Florida Statute 92.565 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS

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F.S. 92.565

92.565 Admissibility of confession in sexual abuse cases.—

(1) As used in this section, the term “sexual abuse” means an act of a sexual nature or sexual act that may be prosecuted under any law of this state, including those offenses specifically designated in subsection (2).

(2) In any criminal action in which the defendant is charged with a crime against a victim under s. 787.06(3), involving commercial sexual activity, or (5); s. 794.011; s. 794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual abuse; s. 827.04, involving sexual abuse; s. 827.071; or s. 847.0135(5), or any other crime involving sexual abuse of another, or with any attempt, solicitation, or conspiracy to commit any of these crimes, the defendant’s memorialized confession or admission is admissible during trial without the state having to prove a corpus delicti of the crime if the court finds in a hearing conducted outside the presence of the jury that the state is unable to show the existence of each element of the crime, and having so found, further finds that the defendant’s confession or admission is trustworthy. Factors which may be relevant in determining whether the state is unable to show the existence of each element of the crime include, but are not limited to, the fact that, at the time the crime was committed, the victim was:

(a) Physically helpless, mentally incapacitated, or mentally defective, as those terms are defined in s. 794.011;

(b) Physically incapacitated due to age, infirmity, or any other cause; or

(3) Before the court admits the defendant’s confession or admission, the state must prove by a preponderance of evidence that there is sufficient corroborating evidence that tends to establish the trustworthiness of the statement by the defendant. Hearsay evidence is admissible during the presentation of evidence at the hearing. In making its determination, the court may consider all relevant corroborating evidence, including the defendant’s statements.

(4) The court shall make specific findings of fact, on the record, for the basis of its ruling.

History.—s. 1, ch. 2000-204; s. 10, ch. 2008-172; s. 2, ch. 2017-23; s. 1, ch. 2025-156.

F.S. 92.565 on Google Scholar

F.S. 92.565 on CourtListener

Amendments to 92.565

Annotations, Discussions, Cases:

Cases Citing Statute 92.565

Total Results: 24

Tanzi v. State

964 So. 2d 106, 2007 WL 1362862

Supreme Court of Florida | Filed: May 10, 2007 | Docket: 1268266

Cited 37 times | Published

court failed to follow the requirements of section 92.565, Florida Statutes (2002), when admitting Tanzi's

Hernandez v. State

946 So. 2d 1270, 2007 WL 188417

District Court of Appeal of Florida | Filed: Jan 26, 2007 | Docket: 1770987

Cited 26 times | Published

Hernandez's confession into evidence under section 92.565, Florida Statutes (2004), because it failed

Bradley v. State

918 So. 2d 337, 2005 WL 3327530

District Court of Appeal of Florida | Filed: Dec 9, 2005 | Docket: 1715188

Cited 10 times | Published

the confession was properly admitted under section 92.565, Florida Statutes, which creates an exception

State v. Dionne

814 So. 2d 1087, 2002 WL 396766

District Court of Appeal of Florida | Filed: Mar 15, 2002 | Docket: 418984

Cited 10 times | Published

[1] The trial court held that application of section 92.565, Florida Statutes (2000), which was enacted

State v. Hobbs

974 So. 2d 1119, 2008 WL 160928

District Court of Appeal of Florida | Filed: Jan 18, 2008 | Docket: 1717706

Cited 9 times | Published

admissibility of Appellee's confession pursuant to section 92.565, Florida Statutes (2007), which eliminates

Geiger v. State

907 So. 2d 668, 2005 WL 1788893

District Court of Appeal of Florida | Filed: Jul 29, 2005 | Docket: 1513021

Cited 8 times | Published

motion challenging the constitutionality of section 92.565, Florida Statutes (2003), which addresses the

Williams v. State

901 So. 2d 357, 2005 WL 1047241

District Court of Appeal of Florida | Filed: May 6, 2005 | Docket: 1215968

Cited 5 times | Published

Concur. NOTES [1] The parties did not discuss section 92.565, Florida Statutes (2003), which permits a defendant's

BP v. State

815 So. 2d 728, 2002 WL 726650

District Court of Appeal of Florida | Filed: Apr 26, 2002 | Docket: 1277813

Cited 4 times | Published

received. Even so, the court recognized that under section 92.565, Florida Statutes, it is no longer necessary

Hobbs v. State

999 So. 2d 1025, 2008 WL 5333794

Supreme Court of Florida | Filed: Dec 23, 2008 | Docket: 465212

Cited 3 times | Published

admitting a defendant's statement pursuant to section 92.565, Florida Statutes, a victim's recantation is

Kelly v. State

946 So. 2d 591, 2006 WL 3740613

District Court of Appeal of Florida | Filed: Dec 21, 2006 | Docket: 1771542

Cited 3 times | Published

Appellant's confession into evidence pursuant to section 92.565(2), Florida Statutes (2005). We agree with

State v. Tumlinson

224 So. 3d 766, 2016 Fla. App. LEXIS 17231, 2016 WL 6810975

District Court of Appeal of Florida | Filed: Nov 18, 2016 | Docket: 4540925

Cited 2 times | Published

no application here! A proper application of section 92.565 and our holding in Geiger compels reversal

Allen v. State

70 So. 3d 700, 2011 Fla. App. LEXIS 14106, 2011 WL 3903163

District Court of Appeal of Florida | Filed: Sep 7, 2011 | Docket: 2357670

Cited 2 times | Published

admitted into evidence at trial pursuant to section 92.565, Florida Statutes, despite the fact that the

Peterson v. State

810 So. 2d 1095, 2002 WL 440246

District Court of Appeal of Florida | Filed: Mar 22, 2002 | Docket: 1223877

Cited 2 times | Published

that his confession was not admissible under section 92.565, a relatively new statute effective June 5

Florida Power & Light Co. v. Florida Public Service Commission

31 So. 3d 860, 30 I.E.R. Cas. (BNA) 805, 2010 Fla. App. LEXIS 2528, 2010 WL 728211

District Court of Appeal of Florida | Filed: Mar 3, 2010 | Docket: 1647707

Cited 1 times | Published

instructive. The Fifth District in Hobbs construed section 92.565, Florida Statutes, which eliminates the corpus

State v. Lena

819 So. 2d 919, 2002 Fla. App. LEXIS 8557, 2002 WL 1332627

District Court of Appeal of Florida | Filed: Jun 19, 2002 | Docket: 64816105

Cited 1 times | Published

Florida, appeals the trial court’s reliance on section 92.565, Florida Statutes (2000), to grant the defense’s

State of Florida v. Young

District Court of Appeal of Florida | Filed: Apr 2, 2025 | Docket: 69834589

Published

that it had failed to meet its burden under section 92.565, Florida Statutes (2023), as interpreted by

STATE OF FLORIDA v. MARCUS NATHAN JACKSON

District Court of Appeal of Florida | Filed: Apr 12, 2024 | Docket: 68062027

Published

confession into evidence at trial pursuant to section 92.565, Florida Statutes (2021). I respectfully dissent

Ramirez v. State

133 So. 3d 648, 2014 WL 996524, 2014 Fla. App. LEXIS 3604

District Court of Appeal of Florida | Filed: Mar 14, 2014 | Docket: 60238866

Published

the confession was trustworthy as required by section 92.565, Florida Statutes; and (2) whether his dual

Kittrell v. State

125 So. 3d 1027, 2013 Fla. App. LEXIS 11367, 2013 WL 3761543

District Court of Appeal of Florida | Filed: Jul 19, 2013 | Docket: 60235637

Published

made to introduce the confession pursuant to section 92.565, Florida Statutes (2011).

Butler v. State

972 So. 2d 1089, 2008 WL 195108

District Court of Appeal of Florida | Filed: Jan 25, 2008 | Docket: 2576705

Published

find that the trial court properly applied section 92.565, Florida Statutes (2006), in permitting the

N.C. v. State

947 So. 2d 1201, 2007 Fla. App. LEXIS 821, 2007 WL 173886

District Court of Appeal of Florida | Filed: Jan 25, 2007 | Docket: 64848774

Published

Appellant’s confession into evidence under section 92.565, Florida Statutes (2005), and does not assert

Brueckman v. State

867 So. 2d 612, 2004 Fla. App. LEXIS 2683, 2004 WL 402407

District Court of Appeal of Florida | Filed: Mar 5, 2004 | Docket: 64828663

Published

(2001), and by admitting his confession under section 92.565, Florida Statutes (2001). We also affirm Brueckman’s

State v. Harrington

838 So. 2d 1230, 2003 Fla. App. LEXIS 2856, 2003 WL 825177

District Court of Appeal of Florida | Filed: Mar 7, 2003 | Docket: 64821049

Published

even if those testimonies were insufficient, section 92.565 has eliminated corpus delicti as a predicate

B.P. v. State

815 So. 2d 728, 2002 Fla. App. LEXIS 5521

District Court of Appeal of Florida | Filed: Apr 26, 2002 | Docket: 64814859

Published

received. Even so, the court recognized that under section 92.565, Florida Statutes, it is no longer necessary