Florida Statute 90.806 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 90.806

Total Results: 34

Fitzpatrick v. State

900 So. 2d 495, 2005 WL 168510

Supreme Court of Florida | Filed: Apr 21, 2005 | Docket: 463018

Cited 154 times | Published

statements for impeachment purposes pursuant to section 90.806(1), Florida Statutes (2001), which provides:

Reaves v. State

639 So. 2d 1, 1994 WL 113407

Supreme Court of Florida | Filed: Apr 7, 1994 | Docket: 1310511

Cited 36 times | Published

testimony and should have been admitted pursuant to section 90.806, Florida Statutes (1991).[5] We *4 agree that

Huggins v. State

889 So. 2d 743, 2004 WL 2755802

Supreme Court of Florida | Filed: Dec 2, 2004 | Docket: 1488441

Cited 34 times | Published

and found the convictions admissible under section 90.806, Florida Statutes (2002). The court then informed

Blanton v. State

880 So. 2d 798, 2004 WL 1799760

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 442825

Cited 23 times | Published

(2003). Appellant's argument overlooks, however, section 90.806, Florida Statutes, which excepts the need for

Werley v. State

814 So. 2d 1159, 2002 WL 553394

District Court of Appeal of Florida | Filed: Apr 16, 2002 | Docket: 765396

Cited 10 times | Published

Appellant's six prior felony convictions, pursuant to section 90.806(1), Florida Statutes (2001)("When a hearsay

Kelly v. State

857 So. 2d 949, 2003 WL 22399758

District Court of Appeal of Florida | Filed: Oct 22, 2003 | Docket: 1774074

Cited 8 times | Published

convictions involving dishonesty. The state relied on section 90.806(1), saying that the convictions impeached defendant's

Reaves v. State

942 So. 2d 874, 2006 WL 2620912

Supreme Court of Florida | Filed: Sep 14, 2006 | Docket: 1737242

Cited 7 times | Published

testimony and should have been admitted pursuant to section 90.806, Florida Statutes (1991). 639 So.2d at 3. In

Llanos v. State

770 So. 2d 725, 2000 WL 1630144

District Court of Appeal of Florida | Filed: Nov 1, 2000 | Docket: 1779484

Cited 7 times | Published

credibility and possible bias may be impeached under section 90.806(1), Florida Statutes (1999).[3] *726 While

Desmond T. Kenner v. State

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

District Court of Appeal of Florida | Filed: Dec 16, 2016 | Docket: 4556763

Cited 4 times | Published

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

Mathis v. State

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

District Court of Appeal of Florida | Filed: Mar 21, 2014 | Docket: 60239654

Cited 4 times | Published

copies of the prior convictions and sentences. Section 90.806(1), Florida Statutes (2011), provides that

Thompson v. State

995 So. 2d 532, 2008 WL 2940450

District Court of Appeal of Florida | Filed: Aug 1, 2008 | Docket: 1684885

Cited 4 times | Published

that such evidence would be admissible under section 90.806(1), Florida Statutes (2006).[1] The trial court

Moore v. State

943 So. 2d 296, 2006 WL 3486812

District Court of Appeal of Florida | Filed: Dec 5, 2006 | Docket: 1526868

Cited 4 times | Published

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

Moore v. State

943 So. 2d 296, 2006 WL 3486812

District Court of Appeal of Florida | Filed: Dec 5, 2006 | Docket: 1526868

Cited 4 times | Published

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

Fisher v. State

924 So. 2d 914, 2006 WL 733932

District Court of Appeal of Florida | Filed: Mar 24, 2006 | Docket: 1419298

Cited 4 times | Published

impeachment through his prior convictions under section 90.806(1), Florida Statutes (2003). Fisher claimed

Kaczmar v. State

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

Supreme Court of Florida | Filed: Oct 4, 2012 | Docket: 60227746

Cited 3 times | Published

introducing Kaczmar’s prior felonies pursuant to section 90.806(1), Florida Statutes (2007), which provides:

State v. Hill

504 So. 2d 407

District Court of Appeal of Florida | Filed: Jan 7, 1987 | Docket: 453585

Cited 2 times | Published

statements seems to have been contemplated by section 90.806(1), Florida Statutes (1985), which provides

Gudmestad v. State

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

District Court of Appeal of Florida | Filed: Dec 7, 2016 | Docket: 4550697

Cited 1 times | Published

any statements regarding aliens. Relying on section 90,806(1), Florida Statutes (2013), the trial court

Gibson v. State

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

District Court of Appeal of Florida | Filed: Aug 17, 2016 | Docket: 60256538

Cited 1 times | Published

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

Hayes v. State

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

District Court of Appeal of Florida | Filed: Jul 11, 2012 | Docket: 60310584

Cited 1 times | Published

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

Freeman v. State

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

District Court of Appeal of Florida | Filed: Sep 13, 2011 | Docket: 2358375

Cited 1 times | Published

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

Hampton v. State

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

District Court of Appeal of Florida | Filed: Mar 25, 2009 | Docket: 390760

Cited 1 times | Published

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

Jose Diaz v. Miguel Triana Alvarez

District Court of Appeal of Florida | Filed: Dec 4, 2024 | Docket: 69435426

Published

claimed injuries resulted from another accident); § 90.806(1), Fla. Stat. (2024) (“When a hearsay statement

FERNANDEZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 16, 2024 | Docket: 68042997

Published

admitted Fernandez's prior record under section 90.806(1), Florida Statutes (2021), which provides:

Gabriel Brian Nock v. State of Florida

256 So. 3d 828

Supreme Court of Florida | Filed: Nov 1, 2018 | Docket: 8119864

Published

State is permitted to impeach a defendant under section 90.806(1), Florida Statutes (2014)-which authorizes

JAVORIS DENARD PHILLIPS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 7, 2018 | Docket: 6326625

Published

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

JAVORIS DENARD PHILLIPS v. STATE OF FLORIDA

238 So. 3d 845

District Court of Appeal of Florida | Filed: Feb 28, 2018 | Docket: 6318524

Published

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

Dontae R. Morris v. State of Florida

Supreme Court of Florida | Filed: Jan 11, 2018 | Docket: 6259326

Published

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

Dontae Morris v. State of Florida

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

Supreme Court of Florida | Filed: Apr 27, 2017 | Docket: 5813562

Published

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

Nock v. State

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

District Court of Appeal of Florida | Filed: Feb 15, 2017 | Docket: 60262579

Published

defense cross-examined the detective, then section 90.806(1), Florida Statutes (2014), allowed the State

Foster v. State

182 So. 3d 3, 2015 Fla. App. LEXIS 14443, 40 Fla. L. Weekly Fed. D 2205

District Court of Appeal of Florida | Filed: Sep 30, 2015 | Docket: 2863176

Published

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

Ray v. State

933 So. 2d 716, 2006 Fla. App. LEXIS 12402, 2006 WL 2057278

District Court of Appeal of Florida | Filed: Jul 26, 2006 | Docket: 64845749

Published

convicted. Such evidence is admissible under section 90.806(1), Florida Statutes (2004), and “should be

Jackson v. State

832 So. 2d 885, 2002 Fla. App. LEXIS 18585, 2002 WL 31828213

District Court of Appeal of Florida | Filed: Dec 18, 2002 | Docket: 64819512

Published

with his prior felony convictions pursuant to section 90.806, Florida Statutes. Immediately thereafter,

Thomas v. State

778 So. 2d 482, 2001 Fla. App. LEXIS 1853, 2001 WL 167012

District Court of Appeal of Florida | Filed: Feb 21, 2001 | Docket: 64803794

Published

drinking, citing section 90.806(1), Florida Statutes (1999). We find nothing in section 90.806(1) which would

Alexander v. Bird Road Ranch & Stables, Inc.

599 So. 2d 229, 1992 Fla. App. LEXIS 5360, 1992 WL 104641

District Court of Appeal of Florida | Filed: May 19, 1992 | Docket: 64667540

Published

T. v. State, 448 So.2d 613 (Fla. 3d DCA 1984); § 90.806(1), Fla.Stat. (1989). We disagree. The owner’s