Florida Statutes

Fla. Stat. § 90.805 (2025)

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., 93 So. 3d 1076 (Fla. 4th DCA 2012).

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Benjamin v. Tandem Healthcare, Inc., 93 So. 3d 1076 (Fla. 4th DCA 2012). · cites it 5× “Section 90.805, Florida Statutes (2009) provides: "Hearsay within hearsay is not excluded under s.”

Harris v. Game & Fresh Water Fish, 495 So. 2d 806 (Fla. 1st DCA 1986). · cites it 3× “Section 90.805, Florida Statutes (1983) restates the general rule and provides that hearsay within hearsay, i.”

Thomas v. State, 993 So. 2d 105 (Fla. 1st DCA 2008). · cites it 4× “[2] See § 90.805, Fla. Stat. (2007) ("Hearsay within hearsay is not excluded under s.”

Hill v. State, 549 So. 2d 179 (Fla. 1989). · 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, 843 So. 2d 962 (Fla. 3d DCA 2003). · 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, 994 So. 2d 1018 (Fla. 2008). · 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, 135 So. 3d 472 (Fla. 2d DCA 2014). · cites it 2× “2008) (citing § 90.805, Fla. Stat. (2007)); Charles W. Ehrhardt, Ehrhardt’s Florida Evidence, § 805.”

Leighty v. State, 981 So. 2d 484 (Fla. 4th DCA 2008). · 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, 880 So. 2d 730 (Fla. 2d DCA 2004). “See § 90.805; Hill v. State, 549 So.2d 179, 181 (Fla.”

Holborough v. State, 103 So. 3d 221 (Fla. 4th DCA 2012). · 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., 546 So. 2d 741 (Fla. 1st DCA 1989). · 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, 174 So. 3d 1011 (Fla. 1st DCA 2015). · cites it 3× “” § 90.805, Fla. Stat. (2012). Hunter correctly characterizes those of Mr.”

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