Florida Statutes
Fla. Stat. § 92.33 (2025)
Written statement concerning injury to person or property; furnishing copies; admission as evidence.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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92.33 Written statement concerning injury to person or property; furnishing copies; admission as evidence.—Every person who shall take a written statement by any injured person with respect to any accident or with respect to any injury to person or property shall, at the time of taking such statement, furnish to the person making such statement a true and complete copy thereof. Any person having taken, or having possession of any written statement or a copy of such statement, by any injured person with respect to any accident or with respect to any injury to person or property shall, at the request of the person who made such statement or his or her personal representative, furnish the person who made such statement or his or her personal representative a true and complete copy thereof. No written statement by an injured person shall be admissible in evidence or otherwise used in any manner in any civil action relating to the subject matter thereof unless it shall be made to appear that a true and complete copy thereof was furnished to the person making such statement at the time of the making thereof, or, if it shall be made to appear that thereafter a person having possession of such statement refused, upon request of the person who made the statement or his or her personal representatives, to furnish him or her a true and complete copy thereof.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 1960–2025 · leading case: Fendrick v. Faeges, 117 So. 2d 858 (Fla. 3d DCA 1960).
Fendrick v. Faeges, 117 So. 2d 858 (Fla. 3d DCA 1960). “When the statement was offered by counsel for the Southern Bell Telephone & Telegraph Company, co-defendant, and its admission denied, there was no showing that a copy was given to-the plaintiff as required by § 92.33, Fla. Stat., F.S.A. Clearly, this statute makes-inadmissible…”
Phelps v. Comm'r, 62 T.C. 513 (Tax Ct. 1974). “1961); see also Note, Developments in the Law -- Discovery , 74 Harv.”
Universal X Rays Corp., A/A/O Miguel Larosa-Ferrer v. United Auto. Ins. Co. (Fla. 3d DCA 2025). “” § 92.33, Fla. Stat. (2025). The statute further explains that such a written statement is inadmissible if a copy 8 was not provided to the declarant at the time it was made or if a copy was not provided when requested: No written statement by an injured person shall be…”
Winn-dixie Stores, Inc. v. Miriam Mercedes Lopez (Fla. 3d DCA 2021). “A review of the document reveals neither a written statement signed or otherwise adopted or approved by the person making it, nor a stenographic, mechanical, electrical, or otherwise recorded oral statement or transcription of such an 1 See also Fla. Stat. § 92.33 (“[a]ny person…”
Pawlendzio v. Senco Prods., Inc., 610 So. 2d 734 (Fla. 5th DCA 1992). “Pawlendzio’s objection to the use of the statement was that he was not furnished with a copy of it at the time he made the statement pursuant to section 92.33, Florida Statutes (1987), which provides in part: 92.”
Greyhound Corp. v. Clark, 347 So. 2d 732 (Fla. 4th DCA 1977). “To the extent that any portion of the order granting new trial was based upon the court’s reasoning regarding the applicability of section 92.33, Florida Statutes (1975), such portion may be deemed to be surplusage.”
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