90.805

Hearsay within hearsay.

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90.805 Hearsay within hearsay.—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. 90.803 or s. 90.804.

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 36 cases (2 in the last 5 years), 1986–2025 · leading case: Benjamin v. Tandem Healthcare, Inc.

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Benjamin v. Tandem Healthcare, Inc. (2012) fladistctapp · cites it 5× “Section 90.805, Florida Statutes (2009) provides: "Hearsay within hearsay is not excluded under s.”

Harris v. GAME AND FRESH WATER FISH (1986) fladistctapp · cites it 3× “Section 90.805, Florida Statutes (1983) restates the general rule and provides that hearsay within hearsay, i.”

Thomas v. State (2008) fladistctapp · cites it 4× “[2] See § 90.805, Fla. Stat. (2007) ("Hearsay within hearsay is not excluded under s.”

Hill v. State (1989) fla · cites it 2× “" § 90.805, Fla. Stat. (1985). The statement of C would be admissible as an exception to the hearsay rule under section 90.”

State v. Richards (2003) fladistctapp · cites it 2× “See § 90.805, Fla. Stat. [3] In view of this revised opinion, the defendant's motion for rehearing is denied.”

Gosciminski v. State (2008) fla · cites it 2× “Moreover, Joan’s statements constitute hearsay within hearsay because Joan made her statements about Gosciminski noticing her jewelry to her sister and husband, who then told the detectives, and then Detective Hickox used those statements to question Gosciminski during the…”

Henderson v. State (2014) fladistctapp · cites it 2× “2008) (citing § 90.805, Fla. Stat. (2007)); Charles W. Ehrhardt, Ehrhardt’s Florida Evidence, § 805.”

Leighty v. State (2008) fladistctapp · cites it 2× “See § 90.805, Fla. Stat. The deposition transcript itself would have to qualify under the former testimony exception to hearsay.”

Smith v. State (2004) fladistctapp “See § 90.805; Hill v. State, 549 So.2d 179, 181 (Fla.”

Holborough v. State (2012) fladistctapp · cites it 2× “See § 90.805, Fla. Stat. (2010). The officer’s testimony was offered for the truth of the matter asserted on the ID — that the photograph of the victim depicted on the license was Andrea Berube.”

Johnson v. DEPT. OF HEALTH & REHAB. SERV. (1989) fladistctapp · cites it 2× “1st DCA 1979), § 90.805, Fla. Stat. (1987). If evidence is to be admitted under one of the exceptions to the hearsay rule, it must be offered in strict compliance with the requirements of the particular exception.”

Tush-ee Lewis Hunter v. State of Florida (2015) fladistctapp · cites it 3× “” § 90.805, Fla. Stat. (2012). Hunter correctly characterizes those of Mr.”

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