Florida Statute 90.802 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.802

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.

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F.S. 90.802 on CourtListener

Amendments to 90.802

Annotations, Discussions, Cases:

Cases Citing Statute 90.802

Total Results: 122

Hadden v. State

690 So. 2d 573, 1997 WL 45050

Supreme Court of Florida | Filed: Feb 6, 1997 | Docket: 436879

Cited 81 times | Published

of something other than the hearsay itself. See § 90.802, Fla. Stat. (1995) ("Except as provided by statute

Nelson v. State

748 So. 2d 237, 1999 WL 343070

Supreme Court of Florida | Filed: May 27, 1999 | Docket: 1504846

Cited 71 times | Published

Statutes (1981), which provides: The provision of section 90.802 to the contrary notwithstanding, the following

Lopez v. State

888 So. 2d 693, 2004 WL 2600408

District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 66825

Cited 65 times | Published

right to confront the witnesses against him. A Section 90.802 of the Florida Evidence Code states the general

Reynolds v. State

934 So. 2d 1128, 2006 WL 1381880

Supreme Court of Florida | Filed: May 18, 2006 | Docket: 1460819

Cited 59 times | Published

except as specifically provide by statute. See § 90.802, Fla. Stat. (2003). Section 90.804 of the Florida

State v. Contreras

979 So. 2d 896, 2008 WL 657867

Supreme Court of Florida | Filed: Mar 13, 2008 | Docket: 1714383

Cited 34 times | Published

statement at trial, the error was harmless. Section 90.802, Florida Statutes (2007), of the Florida Evidence

Blanton v. State

978 So. 2d 149, 2008 WL 657832

Supreme Court of Florida | Filed: Mar 13, 2008 | Docket: 2515926

Cited 28 times | Published

Lopez, 974 So.2d 340 (Fla.2008). ANALYSIS Section 90.802 of the Florida Evidence Code states the general

Sikes v. Seaboard Coast Line R. Co.

429 So. 2d 1216

District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 1667487

Cited 25 times | Published

See Law Revision Council Note-1976, 6C F.S.A. § 90.802 at 261 (1979); Brinson v. State, 382 So.2d 322

Richard DeLisle v. Crane Co.

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

Rigdon v. State

621 So. 2d 475, 1993 WL 174881

District Court of Appeal of Florida | Filed: May 26, 1993 | Docket: 1265405

Cited 18 times | Published

S. 871, 109 S.Ct. 183, 102 L.Ed.2d 152 (1988); § 90.802, Fla. Stat. (1991). The question thus becomes

Maugeri v. State

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

this evidence, although uncontestably hearsay, section 90.802, Florida Statutes (1981), was properly admitted

Perez v. State

980 So. 2d 1126, 2008 WL 723786

District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1735771

Cited 17 times | Published

as an exception to Florida's hearsay rule, section 90.802, Florida Statutes (2007), as against Laurencio's

Kingery v. State

523 So. 2d 1199, 1988 WL 27734

District Court of Appeal of Florida | Filed: Mar 30, 1988 | Docket: 472660

Cited 14 times | Published

within one of the exceptions to the hearsay rule. § 90.802, Fla. Stat. (1985); Correll v. State, 13 F.L.W

Dinter v. Brewer

420 So. 2d 932

District Court of Appeal of Florida | Filed: Oct 26, 1982 | Docket: 1306523

Cited 14 times | Published

not entitled to admission despite its relevancy. § 90.802, Fla. Stat. (1979); State Farm Mutual Automobile

White v. DEPT. OF HEALTH & REHAB. SERVICES

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

This action violated the usual hearsay rule (see § 90.802, Fla. Stat.) and the specific dictates of section

Browne v. State

132 So. 3d 312, 2014 WL 223094, 2014 Fla. App. LEXIS 585, 39 Fla. L. Weekly Fed. D 201

District Court of Appeal of Florida | Filed: Jan 22, 2014 | Docket: 60238420

Cited 11 times | Published

with the Code is still applicable in Florida, section 90.802 prohibits courts from admitting hearsay “except

Rose v. ADT SEC. Services, Inc.

989 So. 2d 1244, 2008 WL 4162964

District Court of Appeal of Florida | Filed: Sep 11, 2008 | Docket: 2518598

Cited 11 times | Published

determined, constitutes inadmissible hearsay. See § 90.802, Fla. Stat. (2005). A trial court cannot consider

Privett v. State

417 So. 2d 805

District Court of Appeal of Florida | Filed: Aug 4, 1982 | Docket: 1383096

Cited 11 times | Published

Statutes (1981), which provides: The provision of section 90.802 to the contrary notwithstanding, the following

Cayea v. Citimortgage, Inc.

138 So. 3d 1214, 2014 WL 2197616, 2014 Fla. App. LEXIS 8093

District Court of Appeal of Florida | Filed: May 28, 2014 | Docket: 60240539

Cited 10 times | Published

unless it falls within a recognized exception. See § 90.802, Fla. Stat. Florida’s business-records exception

Eugene v. State

53 So. 3d 1104, 2011 Fla. App. LEXIS 573, 2011 WL 222159

District Court of Appeal of Florida | Filed: Jan 26, 2011 | Docket: 60297991

Cited 9 times | Published

"[Hjearsay evidence is inadmissible” under section 90.802, Florida Statutes (2008), so its admission

Amos v. Gartner, Inc.

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

statute, hearsay evidence is inadmissible. See § 90.802, Fla. Stat. (2008). Where no proper foundation

Eliakim v. State

884 So. 2d 57, 2004 WL 432488

District Court of Appeal of Florida | Filed: Mar 10, 2004 | Docket: 1282197

Cited 9 times | Published

evidence is admissible, except as provided by law."); § 90.802 (except as provided by statute hearsay is categorically

METRO. DADE COUNTY v. Yearby

580 So. 2d 186, 1991 WL 45209

District Court of Appeal of Florida | Filed: Apr 2, 1991 | Docket: 1364810

Cited 9 times | Published

(1989) is inadmissible in evidence at a trial. § 90.802, Fla. Stat. (1989). The underlying policy reason

Bricker v. State

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

Hunt v. State, 429 So.2d 811 (Fla. 2d DCA 1983); § 90.802, Fla. Stat. (1981). Since the outcome of this

Wade v. Wade

124 So. 3d 369, 2013 Fla. App. LEXIS 16848, 2013 WL 5735321

District Court of Appeal of Florida | Filed: Oct 23, 2013 | Docket: 60235465

Cited 8 times | Published

evidence to prove the truth of the matter asserted”); § 90.802, Fla. Stat. (2013) ("Except as provided by statute

Yang v. Sebastian Lakes Condominium Ass'n

123 So. 3d 617, 2013 WL 4525318, 2013 Fla. App. LEXIS 13681

District Court of Appeal of Florida | Filed: Aug 28, 2013 | Docket: 60235123

Cited 8 times | Published

unless it falls within a recognized exception. See § 90.802, Fla. Stat. (2012). “Florida’s business-records

Polite v. State

116 So. 3d 270, 38 Fla. L. Weekly Supp. 386, 2013 Fla. LEXIS 1163, 2013 WL 2436218

Supreme Court of Florida | Filed: Jun 6, 2013 | Docket: 60232343

Cited 8 times | Published

an established exception. See Fed.R.Evid. 802; § 90.802, Fla. Stat. (2008). The exception at issue in

Cannady v. State

620 So. 2d 165, 1993 WL 143780

Supreme Court of Florida | Filed: May 6, 1993 | Docket: 1722793

Cited 8 times | Published

statement to prove a rape is prohibited by section 90.802, Florida Statutes (1989), and the statement

Duncan v. State

616 So. 2d 140, 1993 WL 88631

District Court of Appeal of Florida | Filed: Mar 25, 1993 | Docket: 1726626

Cited 8 times | Published

exception provides that, notwithstanding the section 90.802 rule that hearsay evidence is ordinarily inadmissible

Hunt v. State

429 So. 2d 811

District Court of Appeal of Florida | Filed: Apr 13, 1983 | Docket: 1221260

Cited 8 times | Published

exception, hearsay evidence is inadmissible. Section 90.802, Florida Statutes (1981). On appeal, the state

Bauer v. State

528 So. 2d 6, 1988 WL 48986

District Court of Appeal of Florida | Filed: May 18, 1988 | Docket: 1367121

Cited 7 times | Published

exception to the contrary, it was inadmissible. See § 90.802, Fla. Stat. (1983). The rule against hearsay and

Allen v. State

137 So. 3d 946, 38 Fla. L. Weekly Supp. 592, 2013 WL 3466777, 2013 Fla. LEXIS 1421

Supreme Court of Florida | Filed: Jul 11, 2013 | Docket: 60240447

Cited 6 times | Published

by statute, hearsay evidence is inadmissible.” § 90.802, Fla. Stat. (2005). This Court reviews “ ‘a trial

Powell v. State

99 So. 3d 570, 2012 Fla. App. LEXIS 17889, 2012 WL 4900574

District Court of Appeal of Florida | Filed: Oct 16, 2012 | Docket: 60313102

Cited 6 times | Published

presented here by the de novo standard of review. Section 90.802 of the Florida Evidence Code states the general

McElroy v. Perry

753 So. 2d 121, 2000 WL 3913

District Court of Appeal of Florida | Filed: Jan 5, 2000 | Docket: 1729103

Cited 6 times | Published

803 provides in relevant part: The provision of § 90.802 to the contrary notwithstanding, the following

Khadafy Kareem Mullens v. State of Florida

197 So. 3d 16, 41 Fla. L. Weekly Supp. 279, 2016 Fla. LEXIS 1255, 2016 WL 3348429

Supreme Court of Florida | Filed: Jun 16, 2016 | Docket: 3079195

Cited 5 times | Published

but unduly prejudicial or confusing evidence); § 90.802, Fla. Stat. (2008) (generally excluding hearsay

Mullis v. State

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

inadmissible at trial over a timely defense objection. § 90.802. We express no opinion on how the State-in a trial-might

Yisrael v. State

986 So. 2d 491, 2008 WL 450398

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1428493

Cited 5 times | Published

recognized exception to the rule against hearsay. See § 90.802, Fla. Stat. (2004).[5] Here, the DOC release-date

Yisrael v. State

986 So. 2d 491, 2008 WL 450398

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1428493

Cited 5 times | Published

recognized exception to the rule against hearsay. See § 90.802, Fla. Stat. (2004).[5] Here, the DOC release-date

Davis v. State

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

Hernandez v. State

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

exception, hearsay evidence is inadmissible. See § 90.802, Fla. Stat. (2008). Section 90.803(5), Florida

Yisrael v. State

993 So. 2d 952, 33 Fla. L. Weekly Supp. 577, 2008 Fla. LEXIS 223, 2008 WL 5083515

Supreme Court of Florida | Filed: Feb 21, 2008 | Docket: 64856305

Cited 4 times | Published

recognized exception to the rule against hearsay. See § 90.802, Fla. Stat. (2004).5 Here, the DOC release-date

Powell v. State

908 So. 2d 1185, 2005 WL 2045447

District Court of Appeal of Florida | Filed: Aug 26, 2005 | Docket: 2544851

Cited 4 times | Published

by statute, hearsay evidence is inadmissible." § 90.802, Fla. Stat. (2001). Statements that constitute

RU v. Department of Children & Families

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

hearsay exception of the Florida Evidence Code, section 90.802(23), Florida Statutes (2000). To determine

Gayle v. State

216 So. 3d 656, 2017 WL 1403607, 2017 Fla. App. LEXIS 5368

District Court of Appeal of Florida | Filed: Apr 19, 2017 | Docket: 60265462

Cited 3 times | Published

by statute, hearsay evidence is inadmissible.” § 90.802, Fla. Stat. (2015). Appellant argues that the

Mortimer v. State

100 So. 3d 99, 2012 WL 3711413, 2012 Fla. App. LEXIS 14492

District Court of Appeal of Florida | Filed: Aug 29, 2012 | Docket: 60226109

Cited 3 times | Published

to the hearsay rule, which is set forth in section 90.802, Florida Statutes (2010). We agree with the

Chavez v. State

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

by statute, hearsay evidence is inadmissible." § 90.802, Fla. Stat. The legislature has declared that

Rutledge v. State

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

inadmissible absent an applicable exception. See § 90.802, Fla. Stat. (2005); State v. Freber, 366 So.2d

Thomas v. State

993 So. 2d 105, 2008 WL 4629572

District Court of Appeal of Florida | Filed: Oct 21, 2008 | Docket: 1516371

Cited 3 times | Published

allowed by an exception enacted as a statute, § 90.802, Fla. Stat. (2007), and adopted by our supreme

Butler v. State

970 So. 2d 919, 2007 WL 4561593

District Court of Appeal of Florida | Filed: Dec 31, 2007 | Docket: 1695272

Cited 3 times | Published

Statutes (2006), and was inadmissible under section 90.802, Florida Statutes (2006), unless an exception

Shennett v. State

937 So. 2d 287, 2006 WL 2612895

District Court of Appeal of Florida | Filed: Sep 13, 2006 | Docket: 1513189

Cited 3 times | Published

Stat. (2005). Hearsay is inadmissible under section 90.802, Florida Statutes (2005), unless it falls within

Gerlitz v. State

725 So. 2d 393, 1998 WL 889257

District Court of Appeal of Florida | Filed: Dec 23, 1998 | Docket: 1294004

Cited 3 times | Published

*396 contained numerous hearsay statements. See § 90.802, Fla. Stat. (1997). AFFIRMED. GUNTHER and FARMER

Doersam v. Brescher

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

generally admissible in criminal or civil proceedings. § 90.802, Fla. Stat. (1983). The use of hearsay as a predicate

Watson v. State

415 So. 2d 128

District Court of Appeal of Florida | Filed: Jun 16, 1982 | Docket: 1255876

Cited 3 times | Published

the provisions of the Irida Evidence Code, Section 90.802, Florida Statutes (1981). ANSTEAD, HERSEY,

Washburn v. Washburn

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

Sprouse v. State

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

Joseph Eli Bearden v. State of Florida

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

statement constituted inadmissible hearsay under section 90.802, Florida Statutes. Under that section, hearsay

State v. Davis

133 So. 3d 1101, 2014 WL 444041, 2014 Fla. App. LEXIS 1431

District Court of Appeal of Florida | Filed: Feb 5, 2014 | Docket: 60238677

Cited 2 times | Published

Statutes (2012), or another statutory provision. See § 90.802, Fla. Stat. (2012) ("Except as provided by statute

Osagie v. State

58 So. 3d 307, 2011 Fla. App. LEXIS 2664, 2011 WL 710175

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 60299309

Cited 2 times | Published

to prove the truth of the matter asserted.”); § 90.802, Fla. Stat. (2007) ("Except as provided by statute

WS v. Department of Children and Families

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

pursuant to an exception to the hearsay rule. See § 90.802, Fla. Stat. (2009). Where an adjudication of dependency

Polite v. State

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

087(2); 784.021; 775.087(2), Fla. Slat. (2008). . § 90.802. Hearsay rule. Except as provided by statute,

Paraison v. State

980 So. 2d 1134, 2008 WL 782532

District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 1735588

Cited 2 times | Published

90.803(2), Fla. Stat. (2004) (excepting from section 90.802 making hearsay evidence inadmissible, "[a]

EC v. State

675 So. 2d 192, 1996 WL 280029

District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 1298116

Cited 2 times | Published

what she was told were clearly hearsay under section 90.802, Florida Statutes (1995). Additionally, the

Wm v. Dept. of Health & Rehab. Servs.

553 So. 2d 274, 1989 WL 142198

District Court of Appeal of Florida | Filed: Nov 28, 1989 | Docket: 1258512

Cited 2 times | Published

260 (1979) (1976 Law Revision Council Note to § 90.802); 28 U.S.C.A.Fed.R.Civ.P. 32 (1970 amendment to

Wm v. Dept. of Health & Rehab. Servs.

553 So. 2d 274, 1989 WL 142198

District Court of Appeal of Florida | Filed: Nov 28, 1989 | Docket: 1258512

Cited 2 times | Published

260 (1979) (1976 Law Revision Council Note to § 90.802); 28 U.S.C.A.Fed.R.Civ.P. 32 (1970 amendment to

Pierce v. Mims

418 So. 2d 273

District Court of Appeal of Florida | Filed: Jun 25, 1982 | Docket: 1288894

Cited 2 times | Published

inadmissible unless an exception provides otherwise. § 90.802, Fla. Stat. (1981). We find no applicable exception

GOLDBOURNE ONEIL HENRY v. STATE OF FLORIDA

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

PHILIP MORRIS USA INC., and R.J. REYNOLDS TOBACCO CO. v. ROSE POLLARI, etc

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

Ronald Smith v. State of Florida

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

hearsay evidence is inadmissible.” Id. § 90.802. “An excited utterance, or ‘[a] statement

Caldwell v. State

137 So. 3d 590, 2014 WL 1686465, 2014 Fla. App. LEXIS 6214

District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60240380

Cited 1 times | Published

not excluded under the rule against hearsay, see § 90.802, Fla. Stat. (2012), “provided each part of the

Carter v. State

115 So. 3d 1031, 2013 WL 2420442, 2013 Fla. App. LEXIS 8862

District Court of Appeal of Florida | Filed: Jun 5, 2013 | Docket: 60232056

Cited 1 times | Published

is inadmissible except as provided by statute. § 90.802, Fla. Stat. (2010). In determining whether a prior

Massey v. State

109 So. 3d 324, 2013 WL 1136404, 2013 Fla. App. LEXIS 4409

District Court of Appeal of Florida | Filed: Mar 20, 2013 | Docket: 60229567

Cited 1 times | Published

you. Is that correct? Driver: Yes sir. . Section 90.802, Florida Statutes (2010) provides that, "[e]xcept

Diaz v. State

106 So. 3d 515, 2013 WL 466219, 2013 Fla. App. LEXIS 1999

District Court of Appeal of Florida | Filed: Feb 8, 2013 | Docket: 60228249

Cited 1 times | Published

” Generally, hearsay evidence is inadmissible. § 90.802. Here, the State introduced evidence from an unknown

Vaughan v. Broward General Medical Center

105 So. 3d 569, 2012 WL 6602797, 2012 Fla. App. LEXIS 21759

District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60227868

Cited 1 times | Published

statute, hearsay evidence is inadmissible. See § 90.802, Fla. Stat. (2011). Where no proper foundation

PIERRE-CHARLES v. State

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

when it admitted Andre's hearsay statement. See § 90.802 ("hearsay evidence is inadmissible"). In addition

Walden v. State

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

not admissible, except as provided by statute. § 90.802, Fla. Stat. (2007). Hearsay within hearsay, which

Wells v. State

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

[1]Bricker v. State, 462 So.2d 556 (Fla. 3d DCA 1985); § 90.802, Fla. Stat. (1983). The fact that the witness

Ernest D. Suggs v. State of Florida

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

McCray v. State of Florida

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

Steven Matthew Wolf v. State of Florida

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

Steven Matthew Wolf v. State of Florida

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

T. v. U. v. State of Florida

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)

BRENDAN SIGISMONDI v. STATE OF FLORIDA

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,

M. D. M. v. STATE OF FLORIDA

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

JAMES DAMASK v. LESYA RYABCHENKO

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

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

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

Ronald Lee Coleman v. State of Florida

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

Cynthia L. Jackson v. Household Finance Corporation III

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

JOHN EDWARD BROWN v. STATE OF FLORIDA

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

SHERARD ADAMS v. STATE OF FLORIDA

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

DALVON DEON LAWRENCE v. STATE OF FLORIDA

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

Gene Truman Smith v. State of Florida

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

Philip Morris USA v. Gloger

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

CRICKET KATHLEEN TOOLE v. STATE OF FLORIDA

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

BRANDON HINCK v. STATE OF FLORIDA

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

MICHAEL P. GORZYNSKI v. STATE OF FLORIDA

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

KEVIN JOSEPH v. STATE OF FLORIDA

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

KEVIN JOSEPH v. STATE OF FLORIDA

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

MARLENA KNIGHT, DEREK KNIGHT AND SARA PORTER v. G T E FEDERAL CREDIT UNION

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

Evans v. HSBC Bank, USA, National Association

223 So. 3d 1059, 2017 WL 1829484, 2017 Fla. App. LEXIS 6318

District Court of Appeal of Florida | Filed: May 5, 2017 | Docket: 6058980

Published

specifically exempted under the evidence code. § 90.802. Business records are such an exception. See §

Johnny R. Williams v. State of Florida

215 So. 3d 656, 2017 WL 1325870, 2017 Fla. App. LEXIS 4956

District Court of Appeal of Florida | Filed: Apr 11, 2017 | Docket: 4670972

Published

exception to the hearsay rule as outlined per statute. § 90.802, Fla. Stat. (2013). Hearsay evidence may not be

Alvarez-Mejia v. Bellissimo Properties, LLC

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

J.C.O. v. Department of Children & Families

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

J.L., a Child v. State of Florida

193 So. 3d 1062, 2016 WL 3268345, 2016 Fla. App. LEXIS 9269

District Court of Appeal of Florida | Filed: Jun 15, 2016 | Docket: 3078554

Published

by statute, hearsay evidence is inadmissible.” § 90.802, Fla. Stat. (2014). The State argues on appeal

Morrill v. State

184 So. 3d 541, 2015 Fla. App. LEXIS 19101, 2015 WL 9287015

District Court of Appeal of Florida | Filed: Dec 22, 2015 | Docket: 60253323

Published

is inadmissible, except as provided by statute. § 90.802, Fla. Stat. (2013). Records of regularly conducted

Risto Jovan Wyatt v. State of Florida

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

court went on to point out, however, that “section 90.802(2)(a) does not require an identical motive

Guy Mortimer v. State of Florida

District Court of Appeal of Florida | Filed: Jul 9, 2014 | Docket: 1769

Published

under a common law hearsay exception, since section 90.802 provides that hearsay evidence is inadmissible

Katrina R. Phillips v. State

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

‘penological interest’ of Florida criminal law.”); § 90.802, Fla. Stat. (2012) (“Except as provided

Hardy v. State

140 So. 3d 1016, 2014 WL 1921741, 2014 Fla. App. LEXIS 7172

District Court of Appeal of Florida | Filed: May 14, 2014 | Docket: 60241341

Published

admissible, except as provided by statute. See § 90.802, Fla. Stat. (2012). Among the exceptions listed

State v. Roberts

174 So. 3d 374, 2014 WL 1696279, 2014 Fla. App. LEXIS 6264

District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60250420

Published

is the subject of this petition. Pursuant to section 90.802, Florida Statutes (2013), hearsay evidence

Margaret A. Allen v. State of Florida

Supreme Court of Florida | Filed: Apr 17, 2014 | Docket: 57174

Published

by statute, hearsay evidence is inadmissible.” § 90.802, Fla. Stat. (2005). This Court reviews “ ‘a trial

Constant v. State

120 So. 3d 122, 2013 WL 4081079, 2013 Fla. App. LEXIS 12649

District Court of Appeal of Florida | Filed: Aug 14, 2013 | Docket: 60233892

Published

by statute, hearsay evidence is inadmissible.” § 90.802, Fla. Stat. (2010). Hearsay is “a statement, other

Dixon v. State

107 So. 3d 527, 2013 WL 614130, 2013 Fla. App. LEXIS 2791

District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60228712

Published

phone call statements were an exception to the section 90.802 rule against hearsay since they qualified as

Bartholomew v. State

101 So. 3d 888, 2012 Fla. App. LEXIS 18969, 2012 WL 5348436

District Court of Appeal of Florida | Filed: Oct 31, 2012 | Docket: 60226435

Published

exception, hearsay evidence is inadmissible. See § 90.802, Fla. Stat. (2010). Section 90.803(5), Florida

Avalons Assisted Living, LLC v. Agency for Health Care Administration

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

on to reach her conclusions on this issue. See § 90.802, Fla. Stat. (2009) ("Except as provided by statute

Wilson v. State

45 So. 3d 514, 2010 Fla. App. LEXIS 14021, 2010 WL 3655736

District Court of Appeal of Florida | Filed: Sep 22, 2010 | Docket: 60296039

Published

an exception to the rule against hearsay. See § 90.802, Fla. Stat. (2008). Finding no abuse of discretion

Ventimiglia v. TGI FRIDAYS, INC.

980 So. 2d 1087, 2007 WL 4404434

District Court of Appeal of Florida | Filed: Dec 19, 2007 | Docket: 1419998

Published

with the requisite hearsay exceptions under Fla. Stat. 90.802, including but not limited to: spontaneous

Brown v. State

707 So. 2d 849, 1998 Fla. App. LEXIS 2155, 1998 WL 88183

District Court of Appeal of Florida | Filed: Mar 4, 1998 | Docket: 64779700

Published

within a recognized exception is inadmissible. § 90.802. Moreover where, as in this instance, the out-of-court

Dollar v. State

685 So. 2d 901, 1996 Fla. App. LEXIS 12772, 1996 WL 695285

District Court of Appeal of Florida | Filed: Dec 6, 1996 | Docket: 64770161

Published

by statute, hearsay evidence is inadmissible. § 90.802, Fla.Stat. Section 90.803(18), Florida Statutes

E.C. v. State

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

Brown v. State

648 So. 2d 268, 1995 Fla. App. LEXIS 52, 1995 WL 1606

District Court of Appeal of Florida | Filed: Jan 4, 1995 | Docket: 64753255

Published

person's silence constitutes an admission under section 90.802, Florida Statutes (1993), the circumstances

Duncan v. State

583 So. 2d 439, 1991 Fla. App. LEXIS 7926, 1991 WL 152508

District Court of Appeal of Florida | Filed: Aug 14, 1991 | Docket: 64660550

Published

admissible under any exceptions to the hearsay rule. § 90.802, Fla.Stat. (1989). The hearsay statements were

T.A. v. State

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

TA v. State

553 So. 2d 1310, 1989 WL 149638

District Court of Appeal of Florida | Filed: Dec 12, 1989 | Docket: 1259200

Published

qualify as an exception to Florida's hearsay rule. § 90.802, Fla. Stat. (1987). Respondent contends that both