Florida Statutes

Fla. Stat. § 90.802 (2025)

Hearsay rule.

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90.802 Hearsay rule.—Except as provided by statute, hearsay evidence is inadmissible.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.

Notes of Decisions

Cited in 132 cases (12 in the last 5 years), 1982–2026 · leading case: Khadafy Kareem Mullens v. State of Florida, 197 So. 3d 16 (Fla. 2016).

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Khadafy Kareem Mullens v. State of Florida, 197 So. 3d 16 (Fla. 2016). · cites it 3× “(2008) (excluding relevant but unduly prejudicial or confusing evidence); § 90.802, Fla. Stat. (2008) (generally excluding hearsay evidence).”

Yisrael v. State, 993 So. 2d 952 (Fla. 2008). · cites it 4× “See § 90.802, Fla. Stat. (2004). 5 Here, the DOC release-date letter read as follows: I, JOYCE HOBBS, CORRECTIONAL SERVICES ADMINISTRATOR, CENTRAL RECORDS OFFICE, STATE OF FLORIDA DEPARTMENT OF CORRECTIONS, DO HEREBY CERTIFY THAT THIS SEAL IS THE OFFICIAL SEAL OF THE FLORIDA…”

Richard DeLisle v. Crane Co., 258 So. 3d 1219 (Fla. 2018). · cites it 4× “See § 90.802, Fla. Stat. (1995) (“Except as provided by statute, hearsay evidence is inadmissible.”

Reynolds v. State, 934 So. 2d 1128 (Fla. 2006). · cites it 2× “See § 90.802, Fla. Stat. (2003). Section 90.804 of the Florida Statutes (2003) provides an exception to the hearsay rule of inadmissibility for out-of-court statements offered for the truth of the matter asserted made by an unavailable witness if the statement qualifies as a…”

McWatters v. State, 36 So. 3d 613 (Fla. 2010). · cites it 2× “See §§ 90.802, 90.805, Fla. Stat. (2006). On appeal, McWatters argues that exclusion of this hearsay within hearsay was a violation of due process pursuant to Chambers v.”

Dinter v. Brewer, 420 So. 2d 932 (Fla. 3d DCA 1982). · cites it 6× “Our analysis of Dinter's first point begins with the proposition that Heinz Dinter's deposition, being "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," is hearsay.”

Blanton v. State, 978 So. 2d 149 (Fla. 2008). · cites it 3× “§ 90.802, Fla. Stat. (2006). Hearsay is defined in section 90.”

Yisrael v. State, 986 So. 2d 491 (Fla. 2008). · cites it 4× “See § 90.802, Fla. Stat. (2004). [5] Here, the DOC release-date letter read as follows: I, JOYCE HOBBS, CORRECTIONAL SERVICES ADMINISTRATOR, CENTRAL RECORDS OFFICE, STATE OF FLORIDA DEPARTMENT OF CORRECTIONS, DO HEREBY CERTIFY THAT THIS SEAL IS THE OFFICIAL SEAL OF THE FLORIDA…”

Joseph Eli Bearden v. State of Florida, 161 So. 3d 1257 (Fla. 2015). · cites it 4× “Bearden’s Statement as Corroboration 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…”

Hadden v. State, 690 So. 2d 573 (Fla. 1997). · cites it 2× “See § 90.802, Fla. Stat. (1995) ("Except as provided by statute, hearsay evidence is inadmissible.”

State v. Contreras, 979 So. 2d 896 (Fla. 2008). · cites it 2× “Section 90.802, Florida Statutes (2007), of the Florida Evidence Code states the general rule that hearsay is inadmissible except as provided by statute.”

Rutledge v. State, 1 So. 3d 1122 (Fla. 1st DCA 2009). · cites it 4× “See § 90.802, Fla. Stat. (2005); State v. Freber, 366 So.”

Show all 132 citing cases →

— 90.802(1) — 1 case

Bennett v. Deutsche Bank Nat'l Trust Co., 124 So. 3d 320 (Fla. 4th DCA 2013).

— 90.802(2)(a) — 1 case

Risto Jovan Wyatt v. State of Florida, 183 So. 3d 1081 (Fla. 4th DCA 2015).

— 90.802(2)(c) — 1 case

State, Dep't of Bus. Reg., Div. of Alcoholic Beverages & Tobacco v. Club 99, Inc., 7 Fla. Supp. 2d 176 (Fla. Div. Admin. Hr'g 1984).

— 90.802(23) — 3 cases

RU v. Dep't of Child. & Families, 777 So. 2d 1153 (Fla. 4th DCA 2001).

Gene Truman Smith v. State of Florida (Fla. 1st DCA 2019).

Ronald Lee Coleman v. State of Florida (Fla. 1st DCA 2020).

— 90.802(23)(a) — 1 case

RU v. Dep't of Child. & Families, 777 So. 2d 1153 (Fla. 4th DCA 2001).

— 90.802(3)(a) — 1 case

Brendan Sigismondi v. State of Florida (Fla. 2d DCA 2024).

— 90.802(6) — 1 case

Alvarez-Mejia v. Bellissimo Props., LLC, 208 So. 3d 797 (Fla. 3d DCA 2016).

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