Florida Statute 90.806 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.806

90.806 Attacking and supporting credibility of declarant.—

(1) When a hearsay statement has been admitted in evidence, credibility of the declarant may be attacked and, if attacked, may be supported by any evidence that would be admissible for those purposes if the declarant had testified as a witness. Evidence of a statement or conduct by the declarant at any time inconsistent with the declarant’s hearsay statement is admissible, regardless of whether or not the declarant has been afforded an opportunity to deny or explain it.

(2) If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party is entitled to examine the declarant on the statement as if under cross-examination.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 500, ch. 95-147.

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Amendments to 90.806

Arrestable Offenses / Crimes under Fla. Stat. 90.806

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.806.

Annotations, Discussions, Cases:

Cases Citing Statute 90.806

Total Results: 20

FERNANDEZ v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-16T00:00:00-07:00

Snippet: admitted Fernandez's prior record under section 90.806(1), Florida Statutes (2021), which provides: …not meet the threshold requirement under section 90.806(1) that a hearsay statement be admitted. See Pitts… As nonhearsay, they did not fall under section 90.806(1), and it was an abuse of discretion for the court…attack Gudmestad's credibility under section 90.806(1)."). "When a trial court erroneously

Gabriel Brian Nock v. State of Florida

Court: Fla. | Date Filed: 2018-11-01T00:00:00-07:00

Citation: 256 So. 3d 828

Snippet: permitted to impeach a defendant under section 90.806(1), Florida Statutes (2014)-which authorizes attacking…defendant is subject to impeachment under section 90.806(1) whenever the defendant introduces through cross-examination…defense cross-examined the detective, then section 90.806(1), Florida Statutes (2014), allowed the State …his prior felony convictions" under section 90.806(1). Id. The Fourth District rejected…placing his credibility in issue [under section 90.806(1) ]." Id. However, the Fourth

JAVORIS DENARD PHILLIPS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-06T23:53:00-08:00

Snippet: statement by appellant’s nine felony convictions. See § 90.806(1), Fla. Stat. (2017); Gonzalez v. State, 948 So

JAVORIS DENARD PHILLIPS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-27T23:53:00-08:00

Snippet: statement by appellant’s nine felony convictions. See § 90.806(1), Fla. Stat. (2017); Gonzalez v. State, 948 So

Dontae R. Morris v. State of Florida

Court: Fla. | Date Filed: 2018-01-10T23:53:00-08:00

Snippet: statement and impeach his admission. See § 90.806(1), Fla. Stat. Specifically, the testimony Morris

Dontae Morris v. State of Florida

Court: Fla. | Date Filed: 2017-04-27T00:00:00-07:00

Citation: 219 So. 3d 33, 42 Fla. L. Weekly Supp. 502, 2017 WL 1506853, 2017 Fla. LEXIS 929

Snippet: his statement and impeach his admission. See § 90.806(1), Fla. Stat. Specifically, the testimony Morris

Nock v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-02-15T00:00:00-08:00

Citation: 211 So. 3d 321, 2017 WL 626094, 2017 Fla. App. LEXIS 2052

Snippet: defense cross-examined the detective, then section 90.806(1), Florida Statutes (2014), allowed the State … the rule of completeness inapplicable. Section 90.806(1), Florida Statutes (2014), provides: When a hearsay…by Foster. But, Foster runs contrary to section 90.806(1) and our prec*325edent. See, e.g., Kelly v. State…door to impeachment with prior felonies under § 90,806. Kaczmar, 104 So.3d at 1001. In response to the

Desmond T. Kenner v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-16T00:00:00-08:00

Citation: 208 So. 3d 271, 2016 Fla. App. LEXIS 18444

Snippet: if the declarant had testified as a witness.” § 90.806(1), Fla, Stat. (2016). One method of attacking

Gudmestad v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-07T00:00:00-08:00

Citation: 209 So. 3d 602, 2016 Fla. App. LEXIS 17987

Snippet: statements regarding aliens. Relying on section 90,806(1), Florida Statutes (2013), the trial court granted….3d 1274, 1279 (Fla. 2d DCA 2009)). Section 90.806(1) provides: “When a hearsay statement has been…to attack Gudmestad’s credibility under section 90.806(1). When a trial court erroneously admits

Gibson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-17T00:00:00-07:00

Citation: 199 So. 3d 1063, 2016 Fla. App. LEXIS 12452, 2016 WL 4380326

Snippet: his prior felony convictions pursuant to section 90.806, Florida Statutes, there was no longer a reason

Foster v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-09-30T00:00:00-07:00

Citation: 182 So. 3d 3, 2015 Fla. App. LEXIS 14443

Snippet: Foster’s convictions into evidence under section 90.806(1), Florida Statutes (2013), which allows for the

Bank of New York v. Andrew Calloway

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-07T00:00:00-08:00

Citation: 157 So. 3d 1064, 2015 Fla. App. LEXIS 162, 2015 WL 71816

Snippet: satisfied the business records requirements under 90.806(6), and demonstrated knowledge of the accuracy

Mathis v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-03-21T00:00:00-07:00

Citation: 135 So. 3d 484, 2014 WL 1133321, 2014 Fla. App. LEXIS 4219

Snippet: of the prior convictions and sentences. Section 90.806(1), Florida Statutes (2011), provides that “[wjhen…), the Florida Supreme Court held that “section 90.806 permits the introduction of a defendant’s felony

Kaczmar v. State

Court: Fla. | Date Filed: 2012-10-04T00:00:00-07:00

Citation: 104 So. 3d 990, 2012 WL 4665829, 2012 Fla. LEXIS 1922

Snippet: introducing Kaczmar’s prior felonies pursuant to section 90.806(1), Florida Statutes (2007), which provides: When…296, 297 (Fla. 1st DCA 2006), pursuant to section 90.806(1), once a defendant introduces his or her hearsay…4th DCA 2003) (finding that pursuant to section 90.806(1), such generally inadmissible evidence of the

Hayes v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-07-11T00:00:00-07:00

Citation: 93 So. 3d 427, 2012 WL 2814049, 2012 Fla. App. LEXIS 11274

Snippet: statement regardless of the punishment....”); § 90.806(1), Fla.Stat. (providing that a hearsay declarant

Freeman v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-13T00:00:00-07:00

Citation: 74 So. 3d 123, 2011 Fla. App. LEXIS 14371, 2011 WL 4031529

Snippet: could be used to impeach in-court testimony. § 90.806(1), Fla. Stat. See § 90.610(1), Fla. Stat. (permitting

Hampton v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-03-25T00:00:00-07:00

Citation: 4 So. 3d 789, 2009 Fla. App. LEXIS 2500, 2009 WL 763497

Snippet: in his trial for felony battery. Under section 90.806(1), Florida Statutes, the state was allowed to

Thompson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-08-01T00:53:00-07:00

Citation: 995 So. 2d 532

Snippet: such evidence would be admissible under section 90.806(1), Florida Statutes (2006).[1] The trial court…. SILBERMAN and CANADY, JJ., Concur. NOTES [1] 90.806. Attacking and supporting credibility of declarant

Moore v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-01-01T23:53:00-08:00

Citation: 994 So. 2d 1127

Snippet: crimes or convictions. Moore argues that subsection 90.806(1) of the Florida Statutes permitted him to attack

Moore v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-12-04T23:53:00-08:00

Citation: 943 So. 2d 296

Snippet: the declarant had testified as a witness. See § 90.806(1), Fla. Stat. (2005); see also Kelly v. State,