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Florida Statute 90.806 | Lawyer Caselaw & Research
F.S. 90.806 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 90.806

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
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.

F.S. 90.806 on Google Scholar

F.S. 90.806 on Casetext

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 from cite.case.law:

NOCK, v. STATE, 256 So. 3d 828 (Fla. 2018)

. . . the defendant's statement and (2) whether the State is permitted to impeach a defendant under section 90.806 . . . We also hold that a defendant is subject to impeachment under section 90.806(1) whenever the defendant . . . However, the Fourth District concluded that Foster is contrary to section 90.806(1), precedent of the . . . In support of its holding, this Court specifically acknowledged that "pursuant to section 90.806(1), . . . Section 90.806(1) has not been altered since this Court decided Kaczmar . . . .

PHILLIPS, v. STATE, 238 So. 3d 845 (Fla. App. Ct. 2018)

. . . See § 90.806(1), Fla. Stat. (2017) ; Gonzalez v. State , 948 So.2d 877, 878 (Fla. 4th DCA 2007). . . .

R. MORRIS, v. STATE, 233 So. 3d 438 (Fla. 2018)

. . . See § 90.806(1), Fla. Stat. . . .

MORRIS, v. STATE, 219 So. 3d 33 (Fla. 2017)

. . . See § 90.806(1), Fla. Stat. . . .

NOCK, v. STATE, 211 So. 3d 321 (Fla. Dist. Ct. App. 2017)

. . . portions of the statements were elicited when the defense cross-examined the detective, then section 90.806 . . . Section 90.806(1), Florida Statutes (2014), provides: When a hearsay statement has been admitted in evidence . . . But, Foster runs contrary to section 90.806(1) and our precedent. See, e.g., Kelly v. . . .

T. KENNER, v. STATE, 208 So. 3d 271 (Fla. Dist. Ct. App. 2016)

. . . .” § 90.806(1), Fla, Stat. (2016). . . .

GUDMESTAD, v. STATE, 209 So. 3d 602 (Fla. Dist. Ct. App. 2016)

. . . Section 90.806(1) provides: “When a hearsay statement has been admitted in evidence, credibility of the . . . statements, the trial court erred by allowing the State to attack Gudmestad’s credibility under section 90.806 . . .

GIBSON, v. STATE, 199 So. 3d 1063 (Fla. Dist. Ct. App. 2016)

. . . court ruled that the defendant could be impeached with his prior felony convictions pursuant to section 90.806 . . .

FOSTER, v. STATE, 182 So. 3d 3 (Fla. Dist. Ct. App. 2015)

. . . defense objection, admitted the certified copies of Foster’s convictions into evidence under section 90.806 . . .

BANK OF NEW YORK, v. CALLOWAY,, 157 So. 3d 1064 (Fla. Dist. Ct. App. 2015)

. . . litigation in so ruling; however, because Knowles satisfied the business records requirements under 90.806 . . .

MATHIS, v. STATE, 135 So. 3d 484 (Fla. Dist. Ct. App. 2014)

. . . Section 90.806(1), Florida Statutes (2011), provides that “[wjhen a hearsay statement has been admitted . . . State, 889 So.2d 743, 755-56 (Fla.2004), the Florida Supreme Court held that “section 90.806 permits . . .

KACZMAR, III, v. STATE Of, 104 So. 3d 990 (Fla. 2012)

. . . door to impeachment of those statements by introducing Kaczmar’s prior felonies pursuant to section 90.806 . . . State, 943 So.2d 296, 297 (Fla. 1st DCA 2006), pursuant to section 90.806(1), once a defendant introduces . . . State, 857 So.2d 949, 949-50 (Fla. 4th DCA 2003) (finding that pursuant to section 90.806(1), such generally . . .

HAYES, v. STATE, 93 So. 3d 427 (Fla. Dist. Ct. App. 2012)

. . . .”); § 90.806(1), Fla.Stat. . . .

FREEMAN, v. STATE, 74 So. 3d 123 (Fla. Dist. Ct. App. 2011)

. . . . § 90.806(1), Fla. Stat. See § 90.610(1), Fla. Stat. . . .

HAMPTON, v. STATE, 4 So. 3d 789 (Fla. Dist. Ct. App. 2009)

. . . Under section 90.806(1), Florida Statutes, the state was allowed to introduce appellant’s prior convictions . . .

THOMPSON, v. STATE, 995 So. 2d 532 (Fla. Dist. Ct. App. 2008)

. . . this issue at trial, and the trial court ruled that such evidence would be admissible under section 90.806 . . . SILBERMAN and CANADY, JJ., Concur. . 90.806. . . .

MOORE, v. STATE, 994 So. 2d 1127 (Fla. Dist. Ct. App. 2008)

. . . Moore argues that subsection 90.806(1) of the Florida Statutes permitted him to attack the credibility . . .

MOORE, v. STATE, 943 So. 2d 296 (Fla. Dist. Ct. App. 2006)

. . . See § 90.806(1), Fla. Stat. (2005); see also Kelly v. . . .

REAVES, v. STATE, 942 So. 2d 874 (Fla. 2006)

. . . testimony were inconsistent with his 1987 trial testimony and should have been admitted pursuant to section 90.806 . . .

RAY, v. STATE, 933 So. 2d 716 (Fla. Dist. Ct. App. 2006)

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

FISHER, Jr. v. STATE, 924 So. 2d 914 (Fla. Dist. Ct. App. 2006)

. . . evidence of Fisher’s alibi and opened the door to impeachment through his prior convictions under section 90.806 . . . The court admitted evidence of Fisher’s prior felony conviction under section 90.806(1), Florida Statutes . . .

FITZPATRICK, v. STATE, 900 So. 2d 495 (Fla. 2005)

. . . Further, the trial court properly admitted the statements for impeachment purposes pursuant to section 90.806 . . . by the declarant ... inconsistent with the declarant’s hearsay statement,” which pursuant to section 90.806 . . .

HUGGINS, v. STATE, 889 So. 2d 743 (Fla. 2004)

. . . told him, which would be necessary for impeachment of Huggins as a hearsay declarant under section 90.806 . . . 90.403, I nonetheless question whether the admission of Huggins’ prior record is authorized by section 90.806 . . . Section 90.806(1) provides that the credibility of a hearsay declarant “may be attacked ... by any evidence . . . However, section 90.806(1), which governs impeachment of hearsay de-clarants rather than witnesses, authorizes . . . The court reviewed the trial transcript and found the convictions admissible under section 90.806, Florida . . . The trial court admitted the fact of Huggins’ convictions on the basis of section 90.806(1), Florida . . . ruling was made in accordance with First and Fourth District Court of Appeal holdings that section 90.806 . . . Under section 90.806(1), a hearsay declarant is treated as a “witness” and his or her credibility may . . . Thus, pursuant to section 90.806, as properly construed in Llanos, Werley, and Kelly, Huggins opened . . .

L. BLANTON, v. STATE, 880 So. 2d 798 (Fla. Dist. Ct. App. 2004)

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

SMITH, v. STATE, 880 So. 2d 730 (Fla. Dist. Ct. App. 2004)

. . . See § 90.806; Hill v. State, 549 So.2d 179, 181 (Fla.1989). That was not the case here. . . .

KELLY, v. STATE, 857 So. 2d 949 (Fla. Dist. Ct. App. 2003)

. . . The state relied on section 90.806(1), saying that the convictions impeached defendant’s credibility . . . We agree with the state that it was proper to admit the convictions under section 90.806. . . . Section 90.806(1) provides: “When a hearsay statement has been admitted in evidence, credibility of the . . . We previously confronted similar impeachment of a defendant’s pretrial statements under section 90.806 . . . Section 90.806 allows this specific use of such impeachment evidence. See 5 Jack B. . . .

A. JACKSON, v. STATE, 832 So. 2d 885 (Fla. Dist. Ct. App. 2002)

. . . court ruled that the defendant could be impeached with his prior felony convictions pursuant to section 90.806 . . .

WERLEY, v. STATE, 814 So. 2d 1159 (Fla. Dist. Ct. App. 2002)

. . . trial court allowed the admission of Appellant’s six prior felony convictions, pursuant to section 90.806 . . . State, 770 So.2d 725 (Fla. 4th DCA 2000)(ruling that, pursuant to § 90.806, trial court properly took . . .

THOMAS, v. STATE, 778 So. 2d 482 (Fla. Dist. Ct. App. 2001)

. . . order to impeach appellant’s statement to the officer that he had not been drinking, citing section 90.806 . . . We find nothing in section 90.806(1) which would authorize the officer to testify as to what the passenger . . . Section 90.806(1) provides that where a hearsay statement is admitted into evidence, the credibility . . .

J. LLANOS, v. STATE, 770 So. 2d 725 (Fla. Dist. Ct. App. 2000)

. . . Florida Statutes (1999), the declarant’s credibility and possible bias may be impeached under section 90.806 . . . Accordingly, we affirm the trial court’s ruling under section 90.806, Florida Statutes (1999). . . . convicted, or if the crime involved dishonesty or a false statement regardless of the punishment. . .. .90.806 . . . R.Evid. 806 which is almost identical to section 90.806, Florida Statutes (1999)). . . .

REAVES, v. STATE, 639 So. 2d 1 (Fla. 1994)

. . . , were inconsistent with his 1987 trial testimony and should have been admitted pursuant to section 90.806 . . . Section 90.806, Florida Statutes (1991), provides: (1) When a hearsay statement has been admitted in . . .

ALEXANDER, v. BIRD ROAD RANCH STABLES, INC. a a A. a a, 599 So. 2d 229 (Fla. Dist. Ct. App. 1992)

. . . State, 448 So.2d 613 (Fla. 3d DCA 1984); § 90.806(1), Fla.Stat. (1989). We disagree. . . .

STATE v. HILL,, 504 So. 2d 407 (Fla. Dist. Ct. App. 1987)

. . . hearing by evidence of subsequent contradictory statements seems to have been contemplated by section 90.806 . . . Munson’s former trial testimony, that Hill may introduce evidence of the post-trial recantation. § 90.806 . . .

A. T. a v. STATE, 448 So. 2d 613 (Fla. Dist. Ct. App. 1984)

. . . .-803 and 90.806 Florida Statutes (1983). . . .