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Florida Statute 90.406 | Lawyer Caselaw & Research
F.S. 90.406 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 90.406

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.406
90.406 Routine practice.Evidence of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is admissible to prove that the conduct of the organization on a particular occasion was in conformity with the routine practice.
History.s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.

F.S. 90.406 on Google Scholar

F.S. 90.406 on Casetext

Amendments to 90.406


Arrestable Offenses / Crimes under Fla. Stat. 90.406
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.406.



Annotations, Discussions, Cases:

Cases from cite.case.law:

A. THORLTON D. v. NATIONSTAR MORTGAGE, LLC,, 257 So. 3d 596 (Fla. App. Ct. 2018)

. . . maintained that the issue was an evidentiary issue related to routine business practices under section 90.406 . . .

E. SOULE, v. U. S. BANK NATIONAL ASSOCIATION, FOR BNC MORTGAGE LOAN TRUST MORTGAGE PASS- THROUGH CERTIFICATES, SERIES, 253 So. 3d 679 (Fla. App. Ct. 2018)

. . . (citing § 90.406, Fla. Stat. (2014) ). . . .

PNC BANK NATIONAL ASSOCIATION, v. ROBERTS, 246 So. 3d 482 (Fla. App. Ct. 2018)

. . . . § 90.406, Fla. Stat. (2009) ; Brown v. . . .

L. SPENCER L. v. DITECH FINANCIAL, LLC FSB, 242 So. 3d 1189 (Fla. App. Ct. 2018)

. . . (citing § 90.406, Fla. Stat. (2014) ). . . .

C. EDMONDS N. v. U. S. BANK NATIONAL ASSOCIATION JP, 215 So. 3d 628 (Fla. Dist. Ct. App. 2017)

. . . Allen, slip op. at 4; see also § 90.406, Fla. Stat. (2014); CitiMortgage, Inc. v. . . .

WELLS FARGO BANK, N. A. v. AYERS, L. s, 219 So. 3d 89 (Fla. Dist. Ct. App. 2017)

. . . This evidence was competent evidence of routine practice under Florida’s Evidence Code, see § 90.406, . . .

ALLEN, a k a T. v. WILMINGTON TRUST, N. A. N. A. f b o II, 216 So. 3d 685 (Fla. Dist. Ct. App. 2017)

. . . EMC’s routine business practices, Evidence of a company’s routine business practices under section 90.406 . . .

CITIMORTGAGE, INC. v. A. HOSKINSON,, 200 So. 3d 191 (Fla. Dist. Ct. App. 2016)

. . . . § 90.406, Fla. Stat. (2014); see Brown v. Giffen Indus., Inc., 281 So.2d 897, 899-900 (Fla.1973). . . .

PEUGUERO v. BANK OF AMERICA, N. A. LP, LP,, 169 So. 3d 1198 (Fla. Dist. Ct. App. 2015)

. . . .” § 90.406, Fla. Stat. (2013); People’s Trust Ins. Co. v. . . .

PEOPLE S TRUST INSURANCE COMPANY, v. N. RODDY,, 134 So. 3d 1071 (Fla. Dist. Ct. App. 2013)

. . . .” § 90.406, Fla. Stat. (2012). . . .

THIGPEN, v. UNITED PARCEL SERVICES, INC., 990 So. 2d 639 (Fla. Dist. Ct. App. 2008)

. . . experience in the corporation was too remote to be reliable is misplaced in the organizational context of § 90.406 . . . , 810 So.2d 901 (Fla.2002) ("this Court does not intentionally overrule itself sub silentio.”). . § 90.406 . . .

SHANDS TEACHING HOSPITAL AND CLINICS, INC. v. DUNN, 977 So. 2d 594 (Fla. Dist. Ct. App. 2007)

. . . Section 90.406, Florida Statutes states, Evidence of the routine practice of an organization, whether . . . conduct of the organization on a particular occasion was in conformity with the routine practice. § 90.406 . . . However, it is clear from the text of section 90.406 and the applicable cases that evidence of a routine . . .

MARION COUNTY, v. KIRK,, 965 So. 2d 330 (Fla. Dist. Ct. App. 2007)

. . . See § 90.406, Fla. Stat. (2006). . . .

TABB, TABB, a v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION M. D. d b a, 880 So. 2d 1253 (Fla. Dist. Ct. App. 2004)

. . . See § 90.406, Fla. . . . In Lumbermens, the court explained the effect of section 90.406 and also explained that the evidence . . . , would support only an inference that the practice was followed in the case: The impact of Section 90.406 . . .

THURMAN, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,, 881 So. 2d 89 (Fla. Dist. Ct. App. 2004)

. . . Section 90.406, Florida Statutes, states, Evidence of the routine practice of an organization, whether . . . routine method of performing a particular act, proof of that routine method is admissible under section 90.406 . . . Ehrhardt, Florida Evidence, § 90.406 (2004 Edition). . . . the general business practice rule in unemployment compensation cases, they do not cite to section 90.406 . . .

McKEITHAN, a McKEITHAN v. HCA HEALTH SERVICES OF FLORIDA, INC. d b a, 879 So. 2d 47 (Fla. Dist. Ct. App. 2004)

. . . Although section 90.406, Florida Statutes (2003), does not apply to the routine practice of an individual . . .

STATE FARM FIRE AND CASUALTY COMPANY, v. B. HIGGINS, L. f k a L. f k a, 788 So. 2d 992 (Fla. Dist. Ct. App. 2001)

. . . Under section 90.406, Florida Statutes (2000), evidence of a business routine with regard to mailing . . .

BEST MERIDIAN INSURANCE COMPANY, v. TUATY,, 752 So. 2d 733 (Fla. Dist. Ct. App. 2000)

. . . .” § 90.406, Fla. Stat. (1997). . . .

LIBERTY MUTUAL INSURANCE COMPANY, INC. v. M. LEDFORD L., 691 So. 2d 1164 (Fla. Dist. Ct. App. 1997)

. . . Jones, 414 So.2d 1169 (Fla. 5th DCA 1982); § 90.406, Fla. Stat. (1995). . . . .

SIMMONS, v. ROORDA d b a, 601 So. 2d 609 (Fla. Dist. Ct. App. 1992)

. . . . § 90.406, Fla.Stat. (1987). . . .

MCNAMARA v. STATE OF FLORIDA, 39 Fla. Supp. 2d 70 (Fla. Cir. Ct. 1990)

. . . In addition, § 90.406 F.S. allows the probation officer to testify as to the routine practice of the . . .

FLORIDA EAST COAST PROPERTIES, INC. v. COASTAL CONSTRUCTION PRODUCTS, INC., 553 So. 2d 705 (Fla. Dist. Ct. App. 1989)

. . . .” § 90.406, Fla.Stat. (1987); see Brown v. Giffen Indus., 281 So.2d 897, 900 (Fla.1973). . . .

ROBINSON, v. HILLSBOROUGH AREA REGIONAL TRANSIT AUTHORITY,, 545 So. 2d 478 (Fla. Dist. Ct. App. 1989)

. . . See § 90.406, Fla.Stat. (1983). . . .

PROGRESSIVE AMERICAN INSURANCE COMPANY, v. L. KURTZ,, 518 So. 2d 1339 (Fla. Dist. Ct. App. 1987)

. . . See also section 90.406, Florida Statutes, which provides that evidence of a routine practice of an organization . . .

S. DUFFELL, v. SOUTH WALTON EMERGENCY SERVICES, INC. a Co. A. A., 501 So. 2d 1352 (Fla. Dist. Ct. App. 1987)

. . . It was inadmissible under section 90.406, relating to routine practices of organizations, for the simple . . .

HARTFORD ACCIDENT AND INDEMNITY COMPANY, III, v. B. OCHA,, 472 So. 2d 1338 (Fla. Dist. Ct. App. 1985)

. . . Section 90.406, Florida Statutes (1979), states: “Routine practice. — Evidence of the routine practice . . .

GENERAL MOTORS ACCEPTANCE CORPORATION v. UTTAL, 14 Fla. Supp. 2d 131 (Palm Beach Cty. Ct. 1985)

. . . C & G Sporting Goods, 453 So.2d 121, 123 n. 3 (Fla. 1st DCA 1984); Section 90.406, Fla. . . .

FORTUNE INSURANCE COMPANY, v. SIMS,, 464 So. 2d 251 (Fla. Dist. Ct. App. 1985)

. . . The court quoted section 90.406, Florida Statutes (1979), which provides: Evidence of the routine practice . . .

EIG, v. INSURANCE COMPANY OF NORTH AMERICA,, 447 So. 2d 377 (Fla. Dist. Ct. App. 1984)

. . . Appellee introduced the deposition of an employee who testified, pursuant to section 90.406, Florida . . . Alvarez, 443 So.2d 279 (Fla. 3d DCA 1983); section 90.406, Florida Statutes (1981), the party does have . . .

LUMBERMENS MUTUAL CASUALTY COMPANY, v. ALVAREZ,, 443 So. 2d 279 (Fla. Dist. Ct. App. 1983)

. . . case absent a contrary showing), was effectively done away with in 1979 with the enactment of Section 90.406 . . . The impact of Section 90.406 on the case at hand is that Almerico’s testimony as to the routine practice . . .

NATIONWIDE MUTUAL INSURANCE COMPANY, v. E. JONES,, 414 So. 2d 1169 (Fla. Dist. Ct. App. 1982)

. . . Neither at the trial level nor on appeal did either party mention or rely on section 90.406, Florida . . .