Annotations, Discussions, Cases:
Cases Citing Statute 90.802
Total Results: 120
690 So. 2d 573, 1997 WL 45050
Supreme Court of Florida | Filed: Feb 6, 1997 | Docket: 436879
Cited 81 times | Published
...It is this fundamental concept which similarly forms the rules dealing with the admissibility of hearsay evidence. As a rule, hearsay evidence is considered not sufficiently reliable to be admissible, and its admission is predicated on a showing of reliability by reason of something other than the hearsay itself. See § 90.802, Fla....
748 So. 2d 237, 1999 WL 343070
Supreme Court of Florida | Filed: May 27, 1999 | Docket: 1504846
Cited 71 times | Published
...The essential inquiry thus becomes whether a reasonable person would have denied the statements under the circumstances. McCormick, Evidence, § 270 (2d ed.1972). Florida has incorporated this rule into its Evidence Code as section 90.803(18)(b), Florida Statutes (1981), which provides: The provision of section 90.802 to the contrary notwithstanding, the following are not inadmissible as evidence, even though the declarant is available as a witness: (18) AdmissionsA statement that is offered against a party and is: (b) a statement of which he has manifested his adoption or belief in its truth....
888 So. 2d 693, 2004 WL 2600408
District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 66825
Cited 65 times | Published
...However, it would not resolve the present controversy merely to conclude that the statement meets one of the exceptions to the hearsay rule. Because this is a criminal case, we must also determine whether the admission of the statement violates the defendant's Sixth Amendment right to confront the witnesses against him. A Section 90.802 of the Florida Evidence Code states the general rule that hearsay is inadmissible except as provided by statute....
934 So. 2d 1128, 2006 WL 1381880
Supreme Court of Florida | Filed: May 18, 2006 | Docket: 1460819
Cited 59 times | Published
...Florida law defines hearsay as "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." § 90.801(1)(c), Fla. Stat. (2003). Hearsay is inadmissible at trial except as specifically provide by statute. See § 90.802, Fla....
979 So. 2d 896, 2008 WL 657867
Supreme Court of Florida | Filed: Mar 13, 2008 | Docket: 1714383
Cited 34 times | Published
...ifying and because Contreras was afforded opportunities to cross-examine the child during the discovery depositions. Finally, the State argues that even if the trial court erred in admitting the videotaped statement at trial, the error was harmless. Section 90.802, Florida Statutes (2007), of the Florida Evidence Code states the general rule that hearsay is inadmissible except as provided by statute....
978 So. 2d 149, 2008 WL 657832
Supreme Court of Florida | Filed: Mar 13, 2008 | Docket: 2515926
Cited 28 times | Published
...The Court heard argument from the parties on the same day that it considered two other cases involving Confrontation Clause issues under Crawford. See State v. Contreras, No. SC05-1767, ___ So.2d ___, 2008 WL 657867 (Fla. Mar. 13, 2008); State v. Lopez, 974 So.2d 340 (Fla.2008). ANALYSIS Section 90.802 of the Florida Evidence Code states the general rule that hearsay is inadmissible except as provided by statute. § 90.802, Fla....
429 So. 2d 1216
District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 1667487
Cited 25 times | Published
...n adverse party is denied the opportunity to cross-examine the out-of-court declarant in this case the individual(s) who prepared the handbook in order to expose errors in the writing or statement. See Law Revision Council Note-1976, 6C F.S.A. § 90.802 at 261 (1979); Brinson v....
...The handbook may yet be admissible, if it falls into one of the enumerated exceptions to the hearsay rule. These exceptions, which are embodied in Section 90.803, Florida Statutes, state in relevant part: *1221 90.803 Hearsay exceptions; availability of declarant immaterial. The provision of s. 90.802 to the contrary notwithstanding, the following are not inadmissible as evidence, even though the declarant is available as a witness: * * * * * * (8) PUBLIC RECORDS AND REPORTS....
258 So. 3d 1219
Supreme Court of Florida | Filed: Oct 15, 2018 | Docket: 8030090
Cited 18 times | Published
of something other than the hearsay itself. See § 90.802, Fla. Stat. (1995) ("Except as provided by statute
621 So. 2d 475, 1993 WL 174881
District Court of Appeal of Florida | Filed: May 26, 1993 | Docket: 1265405
Cited 18 times | Published
...nd to kill the victim are generally inadmissible hearsay."). In the absence of an applicable exception, hearsay evidence is inadmissible. Correll v. State, 523 So.2d 562, 565 (Fla.), cert. denied, 488 U.S. 871, 109 S.Ct. 183, 102 L.Ed.2d 152 (1988); § 90.802, Fla....
460 So. 2d 975, 10 Fla. L. Weekly 1
District Court of Appeal of Florida | Filed: Dec 18, 1984 | Docket: 1765995
Cited 18 times | Published
...ograms of cocaine from the defendant Joseph Maugeri's airplane as opposed to $8,000 in cash which Maugeri said had been placed there. After lengthy and thorough consideration, we have determined that this evidence, although uncontestably hearsay, section 90.802, Florida Statutes (1981), was properly admitted as a statement against penal interest under the hearsay exception embodied in section 90.804(2)(c), Florida Statutes (1981), [1] the reception of which did not offend the defendant's right to confrontation under the sixth amendment of the United States Constitution....
...would be admissible if they are, in fact, declarations against the interest of the declarant when made.") We have carefully examined the remaining points on appeal and find them without merit. [9] Affirmed. NOTES [1] Hearsay exceptions. The following are not excluded under s. 90.802, provided that the declarant is unavailable as a witness: * * * * * * (c) Statement against interest....
980 So. 2d 1126, 2008 WL 723786
District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1735771
Cited 17 times | Published
...1st DCA 1999) (citing Richardson v. Marsh, 481 U.S. 200, 107 S.Ct. 1702, 95 L.Ed.2d 176 (1987)). We agree that the first part of the statement where Laurencio confessed to Martin to his own involvement in the robbery was admissible as an exception to Florida's hearsay rule, section 90.802, Florida Statutes (2007), as against Laurencio's penal interest....
420 So. 2d 932
District Court of Appeal of Florida | Filed: Oct 26, 1982 | Docket: 1306523
Cited 14 times | Published
...ing, offered in evidence to prove the truth of the matter asserted," is hearsay. § 90.801(1)(c), Fla. Stat. (1979). As such, unless it falls within some exception to the rule excluding hearsay, it is not entitled to admission despite its relevancy. § 90.802, Fla....
...The effect of these provisions is to create exceptions to the hearsay rule independent of Rule 804(b)(1). Hearsay which would not be admissible under 804(b)(1) will still qualify for admission if it satisfies these provisions. This is the effect of Rule 802 of the Federal Rules of Evidence [§ 90.802, Fla....
...1972). The admissibility of Dinter's deposition statements, then, rests on the singular fact that the statements were made by him. [3] Simply stated, the applicable rule of evidence, Section 90.803, Florida Statutes (1981), provides: "The provision of s. 90.802 [except as provided by statute, hearsay evidence is inadmissible] to the contrary notwithstanding, the following are not inadmissible as evidence, even though the declarant is available as a witness: ......
...gh the witness were then present and testifying," it eliminates the threshold hearsay objection based on the deponent's absence from the court and is, in this respect, a rule of evidence. See Fed.R.Civ.P. 32, Advisory Committee Note, 1970 to Amend.; § 90.802, Fla....
523 So. 2d 1199, 1988 WL 27734
District Court of Appeal of Florida | Filed: Mar 30, 1988 | Docket: 472660
Cited 14 times | Published
...but that he [Davis] would not fight the "guy." The witnesses stated that Davis did not appear to have been drinking when they saw him. It is well settled that hearsay is inadmissible unless it falls within one of the exceptions to the hearsay rule. § 90.802, Fla. Stat. (1985); Correll v. State, 13 F.L.W. 34, 35 (Fla. Jan. 14, 1988). In this case, the testimony of the rebuttal witnesses was admitted on the basis of the state of mind exception provided at section 90.803(3)(a), which states: The provision of s. 90.802 to the contrary notwithstanding, the following are not inadmissible as evidence, even though the declarant is available as a witness: ........
483 So. 2d 861, 11 Fla. L. Weekly 536
District Court of Appeal of Florida | Filed: Feb 27, 1986 | Docket: 2509252
Cited 13 times | Published
...ed in receiving into evidence the written H.R.S. reports which are admissible only at a separate disposition hearing under section 39.408(2), Fla. Stat. (1983) [§ 39.408(3), Fla. Stat. (Supp. 1984)]. This action violated the usual hearsay rule (see § 90.802, Fla....
989 So. 2d 1244, 2008 WL 4162964
District Court of Appeal of Florida | Filed: Sep 11, 2008 | Docket: 2518598
Cited 11 times | Published
...First, the record reflects that the parties jointly stipulated to exclude Zwirn's deposition. Second, the report is a letter written from Zwirn to appellants' counsel, which, as the trial court correctly determined, constitutes inadmissible hearsay. See § 90.802, Fla....
417 So. 2d 805
District Court of Appeal of Florida | Filed: Aug 4, 1982 | Docket: 1383096
Cited 11 times | Published
...*807 The essential inquiry thus becomes whether a reasonable person would have denied the statements under the circumstances. McCormick, Evidence, § 270 (2d ed. 1972). Florida has incorporated this rule into its Evidence Code as section 90.803(18)(b), Florida Statutes (1981), which provides: The provision of section 90.802 to the contrary notwithstanding, the following are not inadmissible as evidence, even though the declarant is available as a witness: (18) Admissions A statement that is offered against a party and is: (b) a statement of which he has manifested his adoption or belief in its truth....
884 So. 2d 57, 2004 WL 432488
District Court of Appeal of Florida | Filed: Mar 10, 2004 | Docket: 1282197
Cited 9 times | Published
...Many of the rules of evidence on their face demonstrate the universality of epistemological prescriptions in the search for reliable and trustworthy knowledge. See, e.g., § 90.402 ("All relevant evidence is admissible, except as provided by law."); § 90.802 (except as provided by statute hearsay is categorically inadmissible); § 90.901 (authentication or identification required)....
462 So. 2d 556, 10 Fla. L. Weekly 203
District Court of Appeal of Florida | Filed: Jan 15, 1985 | Docket: 1510025
Cited 9 times | Published
...in the meeting between Bricker and Torres and, as such, was hearsay testimony. § 90.801(1)(c), Fla. Stat. (1981). In the absence of an applicable hearsay exception, hearsay evidence is inadmissible. Hunt v. State, 429 So.2d 811 (Fla. 2d DCA 1983); § 90.802, Fla....
17 So. 3d 829, 2009 Fla. App. LEXIS 12742, 2009 WL 2602304
District Court of Appeal of Florida | Filed: Aug 21, 2009 | Docket: 1645336
Cited 9 times | Published
...authenticity requirement. See id. Extrinsic evidence of authenticity is required except for those documents which are self-authenticating. See § 90.902(1)-(11), Fla. Stat. (2008). Except as provided by statute, hearsay evidence is inadmissible. See § 90.802, Fla....
580 So. 2d 186, 1991 WL 45209
District Court of Appeal of Florida | Filed: Apr 2, 1991 | Docket: 1364810
Cited 9 times | Published
...A As a general rule, hearsay evidence that 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," § 90.801(1)(c), Fla. Stat. (1989) is inadmissible in evidence at a trial. § 90.802, Fla....
620 So. 2d 165, 1993 WL 143780
Supreme Court of Florida | Filed: May 6, 1993 | Docket: 1722793
Cited 8 times | Published
...We find that statement was properly excluded by the trial judge since the information in that statement was never communicated to Cannady by either his wife or his daughter. Furthermore, the use of Georgia Cannady's statement to prove a rape is prohibited by section 90.802, Florida Statutes (1989), and the statement falls within no known exception to the hearsay rule....
616 So. 2d 140, 1993 WL 88631
District Court of Appeal of Florida | Filed: Mar 25, 1993 | Docket: 1726626
Cited 8 times | Published
...The state has cited numerous decisions relying on section 90.803(3), Florida Statutes (1989), the so-called state-of-mind hearsay exception, for the proposition that the seller's statement should not have been admitted to show Appellant's state of mind. This exception provides that, notwithstanding the section 90.802 rule that hearsay evidence is ordinarily inadmissible, "[a] statement of the declarant's then existing state of mind" is not inadmissible as evidence, even though the declarant is available as a witness, when the statement is offered to prove the declarant's state of mind....
429 So. 2d 811
District Court of Appeal of Florida | Filed: Apr 13, 1983 | Docket: 1221260
Cited 8 times | Published
...Hunt; she also told them the reasons why she feared him. The statements of the deceased, as related by the witnesses, were hearsay. Section 90.801, Florida Statutes (1981). In the absence of an applicable exception, hearsay evidence is inadmissible. Section 90.802, Florida Statutes (1981)....
...1921); Hinson v. State, 59 Fla. 20, 52 So. 194 (Fla. 1910). The state's argument that the probative value of the testimony outweighs any prejudice must also fail. Probative value is not the test; the test is simply whether a hearsay exception is applicable. Section 90.802, Florida Statutes (1981)....
528 So. 2d 6, 1988 WL 48986
District Court of Appeal of Florida | Filed: May 18, 1988 | Docket: 1367121
Cited 7 times | Published
...3d DCA 1986); Postell v. State, 398 So.2d 851 (Fla. 3d DCA), petition for review denied, 411 So.2d 384 (Fla. 1981). Thus, Agent Chouinard's testimony sub judice was clearly hearsay, and absent a specific statutory exception to the contrary, it was inadmissible. See § 90.802, Fla....
753 So. 2d 121, 2000 WL 3913
District Court of Appeal of Florida | Filed: Jan 5, 2000 | Docket: 1729103
Cited 6 times | Published
...Consequently, should this issue arise in subsequent proceedings, the damage award should be reduced by the remaining unpaid PIP benefits. We reverse the final judgment and remand for a new trial on damages. CAMPBELL, A.C.J., and SALCINES, J., Concur. NOTES [1] Section 90.803 provides in relevant part: The provision of § 90.802 to the contrary notwithstanding, the following are not inadmissible as evidence, even though the declarant is available as a witness.......
79 So. 3d 747, 2011 Fla. App. LEXIS 14233, 2011 WL 3962910
District Court of Appeal of Florida | Filed: Sep 9, 2011 | Docket: 2356189
Cited 5 times | Published
...[9] We note that testimony by Detective Fowler at trial concerning the information he collected from the pharmacies and the doctors during his investigation of Mr. Mullis would constitute hearsay. § 90.801, Fla. Stat. (2010). Such testimony would be inadmissible at trial over a timely defense objection. § 90.802....
986 So. 2d 491, 2008 WL 450398
Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1428493
Cited 5 times | Published
...However, by itself, the letter is not admissible under the business-records exception. Out-of-court statements offered to prove the truth of the matter asserted are inadmissible unless the statements fall under a recognized exception to the rule against hearsay. See § 90.802, Fla....
...State, 790 So.2d 1094, 1097 (Fla.2001) (citing § 90.801(1)(c), Fla. Stat. (1997)). In its attempt to prove Yisrael's release date, the State, as the evidentiary proponent, thus had the burden of supplying a proper predicate to admit this evidence under an exception to the rule against hearsay. See § 90.802, Fla....
31 So. 3d 873, 2010 Fla. App. LEXIS 3342, 2010 WL 934029
District Court of Appeal of Florida | Filed: Mar 17, 2010 | Docket: 1647640
Cited 4 times | Published
...We agree with appellant and reverse. The standard of review on the admission of evidence is abuse of discretion as limited by the rules of evidence. Hudson v. State, 992 So.2d 96, 107 (Fla.2008). Unless it falls within a statutory exception, hearsay evidence is inadmissible. See § 90.802, Fla....
121 So. 3d 462, 2013 WL 3334954
Supreme Court of Florida | Filed: Jul 8, 2013 | Docket: 60234437
Cited 4 times | Published
she repeated, he’s going to come kill me.” Section 90.802, Florida Statutes (2009), states: “Except as
777 So. 2d 1153, 2001 Fla. App. LEXIS 1356, 2001 WL 121091
District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 462079
Cited 4 times | Published
...On January 13, 2000, the trial court conducted a hearing on the petition for adjudication of dependency. The parties hotly contested whether statements the half-sister N.M. made to her counselor, Sonia Gallimore, could be admitted under the child victim hearsay exception of the Florida Evidence Code, section 90.802(23), Florida Statutes (2000)....
...rroneously admitted in evidence, because there was no "other corroborative evidence of the abuse or offense" within the meaning of section 90.803(23)(a)2.b., Florida Statutes (2000). Section 90.803(23) is an exception to the hearsay rule codified at section 90.802, Florida Statutes (2000)....
...nt into evidence if the child *1159 declarant also testifies at trial, or if the child declarant is determined to be unavailable and there is " other corroborative evidence of the abuse or offense. " State v. Townsend, 635 So.2d 949, 957 (Fla.1994); § 90.802(23)(a)2., Fla....
908 So. 2d 1185, 2005 WL 2045447
District Court of Appeal of Florida | Filed: Aug 26, 2005 | Docket: 2544851
Cited 4 times | Published
...e. Because we conclude that a proper objection to Ms. Powell's testimony should have been sustained, we reverse the summary denial of this claim and remand for further consideration. "Except as provided by statute, hearsay evidence is inadmissible." § 90.802, Fla....
937 So. 2d 287, 2006 WL 2612895
District Court of Appeal of Florida | Filed: Sep 13, 2006 | Docket: 1513189
Cited 3 times | Published
...1354 Young's audiotaped statement was hearsay, since the statements were not made "at the trial" and were "offered in evidence to prove the truth of the matter asserted," that Shennett committed a burglary. See § 90.801(1)(c), Fla. Stat. (2005). Hearsay is inadmissible under section 90.802, Florida Statutes (2005), unless it falls within an exception to the hearsay rule....
993 So. 2d 105, 2008 WL 4629572
District Court of Appeal of Florida | Filed: Oct 21, 2008 | Docket: 1516371
Cited 3 times | Published
...Hearsay, defined as "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," § 90.801(1)(c), Fla. Stat. (2007), is inadmissible, unless allowed by an exception enacted as a statute, § 90.802, Fla....
...Defense counsel argued that Ms. Baldwin's statement constituted a separate layer of hearsayhearsay within hearsaywhich could not come in without qualifying under an exception of its own. [2] See § 90.805, Fla. Stat. (2007) ("Hearsay within hearsay is not excluded under s. 90.802, provided each part of the combined statements conforms with an exception to the hearsay rule as provided in s....
468 So. 2d 427, 10 Fla. L. Weekly 1100
District Court of Appeal of Florida | Filed: May 1, 1985 | Docket: 1725482
Cited 3 times | Published
...In addition, persons having an interest in the property are entitled to basic due process rights, including reasonable notice and an opportunity to be heard, before their rights in the property can be cut off. In Florida, hearsay statements are not generally admissible in criminal or civil proceedings. § 90.802, Fla....
415 So. 2d 128
District Court of Appeal of Florida | Filed: Jun 16, 1982 | Docket: 1255876
Cited 3 times | Published
...the contents of a price tag that was affixed to an item of merchandise on the day appellant was accused of stealing the merchandise. In our view this testimony did not constitute hearsay as contemplated by the provisions of the Irida Evidence Code, Section 90.802, Florida Statutes (1981)....
1 So. 3d 1122, 2009 Fla. App. LEXIS 339, 2009 WL 127784
District Court of Appeal of Florida | Filed: Jan 21, 2009 | Docket: 1653978
Cited 3 times | Published
...The parties agree that whether the trial court's admission of evidence comports with the Florida Evidence Code and the applicable case law is reviewed de novo. See McCray v. State, 919 So.2d 647, 649 (Fla. 1st DCA 2006). Hearsay statements are inadmissible absent an applicable exception. See § 90.802, Fla....
25 So. 3d 49, 2009 Fla. App. LEXIS 19049, 2009 WL 4591048
District Court of Appeal of Florida | Filed: Dec 8, 2009 | Docket: 1195250
Cited 3 times | Published
...804(B)(6); Or. Rev.Stat. Ann. § 40.465(3)(f); Pa. R. Evid. 804(b)(6); Tenn. R. Evid. 804(b)(6); Vt. R. Evid. 804(b)(6). Furthermore, Florida's Evidence Code states in clear terms, "Except as provided by statute, hearsay evidence is inadmissible." § 90.802, Fla. Stat. The legislature has declared that such hearsay is not admissible, precluding any contrary view we may have. Although section 90.102 states that common law that does not conflict with the Code is still applicable in Florida, section 90.802 prohibits courts from admitting hearsay "except as provided by statute." Where two statutory provisions conflict, the specific *52 provision controls the general provision....
...The State argues that the doctrine of forfeiture by wrongdoing is applicable in Florida as a common-law hearsay exception under section 90.102, Florida Statutes, which provides that the Florida Evidence Code replaces or supersedes only conflicting statutory or common law. We reject this argument. Even if section 90.802 did not prohibit application of the doctrine of forfeiture by wrongdoing as a hearsay exception, that common-law doctrine would not give us authority to affirm the admission of the hearsay threats....
970 So. 2d 919, 2007 WL 4561593
District Court of Appeal of Florida | Filed: Dec 31, 2007 | Docket: 1695272
Cited 3 times | Published
...The written estimate of the replacement cost for the exterior door was an out-of-court statement offered to prove the truth of the matter asserted, the value of the exterior door. Thus, the estimate constituted hearsay as defined in section 90.801(c), Florida Statutes (2006), and was inadmissible under section 90.802, Florida Statutes (2006), unless an exception is created by another statutory provision....
725 So. 2d 393, 1998 WL 889257
District Court of Appeal of Florida | Filed: Dec 23, 1998 | Docket: 1294004
Cited 3 times | Published
...The bicyclist/victim in this case was ticketed for careless driving, violation of right of way, and improper lane change. A traffic court magistrate dismissed the charges. The tape recording was properly excluded, since it *396 contained numerous hearsay statements. See § 90.802, Fla....
553 So. 2d 274, 1989 WL 142198
District Court of Appeal of Florida | Filed: Nov 28, 1989 | Docket: 1258512
Cited 2 times | Published
...estimony meets the requirements of either, it is admissible."), review denied, 467 So.2d 999 (Fla. 1985), limited on other grounds, Chrysler Corp. v. Wolmer, 499 So.2d 823 (Fla. 1986); 6C Fla. Stat. Ann. 260 (1979) (1976 Law Revision Council Note to § 90.802); 28 U.S.C.A.Fed.R.Civ.P....
675 So. 2d 192, 1996 WL 280029
District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 1298116
Cited 2 times | Published
...At bar, the record reveals the state failed to produce any non-hearsay evidence to prove a violation of E.C.'s suspended commitment. Ms. Keeling testified that she was told E.C. was suspended and introduced the school records for support. Ms. Keeling's oral statements as to what she was told were clearly hearsay under section 90.802, Florida Statutes (1995)....
980 So. 2d 1134, 2008 WL 782532
District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 1735588
Cited 2 times | Published
...and that introduction of such testimony would violate Paraison's Sixth Amendment right of confrontation as recognized in Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004). See § 90.803(2), Fla. Stat. (2004) (excepting from section 90.802 making hearsay evidence inadmissible, "[a] statement or excited utterance relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition")....
418 So. 2d 273
District Court of Appeal of Florida | Filed: Jun 25, 1982 | Docket: 1288894
Cited 2 times | Published
...f the matter asserted." § 90.801, Fla. Stat. (1981) (emphasis added). The statements of the codefendant to the police officer concerning the grand theft fall within the hearsay definition and are inadmissible unless an exception provides otherwise. § 90.802, Fla....
41 So. 3d 935, 2010 Fla. App. LEXIS 10455, 35 Fla. L. Weekly Fed. D 1574
District Court of Appeal of Florida | Filed: Jul 16, 2010 | Docket: 358534
Cited 2 times | Published
...Even if Polite had preserved this issue for review, we believe that the evidence presented by the State was sufficient to secure admission of the statement under section 90.803(5). The hearsay exception for past recollection recorded provides: Section 90.803(5) Recorded Recollection The provision of s. 90.802 [2] to the contrary notwithstanding, the following are not inadmissible as evidence, even though the declarant is available as a witness: (5) Recorded Recollection....
...Here, insofar as the "showing" issue is concerned, the circumstantial indicia of reliability were sufficient to admit the statement and permit the jury to weigh it with other evidence. NOTES [1] §§ 810.02(2)(a), 775.087(1), 775.087(2); 812.13(2)(a), 775.087(2); 784.021; 775.087(2), Fla. Stat. (2008). [2] § 90.802....
211 So. 3d 87
District Court of Appeal of Florida | Filed: Jan 25, 2017 | Docket: 60262707
Cited 2 times | Published
by statute, hearsay evidence is inadmissible.” § 90.802. One statutory exception to hearsay is the business
208 So. 3d 785, 2016 Fla. App. LEXIS 18580
District Court of Appeal of Florida | Filed: Dec 16, 2016 | Docket: 60258634
Cited 2 times | Published
satisfied one of the statutory hearsay exceptions. § 90.802, Fla. Stat. (2015). Section 90.803(24), Florida
41 So. 3d 433, 2010 Fla. App. LEXIS 11716, 2010 WL 3156637
District Court of Appeal of Florida | Filed: Aug 11, 2010 | Docket: 2398484
Cited 2 times | Published
...ncy. The rules of evidence applicable in civil cases also apply in adjudicatory hearings *434 under Chapter 39. § 39.507(1)(b), Fla. Stat. (2009). Thus, hearsay is inadmissible unless it is admitted pursuant to an exception to the hearsay rule. See § 90.802, Fla....
161 So. 3d 1257, 40 Fla. L. Weekly Supp. 208, 2015 Fla. LEXIS 800, 2015 WL 1724590
Supreme Court of Florida | Filed: Apr 16, 2015 | Docket: 2649968
Cited 2 times | Published
...Because Ray Allen Brown’s alleged statement to Tyler was an out-of-court
statement that was offered for the truth of the matter asserted—that Ray Allen
Brown was present in Skipper’s car when Skipper was murdered—the statement
constituted inadmissible hearsay under section 90.802, Florida Statutes....
477 So. 2d 26, 10 Fla. L. Weekly 2350
District Court of Appeal of Florida | Filed: Oct 15, 1985 | Docket: 259816
Cited 1 times | Published
...The appellant's conviction of attempted second degree murder is reversed because of the erroneous admission of hearsay testimony by the investigating police officer concerning material statements related to him by a witness to the incident. [1] Bricker v. State, 462 So.2d 556 (Fla. 3d DCA 1985); § 90.802, Fla....
186 So. 3d 1056, 2016 Fla. App. LEXIS 214, 2016 WL 64341
District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026022
Cited 1 times | Published
...1st DCA 2012)).
“‘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.” § 90.801(1)(c), Fla. Stat. (2012). “Except as provided
by statute, hearsay evidence is inadmissible.” Id. § 90.802.
“An excited utterance, or ‘[a] statement ....
264 So. 3d 182
District Court of Appeal of Florida | Filed: Jan 23, 2019 | Docket: 13588108
Cited 1 times | Published
is inadmissible, except as provided by statute. § 90.802, Fla. Stat. (2014). The data entry of the phone
228 So. 3d 115
District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145382
Cited 1 times | Published
2d 1128, 1139 (Fla. 2006); see also § 90.802, Fla. Stat. (2015). Such statements can only be
17 So. 3d 795, 2009 Fla. App. LEXIS 11326, 2009 WL 2475148
District Court of Appeal of Florida | Filed: Aug 14, 2009 | Docket: 1645155
Cited 1 times | Published
...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," § 90.801(1)(c), Fla. Stat. (2007), and is not admissible, except as provided by statute. § 90.802, Fla....
67 So. 3d 301, 2011 Fla. App. LEXIS 5190, 2011 WL 1376969
District Court of Appeal of Florida | Filed: Apr 13, 2011 | Docket: 2363051
Cited 1 times | Published
...f this discretion are limited by the rules of evidence. Hinojosa v. State, 857 So.2d 308, 309 (Fla. 2d DCA 2003) (citing Welty v. State, 402 So.2d 1159, 1162-63 (Fla.1981)). Here, the trial court erred when it admitted Andre's hearsay statement. See § 90.802 ("hearsay evidence is inadmissible")....
Supreme Court of Florida | Filed: Sep 4, 2025 | Docket: 71267629
Published
that each constitutes inadmissible hearsay. See § 90.802, Fla. Stat. 5 5. Suggs claims that Riebe’s
District Court of Appeal of Florida | Filed: Sep 14, 2020 | Docket: 18435265
Published
file supplement briefs addressing whether [the section 90.802(23) issue] was properly preserved” for our
District Court of Appeal of Florida | Filed: Oct 27, 2021 | Docket: 60677205
Published
evidence to prove the truth of the matter asserted”); § 90.802, Fla. Stat. (2020) (“Except as provided by statute
255 So. 3d 990
District Court of Appeal of Florida | Filed: Oct 10, 2018 | Docket: 8015390
Published
absent a statutory exception or exclusion. See § 90.802 ("Except as provided by statute, hearsay
80 So. 3d 347, 2011 Fla. App. LEXIS 19059, 2011 WL 5965809
District Court of Appeal of Florida | Filed: Nov 30, 2011 | Docket: 2411786
Published
...testify at the hearing, Appellants' counsel preserved the hearsay objection, and the Agency failed to lay a foundation for any hearsay exception concerning whatever out-of-court statements Bulger relied on to reach her conclusions on this issue. See § 90.802, Fla....
675 So. 2d 192, 1996 Fla. App. LEXIS 5502
District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 64765248
Published
what she was told were clearly hearsay under section 90.802, Florida Statutes (1995). Additionally, the
183 So. 3d 1081, 2015 Fla. App. LEXIS 7620, 2015 WL 2393278
District Court of Appeal of Florida | Filed: May 20, 2015 | Docket: 2679321
Published
...tried with [co-
defendant], the State did not have the identical motive in cross-examining
[the co-defendant] as it would have had if the State tried [co-defendant]
and Garcia together.” Id. at 564. The court went on to point out, however,
that “section 90.802(2)(a) does not require an identical motive but only a
‘similar motive.’” Id....
273 So. 3d 1046
District Court of Appeal of Florida | Filed: Mar 20, 2019 | Docket: 14752819
Published
evidence is generally inadmissible at trial, see § 90.802, Fla. Stat. (2018), if the out-of-court statement
250 So. 3d 113
District Court of Appeal of Florida | Filed: Jun 27, 2018 | Docket: 7292502
Published
by statute, hearsay evidence is inadmissible.” § 90.802, Fla. Stat. (2016). “This means that the only
274 So. 3d 1199
District Court of Appeal of Florida | Filed: Jun 19, 2019 | Docket: 15798571
Published
statute, hearsay evidence is inadmissible." § 90.802. As an exception, "[a] statement is not hearsay
District Court of Appeal of Florida | Filed: Jul 9, 2014 | Docket: 1769
Published
...n a way that provides “broader or greater
protection” than the United States Constitution. But see State v. Hosty, 944 So.
2d 255, 259 n.4 (Fla. 2006).
-2-
(2) The following are not excluded under s. 90.802,
provided that the declarant is unavailable as a witness:
...
(f) Statement offered against a party that
wrongfully caused the declarant’s
unavailability.—A...
...e and
Mortimer “wrongfully caused, or acquiesced in wrongfully causing,”
Joseph’s unavailability at trial. In our review of Mortimer’s convictions,
we found that it was error to admit the testimony under a common law
hearsay exception, since section 90.802 provides that hearsay evidence is
inadmissible, “[e]xcept as provided by statute.” Mortimer, 100 So....
...ndments, 2013 WL
6500888, at *1, which means that the statute is unconstitutional because
it contravenes article V, section 2(a). There is thus no operative statute
that would authorize the admission of Joseph’s hearsay testimony, a
requirement of section 90.802.
Mortimer is entitled to habeas relief because a key assumption of our
earlier opinion was in error....
Supreme Court of Florida | Filed: Jul 31, 2025 | Docket: 70749418
Published
by statute, hearsay evidence is inadmissible.” § 90.802, Fla. Stat. (2022). A trial court’s decision
District Court of Appeal of Florida | Filed: Jul 24, 2019 | Docket: 15960210
Published
by statute, hearsay evidence is inadmissible.” § 90.802, Fla. Stat. (2018). “This means that the only
Supreme Court of Florida | Filed: Jul 2, 2020 | Docket: 17317801
Published
not admissible except as provided by statute, § 90.802, Fla. Stat. (2014), and defines hearsay as “a
141 So. 3d 702, 2014 WL 2957435, 2014 Fla. App. LEXIS 10117
District Court of Appeal of Florida | Filed: Jul 2, 2014 | Docket: 538
Published
...amounts, but rather may exercise such discretion as required to further the
purposes of restitution.”) (emphasis added); Noel v. State, 127 So. 3d 769,
774 (Fla. 4th DCA 2013) (“[R]estitution to victims is a central ‘penological
interest’ of Florida criminal law.”); § 90.802, Fla....
Supreme Court of Florida | Filed: Jul 10, 2025 | Docket: 70749418
Published
by statute, hearsay evidence is inadmissible.” § 90.802, Fla. Stat. (2022). A trial court’s decision
District Court of Appeal of Florida | Filed: Jan 12, 2024 | Docket: 63591352
Published
for admission under the hearsay exception in section 90.802(3)(a). See Getts v. State, 313 So. 3d 964,
270 So. 3d 371
District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 14560240
Published
is inadmissible hearsay.”). 53 See FLA. STAT. § 90.802 (2014) (“Except as provided by statute, hearsay
District Court of Appeal of Florida | Filed: Feb 14, 2018 | Docket: 6304682
Published
statute, hearsay evidence is inadmissible." § 90.802. A document is admissible under the business
District Court of Appeal of Florida | Filed: Feb 12, 2025 | Docket: 69632239
Published
statute, hearsay evidence is inadmissible." § 90.802, Fla. Stat. (2023). Although section 90.803(6)
District Court of Appeal of Florida | Filed: Dec 6, 2023 | Docket: 68065370
Published
is inadmissible, except as provided by statute. § 90.802. To that end, "[t]he provision of s
260 So. 3d 325
District Court of Appeal of Florida | Filed: Dec 5, 2018 | Docket: 8346799
Published
prove the truth of the matter asserted.” Section 90.802, Florida Statutes (2017), provides that hearsay
208 So. 3d 797, 2016 Fla. App. LEXIS 19273
District Court of Appeal of Florida | Filed: Dec 28, 2016 | Docket: 4559186
Published
introduced by The Combined Group’s .record custodian. § 90.802(6), Fla. Stat. (2016) (defining a business record
980 So. 2d 1087, 2007 WL 4404434
District Court of Appeal of Florida | Filed: Dec 19, 2007 | Docket: 1419998
Published
...nced by the response in the brief to plaintiff's argument that the deposition of the police officer was not admissible: The admitted testimony of the police officer, even if it were hearsay, met with the requisite hearsay exceptions under Fla. Stat. 90.802, including but not limited to: spontaneous statement, excited utterance, statement of then existing physical condition, and/or statements for the purpose of medical treatment or diagnosis....
553 So. 2d 1310, 1989 Fla. App. LEXIS 7016
District Court of Appeal of Florida | Filed: Dec 12, 1989 | Docket: 64647073
Published
qualify as an exception to Florida’s hearsay rule. § 90.802, Fla.Stat. (1987). Respondent contends that both
553 So. 2d 1310, 1989 WL 149638
District Court of Appeal of Florida | Filed: Dec 12, 1989 | Docket: 1259200
Published
...Respondent contends that the trial court erred in permitting the state to introduce copies of the registration certificate and leasing agreement because neither document was introduced with the requisite predicate to qualify as an exception to Florida's hearsay rule. § 90.802, Fla....
District Court of Appeal of Florida | Filed: Aug 25, 2021 | Docket: 60290990
Published
admissible unless a statutory exception applies. § 90.802, Fla. Stat. (2018) In this case, McDonald relies
199 So. 3d 429, 2016 Fla. App. LEXIS 12760
District Court of Appeal of Florida | Filed: Aug 24, 2016 | Docket: 4415734
Published
to prove the truth of the matter asserted.”); § 90.802 Fla. Stat. (2015) (“Except as provided by statute
District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098305
Published
foundation and is mere hearsay or speculation. § 90.802, Fla. Stat. (“Except as provided by statute, hearsay
District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 14882794
Published
hearsay. We reject both contentions. Under section 90.802(23), Florida Statutes, courts can consider
District Court of Appeal of Florida | Filed: Apr 25, 2018 | Docket: 6375012
Published
by statute, hearsay evidence is inadmissible.” § 90.802, Fla. Stat. (2016). “This means that the only
Supreme Court of Florida | Filed: Apr 17, 2014 | Docket: 57174
Published
...- 14 -
Hearsay is defined as an out-of-court statement being offered into evidence
to prove the truth of the matter asserted. See § 90.801(1)(c), Fla. Stat. (2005).
“Except as provided by statute, hearsay evidence is inadmissible.” § 90.802, Fla.
Stat....
District Court of Appeal of Florida | Filed: Apr 15, 2020 | Docket: 17070189
Published
statute, hearsay evidence is generally inadmissible. § 90.802, Fla. Stat. (2018). Inadmissible hearsay that
