal of Florida | Filed: Feb 23, 2012 | Docket: 60305416

Published

trial court denied the renewed motion. Under section 90.410, Florida Statutes (2010), “[e]vidence of .

Nunes v. State

988 So. 2d 636, 2008 Fla. App. LEXIS 8419, 2008 WL 2356702

District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 64855487

Published

made the plea or offer. Rule 3.172(i) restates section 90.410, Florida Statutes (2006).3 Rule 3.172(f) is

State v. Guzman

979 So. 2d 1144, 2008 WL 1733608

District Court of Appeal of Florida | Filed: Apr 16, 2008 | Docket: 325300

Published

a condition of ongoing plea negotiations, see § 90.410, Fla. Stat. (2007); Fla. R.Crim. P. 3.172(h);

Debiasio v. State

801 So. 2d 197, 2001 Fla. App. LEXIS 17129, 2001 WL 1538852

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 64810609

Published

conclusion that the letter was inadmissible under section 90.410, Florida Statutes (2000). Following our precedent

Sjuts v. State

750 So. 2d 732, 2000 Fla. App. LEXIS 459, 2000 WL 61789

District Court of Appeal of Florida | Filed: Jan 26, 2000 | Docket: 64794751

Published

Predators Act.1 Sjuts bases his objections on section 90.410, Florida Statutes (1997), providing that nolo

Sjuts v. State

750 So. 2d 732, 2000 Fla. App. LEXIS 459, 2000 WL 61789

District Court of Appeal of Florida | Filed: Jan 26, 2000 | Docket: 64794751

Published

Predators Act.1 Sjuts bases his objections on section 90.410, Florida Statutes (1997), providing that nolo

Melendez v. State

747 So. 2d 1011, 1999 Fla. App. LEXIS 16632, 1999 WL 1127762

District Court of Appeal of Florida | Filed: Dec 10, 1999 | Docket: 64793558

Published

Florida Rule of Criminal Procedure 3.172(h) and section 90.410, Florida Statutes (1995). Appellant argues

Dopson v. State

719 So. 2d 37, 1998 Fla. App. LEXIS 11820, 1998 WL 636792

District Court of Appeal of Florida | Filed: Sep 18, 1998 | Docket: 64783492

Published

(1995) . § 827.04(3), Fla. Slat. (1995). . § 90.410, Fla. Slat. . § 924.051(7), Fla. Slat.

Hite v. State

718 So. 2d 270, 1998 Fla. App. LEXIS 11304, 1998 WL 558732

District Court of Appeal of Florida | Filed: Sep 4, 1998 | Docket: 64783176

Published

that the State had violated the provisions of section 90.410, Florida Statutes, by introducing evidence

Starr Tyme, Inc. v. Cohen

638 So. 2d 599, 1994 Fla. App. LEXIS 6135, 1994 WL 275641

District Court of Appeal of Florida | Filed: Jun 22, 1994 | Docket: 64749207

Published

Comm’n, 469 So .2d 184 (Fla. 3d DCA 1985). Section 90.410, Florida Statutes, of the Florida Evidence

Fabian v. State

635 So. 2d 162, 1994 Fla. App. LEXIS 3930, 1994 WL 157137

District Court of Appeal of Florida | Filed: Apr 29, 1994 | Docket: 64747712

Published

not an “offer to plead” within the purview of section 90.410, Florida Statutes (1993). AFFIRMED. DAUKSCH

Doe v. Department of Health & Rehabilitative Services

563 So. 2d 655

District Court of Appeal of Florida | Filed: Apr 16, 1990 | Docket: 64651274

Published

Commission, 469 So.2d 184 (Fla. 3d DCA 1985); § 90.410, Fla.Stat. (1987). The en banc decision further

Ferrante v. State

524 So. 2d 742, 13 Fla. L. Weekly 1197, 1988 Fla. App. LEXIS 2065, 1988 WL 47536

District Court of Appeal of Florida | Filed: May 18, 1988 | Docket: 64634653

Published

was 30 months and five years’ proba-tion_” Section 90.410, Florida Statutes, provides that “Evidence

Clark v. State

452 So. 2d 1002, 1984 Fla. App. LEXIS 13879

District Court of Appeal of Florida | Filed: Jun 20, 1984 | Docket: 64605898

Published

first point out that the Florida Evidence Code, section 90.410, Florida Statutes (1983), specifically makes

Downs v. State

439 So. 2d 963, 1983 Fla. App. LEXIS 22724

District Court of Appeal of Florida | Filed: Oct 25, 1983 | Docket: 64600285

Published

170(f), Florida Rules of Criminal Procedure, and Section 90.410, Florida Statutes (1981). This contention is

Metropolitan Dade County v. Wilkey

414 So. 2d 269, 1982 Fla. App. LEXIS 20106

District Court of Appeal of Florida | Filed: May 25, 1982 | Docket: 64590092

Published

fundamental as to not warrant extensive treatment. Section 90.410, Florida Statutes (1979) clearly sets forth:

Metropolitan Dade County v. Wilkey

414 So. 2d 269, 1982 Fla. App. LEXIS 20106

District Court of Appeal of Florida | Filed: May 25, 1982 | Docket: 64590092

Published

fundamental as to not warrant extensive treatment. Section 90.410, Florida Statutes (1979) clearly sets forth: