Florida Statute 90.805 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.805

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.

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Amendments to 90.805

Annotations, Discussions, Cases:

Cases Citing Statute 90.805

Total Results: 38

Johnson v. State

969 So. 2d 938, 2007 WL 1933048

Supreme Court of Florida | Filed: Jul 5, 2007 | Docket: 1403693

Cited 55 times | Published

falls within an exception to the hearsay rule. § 90.805, Fla. Stat. (2006). Johnson's statement to Vitale

Hill v. State

549 So. 2d 179, 1989 WL 106349

Supreme Court of Florida | Filed: Sep 14, 1989 | Docket: 1719890

Cited 19 times | Published

hearsay rule as provided in s. 90.803 or s. 90.804." § 90.805, Fla. Stat. (1985). The statement of C would be

Harris v. GAME AND FRESH WATER FISH

495 So. 2d 806, 11 Fla. L. Weekly 2053, 1986 Fla. App. LEXIS 9863

District Court of Appeal of Florida | Filed: Sep 25, 1986 | Docket: 1747138

Cited 17 times | Published

hearsay exception. Ehrhardt, Florida Evidence § 90.805, at 563 (2d ed. 1984); Van Zant v. State, 372

Smith v. State

880 So. 2d 730, 2004 WL 1175488

District Court of Appeal of Florida | Filed: May 28, 2004 | Docket: 1295016

Cited 11 times | Published

statements conformed to a hearsay exception. See § 90.805; Hill v. State, 549 So.2d 179, 181 (Fla.1989)

Carter v. State

951 So. 2d 939, 2007 WL 675354

District Court of Appeal of Florida | Filed: Mar 7, 2007 | Docket: 1682581

Cited 9 times | Published

(quoting CHARLES EHRHARDT, FLORIDA EVIDENCE *944 § 90.805, at 563 (2d ed. 1984): "For example, if a business

State v. Richards

843 So. 2d 962, 2003 WL 1916693

District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 1243910

Cited 9 times | Published

or under an applicable hearsay exception. See § 90.805, Fla. Stat. [3] In view of this revised opinion

BDO Seidman, LLP v. Banco Espirito Santo International

38 So. 3d 874, 2010 Fla. App. LEXIS 9119, 2010 WL 2507051

District Court of Appeal of Florida | Filed: Jun 23, 2010 | Docket: 1658356

Cited 8 times | Published

applicable hearsay exception. Stoll, 762 So.2d at 876; § 90.805 (2009); see also Charles W. Ehrhardt, Ehrhardt's

Love v. State

971 So. 2d 280, 2008 WL 80223

District Court of Appeal of Florida | Filed: Jan 9, 2008 | Docket: 1731987

Cited 7 times | Published

statements conforms with an exception" to the rule. § 90.805, Fla. Stat. (2006). While Love's statement to

Johnson v. DEPT. OF HEALTH & REHAB. SERV.

546 So. 2d 741, 1989 WL 72735

District Court of Appeal of Florida | Filed: Jun 30, 1989 | Docket: 1730932

Cited 6 times | Published

State, 372 So.2d 502, 503 (Fla. 1st DCA 1979), § 90.805, Fla. Stat. (1987). If evidence is to be admitted

Benjamin v. Tandem Healthcare, Inc.

93 So. 3d 1076, 2012 WL 2400880, 2012 Fla. App. LEXIS 10488

District Court of Appeal of Florida | Filed: Jun 27, 2012 | Docket: 60310426

Cited 5 times | Published

statements conform to a hearsay exception.”); see also § 90.805, Fla. Stat. (2009). If the CNA witnessed the event

Reichenberg v. Davis

846 So. 2d 1233, 2003 WL 21297232

District Court of Appeal of Florida | Filed: Jun 6, 2003 | Docket: 1301655

Cited 5 times | Published

fall within an exception to the hearsay rule. § 90.805, Fla. Stat. (2002); Harris, 495 So.2d at 809.

Henderson v. State

135 So. 3d 472, 2014 Fla. App. LEXIS 4216, 2014 WL 1133309

District Court of Appeal of Florida | Filed: Mar 21, 2014 | Docket: 60239651

Cited 4 times | Published

State, 994 So.2d 1018, 1026 (Fla.2008) (citing § 90.805, Fla. Stat. (2007)); Charles W. Ehrhardt, Ehrhardt’s

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

statements conform to a hearsay exception. See § 90.805; Smith v. State, 880 So.2d 730, 741 (Fla. 2d DCA

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

level of hearsay requiring a second exception. See § 90.805, Fla. Stat. (2015) (dealing with “[hjearsay within

Holborough v. State

103 So. 3d 221, 2012 WL 5933008, 2012 Fla. App. LEXIS 20448

District Court of Appeal of Florida | Filed: Nov 28, 2012 | Docket: 60227007

Cited 3 times | Published

said was hearsay falling under no exception. See § 90.805, Fla. Stat. (2010). The officer’s testimony was

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

qualifying under an exception of its own.[2]See § 90.805, Fla. Stat. (2007) ("Hearsay within hearsay is

Chaney v. Winn Dixie Stores, Inc.

605 So. 2d 527, 1992 WL 227763

District Court of Appeal of Florida | Filed: Sep 16, 1992 | Docket: 1702301

Cited 3 times | Published

personal knowledge, it is inadmissible under section 90.805, Florida Statutes (1989).[7] [7] We are not

Juste v. DEPT. OF HEALTH & REHAB. SERV.

520 So. 2d 69, 1988 WL 8411

District Court of Appeal of Florida | Filed: Feb 8, 1988 | Docket: 1300655

Cited 3 times | Published

2d at 809. See also Ehrhardt, Florida Evidence § 90.805 (2d ed. 1984); Van Zant v. State, 372 So.2d 502

JBJ v. State

17 So. 3d 312, 2009 WL 1586819

District Court of Appeal of Florida | Filed: Jun 9, 2009 | Docket: 1141884

Cited 2 times | Published

threat not to allow him to play with his toys. Section 90.805, Florida Statutes (2008), provides that "hearsay

Leighty v. State

981 So. 2d 484, 2008 WL 582512

District Court of Appeal of Florida | Filed: Mar 5, 2008 | Docket: 1515692

Cited 2 times | Published

conforms to an exception to the hearsay rule. See § 90.805, Fla. Stat. The deposition transcript itself would

Keyes v. Tallahassee Mem. Reg. Med. Ctr.

579 So. 2d 201, 1991 WL 60012

District Court of Appeal of Florida | Filed: Apr 22, 1991 | Docket: 1432010

Cited 2 times | Published

personal knowledge, it is inadmissible under section 90.805, Florida Statutes (1989).[7] Under the circumstances

Rivera v. Board of Trustees of the City of Tampa's General Employment Retirement Fund

189 So. 3d 207, 2016 Fla. App. LEXIS 2847, 2016 WL 746480

District Court of Appeal of Florida | Filed: Feb 26, 2016 | Docket: 3039675

Cited 1 times | Published

over objection in civil actions.' See § 90.805; Holborough v. State, 103 So.3d 22l

Tush-ee Lewis Hunter v. State of Florida

174 So. 3d 1011

District Court of Appeal of Florida | Filed: May 11, 2015 | Docket: 2656158

Cited 1 times | Published

hearsay rule as provided in s. 90.803 or s. 90.804.” § 90.805, Fla.- Stat. (2012). Hunter correctly characterizes

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

hearsay rule as provided in s. 90.803 or s. 90.804.” § 90.805, Fla. Stat. (2012). Hearsay is “a statement, other

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

971 So.2d 280, 286 (Fla. 4th DCA 2008) (quoting § 90.805, Fla. Stat. (2006)). To overcome a double hearsay

Rubrecht v. Cone Distributing, Inc.

95 So. 3d 950, 2012 WL 3235164, 2012 Fla. App. LEXIS 13354

District Court of Appeal of Florida | Filed: Aug 10, 2012 | Docket: 60311350

Cited 1 times | Published

applicable hearsay exception. Stoll, 762 So.2d at 876; § 90.805 (2009); see also Charles W. Ehrhardt, Ehrhardt’s

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

conforms with an exception to the hearsay rule." § 90.805, Fla. Stat. (2007). The record does not support

UNITED AUTOMOBILE INSURANCE COMPANY v. NB SPORTS MASSAGE AND REHAB CORP. A/A/O DAISY DEPAULA

District Court of Appeal of Florida | Filed: Jul 28, 2021 | Docket: 60088898

Published

under other exceptions to the hearsay rule. See § 90.805 (“Hearsay within hearsay is not excluded under

Noack v. State

260 So. 3d 1172

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64699959

Published

conforms with an exception to the hearsay rule[.]" § 90.805, Fla. Stat.; see also Gosciminski v. State , 994

Noack v. State

260 So. 3d 1172

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64699960

Published

conforms with an exception to the hearsay rule[.]" § 90.805, Fla. Stat.; see also Gosciminski v. State , 994

Marvin E. Noack v. State of Florida

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 8455095

Published

conforms with an exception to the hearsay rule[.]” § 90.805, Fla. Stat.; see also Gosciminski v. State, 994

ANTHONY MOSCATIELLO v. STATE OF FLORIDA

247 So. 3d 11

District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 7062005

Published

Marley and Gurino were unavailable to testify. Section 90.805, Florida Statutes, allows the admission of

Kaseta v. State

192 So. 3d 697, 2016 WL 3127523, 2016 Fla. App. LEXIS 8474

District Court of Appeal of Florida | Filed: Jun 3, 2016 | Docket: 3069706

Published

135 So.3d 472, 476 (Fla. 2d DCA 2014); see also § 90.805, Fla. Stat. (2010). Money’s alleged statement'

Hartong v. Bernhart

128 So. 3d 858, 2013 WL 6331606, 2013 Fla. App. LEXIS 19439

District Court of Appeal of Florida | Filed: Dec 6, 2013 | Docket: 60237178

Published

statements conform to a hearsay exception.” (citing § 90.805, Fla. Stat. (2005); Smith v. State, 880 So.2d

J.B.J. v. State

17 So. 3d 312, 2009 Fla. App. LEXIS 7203

District Court of Appeal of Florida | Filed: Jun 9, 2009 | Docket: 60249087

Published

threat not to allow him to play with his toys. Section 90.805, Florida Statutes (2008), provides that “hearsay

Gosciminski v. State

994 So. 2d 1018, 33 Fla. L. Weekly Supp. 810, 2008 Fla. LEXIS 1917, 2008 WL 4489264

Supreme Court of Florida | Filed: Oct 8, 2008 | Docket: 64856821

Published

exception for Joan’s statements to be admissible. See § 90.805, Fla. Stat. (2007). In reviewing the listed exceptions

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

be within an exception to be properly admitted. § 90.805. The state argues that the statements were not

Gropper v. Binder

558 So. 2d 499, 1990 Fla. App. LEXIS 1747, 1990 WL 29487

District Court of Appeal of Florida | Filed: Mar 20, 1990 | Docket: 64648858

Published

appealed. Hill v. State, 549 So.2d 179 (Fla.1989); § 90.805, Fla.Stat. (1987); § 620.615, Fla.Stat. (1985)