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Florida Statute 90.801 | Lawyer Caselaw & Research
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F.S. 90.801 Case Law from Google Scholar Google Search for Amendments to 90.801

The 2024 Florida Statutes

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.801
90.801 Hearsay; definitions; exceptions.—
(1) The following definitions apply under this chapter:
(a) A “declarant” is a person who makes a statement.
(b) “Hearsay” is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
(c) A “statement” is:
1. An oral or written assertion; or
2. Nonverbal conduct of a person if it is intended by the person as an assertion.
(2) A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement and the statement is:
(a) Inconsistent with the declarant’s testimony and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding or in a deposition;
(b) Consistent with the declarant’s testimony and is offered to rebut an express or implied charge against the declarant of improper influence, motive, or recent fabrication; or
(c) One of identification of a person made after perceiving the person.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 19, 22, ch. 78-361; ss. 1, 2, ch. 78-379; s. 2, ch. 81-93; s. 497, ch. 95-147; s. 21, ch. 2023-8.

F.S. 90.801 on Google Scholar

F.S. 90.801 on Casetext

Amendments to 90.801


Arrestable Offenses / Crimes under Fla. Stat. 90.801
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.801.

Annotations, Discussions, Cases:

Cases Citing Statute 90.801

Total Results: 20

Leo L. Boatman v. State of Florida

Court: Fla. | Date Filed: 2024-10-17T00:00:00-07:00

Snippet: “to prove the truth of the matter asserted.” § 90.801(1)(c), Fla. Stat. (2019). Boatman’s statement

Struggs v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: admitted as a statement of identification. Section 90.801(2)(c), Florida Statutes, provides that “[a] statement

Struggs v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: admitted as a statement of identification. Section 90.801(2)(c), Florida Statutes, provides that “[a] statement

Struggs v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: admitted as a statement of identification. Section 90.801(2)(c), Florida Statutes, provides that “[a] statement

Struggs v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00

Snippet: admitted as a statement of identification. Section 90.801(2)(c), Florida Statutes, provides that “[a] statement

Philip Morris USA Inc. v. Michael Jordan Lipp, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-27T00:00:00-07:00

Snippet: to prove the truth of the matter asserted.” § 90.801(1)(b), Fla. Stat. “However, the same statement

William Franklin Scott Jr v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-06T00:00:00-08:00

Snippet: and not inadmissible as such. See Fla. R. Evid. 90.801(2); but cf. Green, 667 So. 2d at 760 (holding that…non-hearsay, prior-inconsistent statements under FRE 90.801(2)(a)). 9 statements…addressing grand jury testimony, admissible under FRE 90.801(2)(a), that the witnesses subsequently recanted

BRENDAN SIGISMONDI v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-12T00:00:00-08:00

Snippet: asserted" is inadmissible hearsay evidence. §§ 90.801(2)(c), 802, Fla. Stat. (2023). A "statement

McKenzie v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-10T00:00:00-08:00

Snippet: statement of identification and was not hearsay. See § 90.801(2)(c), Fla. Stat. (2022). The statement that Appellant…asserted, and so it was also not hearsay. See § 90.801(1)(b), Fla. Stat. The statement made by one of

M. D. M. v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-06T00:00:00-08:00

Snippet: hearsay is reviewed de novo. Id. Under section 90.801(1)(c), Florida Statutes (2022), "hearsay"

Elizabeth Sentz v. Bonefish Grill, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-15T00:00:00-08:00

Snippet: asserted”—that BFG had actual notice of the spill. § 90.801(1)(c), Fla. Stat. (2020). However, the server

MARIA MESA v. CITIZENS PROPERTY INSURANCE CORPORATION

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-28T23:53:00-08:00

Snippet: witness has personal knowledge of the matter.”); § 90.801(1)(c), Fla. Stat. (2021) (“‘Hearsay’ is a statement

Marlin L. Joseph v. State of Florida

Court: Fla. | Date Filed: 2022-02-09T23:53:00-08:00

Snippet: of the matter asserted.” § 90.801(1)(c), Fla. Stat. (2017). Section 90.801(2)(c) provides an exception…statements of identifications pursuant to section 90.801(2)(c), Florida Statutes (2017), we conclude that… a person made after perceiving the person.” § 90.801(2)(c), Fla. Stat. (2017). An “out-of- court statement…Evidence § 801.9, at 992-93 (2017 ed.). “Section 90.801(2)(c) recognizes that an identification made shortly…person who made the prior identification, section 90.801(2)(c) makes admissible the testimony of a witness

JAMES DAMASK v. LESYA RYABCHENKO

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-27T00:53:00-07:00

Snippet: admitted over the father’s objection. See § 90.801(1)(c), Fla. Stat. (2020) (defining “hearsay” as

Terry Smith v. State of Florida & Terry Smith v. Mark S. Inch, etc.

Court: Fla. | Date Filed: 2021-10-21T00:53:00-07:00

Snippet: improper influence, motive, or recent fabrication.” § 90.801(2)(b), Fla. Stat. (2010). Thus, trial counsel …admissible prior consistent statements under section 90.801(2)(b) “to rebut, if not express, then certainly

WATERFALL VICTORIA GRANTOR TRUST II, SERIES G v. SARAH MCDONALD

Court: Fla. Dist. Ct. App. | Date Filed: 2021-08-25T00:53:00-07:00

Snippet: asserted and, thus, is hearsay as defined by section 90.801(1)(c), Florida Statutes (2018). Hearsay is not

R.L.G., A JUVENILE v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-06-16T00:53:00-07:00

Snippet: out-of-court statements. Section 90.801(1)(c) defines hearsay as “a statement, other than…With respect to the statement component, section 90.801(1)(b) provides that “[a] ‘declarant’ is a person

STEVEN CANNON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-04-14T00:53:00-07:00

Snippet: quotation marks, and brackets omitted). Section 90.801(1)(c), Florida Statutes (2019), defines “hearsay

Dontae R. Morris v. State of Florida

Court: Fla. | Date Filed: 2021-04-08T00:53:00-07:00

Snippet: could only be admissible to impeach Price. See § 90.801, Fla. Stat. (2020) (defining hearsay); § 90.608

DYCK-O'NEAL, INC. v. RUDOLPH HERMAN

Court: Fla. Dist. Ct. App. | Date Filed: 2020-11-11T23:53:00-08:00

Snippet: 13 Section 90.801(1)(c), Florida Statutes (2019), provides: “‘Hearsay