Fla. Stat. § 90.101
Short title
This chapter shall be known and may be cited as the “Florida Evidence Code.”
Florida Statutes Chapter 90 — EVIDENCE CODE
Florida · statute · Fla. Stat. ch. 90 · 88 active provisions
Fla. Stat. § 90.102
Construction
This chapter shall replace and supersede existing statutory or common law in conflict with its provisions.
Fla. Stat. § 90.103
Scope; applicability
(1) Unless otherwise provided by statute, this code applies to the same proceedings that the general law of evidence applied to before the effective date of this code.(2) This act shall apply to criminal proceedings related to crimes committed after the effective date of this code and to civil actions and all other pro…
Fla. Stat. § 90.104
Rulings on evidence
(1) A court may predicate error, set aside or reverse a judgment, or grant a new trial on the basis of admitted or excluded evidence when a substantial right of the party is adversely affected and:(a) When the ruling is one admitting evidence, a timely objection or motion to strike appears on the record, stating the sp…
Fla. Stat. § 90.105
Preliminary questions
(1) Except as provided in subsection (2), the court shall determine preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence.(2) When the relevancy of evidence depends upon the existence of a preliminary fact, the court shall admit th…
Fla. Stat. § 90.106
Summing up and comment by judge
A judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused.
Fla. Stat. § 90.107
Limited admissibility
When evidence that is admissible as to one party or for one purpose, but inadmissible as to another party or for another purpose, is admitted, the court, upon request, shall restrict such evidence to its proper scope and so inform the jury at the time it is admitted.
Fla. Stat. § 90.108
Introduction of related writings or recorded statements
(1) When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require him or her at that time to introduce any other part or any other writing or recorded statement that in fairness ought to be considered contemporaneously. An adverse party is not bound by evidence introduced u…
Fla. Stat. § 90.201
Matters which must be judicially noticed
A court shall take judicial notice of:(1) Decisional, constitutional, and public statutory law and resolutions of the Florida Legislature and the Congress of the United States.(2) Florida rules of court that have statewide application, its own rules, and the rules of United States courts adopted by the United States Su…
Fla. Stat. § 90.202
Matters which may be judicially noticed
A court may take judicial notice of the following matters, to the extent that they are not embraced within s. 90.201:(1) Special, local, and private acts and resolutions of the Congress of the United States and of the Florida Legislature.(2) Decisional, constitutional, and public statutory law of every other state, ter…
Fla. Stat. § 90.203
Compulsory judicial notice upon request
A court shall take judicial notice of any matter in s. 90.202 when a party requests it and:(1) Gives each adverse party timely written notice of the request, proof of which is filed with the court, to enable the adverse party to prepare to meet the request.(2) Furnishes the court with sufficient information to enable i…
Fla. Stat. § 90.2035
Judicial notice of information taken from web mapping services, global satellite imaging sites, or Internet mapping tools
(1)(a) Upon request of a party, a court may take judicial notice of an image, map, location, distance, calculation, or other information taken from a widely accepted web mapping service, global satellite imaging site, or Internet mapping tool, if such image, map, location, distance, calculation, or other information in…
Fla. Stat. § 90.204
Determination of propriety of judicial notice and nature of matter noticed
(1) When a court determines upon its own motion that judicial notice of a matter should be taken or when a party requests such notice and shows good cause for not complying with s. 90.203(1), the court shall afford each party reasonable opportunity to present information relevant to the propriety of taking judicial not…
Fla. Stat. § 90.205
Denial of a request for judicial notice
Upon request of counsel, when a court denies a request to take judicial notice of any matter, the court shall inform the parties at the earliest practicable time and shall indicate for the record that it has denied the request.
Fla. Stat. § 90.206
Instructing jury on judicial notice
The court may instruct the jury during the trial to accept as a fact a matter judicially noticed.
Fla. Stat. § 90.207
Judicial notice by trial court in subsequent proceedings
The failure or refusal of a court to take judicial notice of a matter does not preclude a court from taking judicial notice of the matter in subsequent proceedings, in accordance with the procedure specified in ss. 90.201-90.206.
Fla. Stat. § 90.301
Presumption defined; inferences
(1) For the purposes of this chapter, a presumption is an assumption of fact which the law makes from the existence of another fact or group of facts found or otherwise established.(2) Except for presumptions that are conclusive under the law from which they arise, a presumption is rebuttable.(3) Nothing in this chapte…
Fla. Stat. § 90.302
Classification of rebuttable presumptions
Every rebuttable presumption is either:(1) A presumption affecting the burden of producing evidence and requiring the trier of fact to assume the existence of the presumed fact, unless credible evidence sufficient to sustain a finding of the nonexistence of the presumed fact is introduced, in which event, the existence…
Fla. Stat. § 90.303
Presumption affecting the burden of producing evidence defined
In a civil action or proceeding, unless otherwise provided by statute, a presumption established primarily to facilitate the determination of the particular action in which the presumption is applied, rather than to implement public policy, is a presumption affecting the burden of producing evidence.
Fla. Stat. § 90.304
Presumption affecting the burden of proof defined
In civil actions, all rebuttable presumptions which are not defined in s. 90.303 are presumptions affecting the burden of proof.
Fla. Stat. § 90.401
Definition of relevant evidence
Relevant evidence is evidence tending to prove or disprove a material fact.
Fla. Stat. § 90.402
Admissibility of relevant evidence
All relevant evidence is admissible, except as provided by law.
Fla. Stat. § 90.4025
Admissibility of paternity determination in certain criminal prosecutions
If a person less than 18 years of age gives birth to a child and the paternity of that child is established under chapter 742, such evidence of paternity is admissible in a criminal prosecution under ss. 794.011, 794.05, 800.04, and 827.04(3).
Fla. Stat. § 90.4026
Statements expressing sympathy; admissibility; definitions
(1) As used in this section:(a) “Accident” means an occurrence resulting in injury or death to one or more persons which is not the result of willful action by a party.(b) “Benevolent gestures” means actions that convey a sense of compassion or commiseration emanating from human impulses.(c) “Family” means the spouse,…
Fla. Stat. § 90.403
Exclusion on grounds of prejudice or confusion
Relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence. This section shall not be construed to mean that evidence of the existence of available third-party benefits…
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