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Florida Statute 90.614 | Lawyer Caselaw & Research
F.S. 90.614 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.614
90.614 Prior statements of witnesses.
(1) When a witness is examined concerning the witness’s prior written statement or concerning an oral statement that has been reduced to writing, the court, on motion of the adverse party, shall order the statement to be shown to the witness or its contents disclosed to him or her.
(2) Extrinsic evidence of a prior inconsistent statement by a witness is inadmissible unless the witness is first afforded an opportunity to explain or deny the prior statement and the opposing party is afforded an opportunity to interrogate the witness on it, or the interests of justice otherwise require. If a witness denies making or does not distinctly admit making the prior inconsistent statement, extrinsic evidence of such statement is admissible. This subsection is not applicable to admissions of a party-opponent as defined in s. 90.803(18).
History.s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 17, 22, ch. 78-361; ss. 1, 2, ch. 78-379; s. 492, ch. 95-147.

F.S. 90.614 on Google Scholar

F.S. 90.614 on Casetext

Amendments to 90.614


Arrestable Offenses / Crimes under Fla. Stat. 90.614
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.614.



Annotations, Discussions, Cases:

Cases from cite.case.law:

A. HELMS, v. STATE, 271 So. 3d 1030 (Fla. App. Ct. 2019)

. . . either did not remember appellant's number or denied giving it to the detective, pursuant to section 90.614 . . . was a prior inconsistent statement; however, a prior inconsistent statement admitted under section 90.614 . . . The trial court relied on section 90.614, Florida Statutes (2017), in admitting into evidence the girlfriend's . . . Section 90.614(2), Florida Statutes, provides in part: Extrinsic evidence of a prior inconsistent statement . . . statement to impeach the witness, as the prosecutor did not lay the proper foundation under section 90.614 . . .

PITTS, v. STATE, 227 So. 3d 674 (Fla. Dist. Ct. App. 2017)

. . . (citation omitted)); § 90.614(2), Fla. . . .

PASHA, v. STATE, 225 So. 3d 688 (Fla. 2017)

. . . See § 90.614(2), Fla. . . . Pearce, 880 So.2d at 570 (explaining that defense counsel laid the proper foundation under section 90.614 . . .

WRIGHT, v. STATE, 199 So. 3d 1019 (Fla. Dist. Ct. App. 2016)

. . . See § 90.614(2), Fla. . . .

WRIGHT, v. STATE, 143 So. 3d 995 (Fla. Dist. Ct. App. 2014)

. . . See § 90.614(2), Fla. . . .

LOUIS, Jr. v. STATE, 104 So. 3d 1126 (Fla. Dist. Ct. App. 2012)

. . . (citing § 90.614(2), Fla. . . . Stat. (2008)) (explaining the requirement in section 90.614(2) that the witness is first afforded an . . . Here, under section 90.614(2) and Rodriguez, the trial court correctly barred defense counsel from attempting . . .

ELMER, v. STATE, 114 So. 3d 198 (Fla. Dist. Ct. App. 2012)

. . . Section 90.614(2), Florida Statutes (2010), provides that before extrinsic evidence of the contents of . . . inability to remember making it, extrinsic evidence is admissible to prove the statement was made. § 90.614 . . .

K. P. a v. STATE, 90 So. 3d 890 (Fla. Dist. Ct. App. 2012)

. . . .” § 90.614(2), Fla. Stat. (2010). . . . inconsistent’ statement, the witness does not ‘distinctly admit making’ the statement under section 90.614 . . . established entitlement to introduce the mother’s extrinsic evidence of the prior statement under section 90.614 . . .

SUAREZ, v. BENIHANA NATIONAL OF FLORIDA CORP., 88 So. 3d 349 (Fla. Dist. Ct. App. 2012)

. . . See also § 90.614, Fla. . . .

RODRIGUEZ, v. STATE, 65 So. 3d 1133 (Fla. Dist. Ct. App. 2011)

. . . witness does not “distinctly admit” the prior inconsistent statement within the meaning of section 90.614 . . . Next, the defense satisfied the requirement of section 90.614(2), Florida Statutes (2008) by directing . . . Section 90.614(2) provides in pertinent part: Extrinsic evidence of a prior inconsistent statement by . . . inconsistent” statement, the witness does not “distinctly admit making” the statement under section 90.614 . . . being used to refresh recollection; however, "if the prior statement is offered to impeach, section 90.614 . . .

DAVIS, v. STATE, 52 So. 3d 52 (Fla. Dist. Ct. App. 2010)

. . . Nor was the officer’s statement admissible to impeach the witness under sections 90.608 and 90.614(2) . . .

PENNSYLVANIA LUMBERMENS MUTUAL INSURANCE COMPANY, v. INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY,, 43 So. 3d 182 (Fla. Dist. Ct. App. 2010)

. . . admissible as extrinsic evidence of a prior inconsistent statement to impeach the homeowner under section 90.614 . . .

RAMSAMMY, v. STATE, 43 So. 3d 100 (Fla. Dist. Ct. App. 2010)

. . . deny the prior statement” prior to the admission of his hearsay statements as required under section 90.614 . . . State also made no effort to lay a proper predicate for the admission of the statement under section 90.614 . . .

WOODALL, v. STATE, 39 So. 3d 419 (Fla. Dist. Ct. App. 2010)

. . . substantive evidence under section 90.801(2)(1) is still admissible for impeachment purposes under section 90.614 . . .

McDANIEL, v. STATE, 24 So. 3d 654 (Fla. Dist. Ct. App. 2009)

. . . See § 90.614, Fla. Stat. (2007); Varas v. . . .

THOMAS, v. STATE, 981 So. 2d 1254 (Fla. Dist. Ct. App. 2008)

. . . See § 90.614(2), Fla. Stat. (2006). ORFINGER, TORPY and COHEN, JJ., concur. . . .

D. M. L. v. STATE, 976 So. 2d 670 (Fla. Dist. Ct. App. 2008)

. . . . § 90.614(2). . . .

JACKSON, v. STATE, 961 So. 2d 1104 (Fla. Dist. Ct. App. 2007)

. . . prior inconsistent statement, so long as the proper predicate had been laid as required by section 90.614 . . . See id. at 570 (quoting § 90.614(2)). . . .

F. JENNINGS, v. V. CROSBY,, 392 F. Supp. 2d 1312 (N.D. Fla. 2005)

. . . denied making the prior statements (which would have permitted the entry of the documents under section 90.614 . . . Jennings III, 512 So.2d at 173 (citing § 90.614, Fla. Stat.). . . .

E. P. W. a v. STATE, 902 So. 2d 336 (Fla. Dist. Ct. App. 2005)

. . . The court overruled the objection and admitted the statement into evidence under section 90.614(1), Florida . . .

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

. . . See § 90.614 Fla. Stat. (2003). . . .

PEARCE, v. STATE, 880 So. 2d 561 (Fla. 2004)

. . . As provided in section 90.614(2), Extrinsic evidence of a prior inconsistent statement by a witness is . . . Under section 90.614(2), extrinsic evidence is admissible when a witness does not “distinctly admit” . . . The record in this case shows that defense counsel laid the proper foundation under section 90.614(2) . . . making the prior inconsistent statement, extrinsic evidence of such statement [was] admissible.” § 90.614 . . .

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

. . . See §§ 90.608(1), 90.614; Brumbley v. State, 453 So.2d 381, 384-85 (Fla.1984). . . .

PENDER, v. STATE, 847 So. 2d 1141 (Fla. Dist. Ct. App. 2003)

. . . We conclude that the trial court’s evidentiary ruling was consistent with section 90.614, Florida Statutes . . .

GUTIERREZ, v. STATE, 778 So. 2d 372 (Fla. Dist. Ct. App. 2001)

. . . See § 90.614(2), Fla.Stat. (1997). . . .

MATTHEWS, v. STATE, 772 So. 2d 600 (Fla. Dist. Ct. App. 2000)

. . . Section 90.614(1), “Prior statements of witnesses,” provides: (1) When a witness is examined concerning . . .

WILCOX, v. STATE, 770 So. 2d 733 (Fla. Dist. Ct. App. 2000)

. . . Compatible with the requirements of section 90.614, Florida Statutes, the prosecutor showed the document . . .

MBL LIFE ASSURANCE CORP. a a a S. v. SUAREZ, Jr. Sr. Jr., 768 So. 2d 1129 (Fla. Dist. Ct. App. 2000)

. . . . § 90.614, Fla. Stat. (1995). . . . (2) allows the admission of extrinsic evidence of the “critical testimony.”); see also § 90.614(2), Fla . . . Moreover, even if the defendants did not meet the foundational requirements of section 90.614(2), which . . . See § 90.614(2). See also Thornes v. . . . State, 485 So.2d at 1359 (technical noncompliance with section 90.614 may be excusable, in the interests . . .

SMITH, v. STATE, 762 So. 2d 929 (Fla. Dist. Ct. App. 2000)

. . . See § 90.614(2) Fla. Slat. . . .

KIWANIS CLUB OF LITTLE HAVANA, INC. v. KALAFE,, 723 So. 2d 838 (Fla. Dist. Ct. App. 1998)

. . . . § 90.614(2), Fla. Stat. (1995); see Hernandez v. Charles E. . . .

JONES, v. STATE, 709 So. 2d 512 (Fla. 1998)

. . . See §§ 90.608(1), 90.614(1), 90.801(l)(c), 90.802, Fla. Stat. (1997). . . .

CHAUDOIN, Jr. v. STATE, 707 So. 2d 813 (Fla. Dist. Ct. App. 1998)

. . . Section 90.614(2) provides: Extrinsic evidence of a prior inconsistent statement by a witness is inadmissible . . .

PENSKE TRUCK LEASING CO. LP, D. v. MOORE, L. Co- J., 702 So. 2d 1295 (Fla. Dist. Ct. App. 1997)

. . . Cash-well by proof of a prior inconsistent statement, pursuant to § 90.614(2), Florida Statutes. . . . Section 90.614(2) provides, in pertinent part: Extrinsic evidence of a prior inconsistent statement by . . . admit making the prior inconsistent statement, extrinsic evidence of such statement is admissible. § 90.614 . . .

J. F. v. STATE, 695 So. 2d 1316 (Fla. Dist. Ct. App. 1997)

. . . It could, however, have been admitted as impeachment evidence under section 90.614. . . .

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

. . . free to point out any such discrepancies through proper impeachment procedures, see §§ 90.608(1) and 90.614 . . .

GUDINAS, v. STATE, 693 So. 2d 953 (Fla. 1997)

. . . We also agree with the State that the foundational requirements of section 90.614(2), Florida Statutes . . .

MILLS, v. STATE, 681 So. 2d 878 (Fla. Dist. Ct. App. 1996)

. . . must follow to introduce extrinsic evidence of such prior inconsistent statements is found at section 90.614 . . . was still required to lay the proper foundation for the introduction of the detective’s testimony. § 90.614 . . .

ADVENTIST HEALTH SYSTEM SUNBELT, INC. v. D. WATKINS B., 675 So. 2d 1051 (Fla. Dist. Ct. App. 1996)

. . . Moreover, section 90.614, Florida Statutes (1995) specifically allows extrinsic evidence of a prior inconsistent . . .

DIETRICH, v. STATE, 673 So. 2d 93 (Fla. Dist. Ct. App. 1996)

. . . Allowing the evidence in also violated section 90.614(2), Florida Statutes (1993), prohibiting admission . . .

RODRIGUEZ, Sr. Jr. v. STATE, 664 So. 2d 1077 (Fla. Dist. Ct. App. 1995)

. . . See § 90.614, Fla.Stat. (1993). We conclude that no evidentiary error has been shown. . . .

PUGH, v. STATE, 637 So. 2d 313 (Fla. Dist. Ct. App. 1994)

. . . Section 90.614(2), Florida Statutes (1991), provides: Extrinsic evidence of a prior inconsistent statement . . . Accordingly, under section 90.614(2), extrinsic evidence of this statement, which is contained in the . . .

REGO v. J. SHEPHARD W., 596 So. 2d 1300 (Fla. Dist. Ct. App. 1992)

. . . . § 90.614, Fla.Stat. (1991). . . .

FERNANDEZ- CARBALLO, v. STATE, 590 So. 2d 1004 (Fla. Dist. Ct. App. 1991)

. . . State, 427 So.2d 326, 328 (Fla. 3d DCA 1983); § 90.614(2), Fla.Stat. (1989). (2) Moreover, the defendant . . .

BARBER, v. STATE, 576 So. 2d 825 (Fla. Dist. Ct. App. 1991)

. . . The state failed to establish the essential predicate required by section 90.614, Florida Statutes (1987 . . .

L. ANNIS, R. v. FIRST UNION NATIONAL BANK OF FLORIDA, f k a E., 566 So. 2d 273 (Fla. Dist. Ct. App. 1990)

. . . not admissible for purposes of impeachment during rebuttal, absent the foundation required by Section 90.614 . . . In the cited cases, the courts held that the Section 90.614(2) predicate was a condition precedent to . . . Consequently, the last sentence of Section 90.614(2), Florida Statutes, simply does not apply to such . . .

GORE, v. L. DUGGER,, 763 F. Supp. 1110 (M.D. Fla. 1989)

. . . The trial court barred this testimony pursuant to Florida Evidence Code § 90.614(2) because defense counsel . . . Florida Evidence Code § 90.614(2) requires: Extrinsic evidence of a prior inconsistent statement by a . . .

L. WISE, v. STATE, 546 So. 2d 1068 (Fla. Dist. Ct. App. 1989)

. . . See §§ 90.614(2), 90.801(2)(a), Pla. Stat. (1985). . . .

KIMBLE, v. STATE, 537 So. 2d 1094 (Fla. Dist. Ct. App. 1989)

. . . See also, § 90.614(2), Fla.Stat. (1987). . . .

C. SNODDERLY, v. STATE, 528 So. 2d 982 (Fla. Dist. Ct. App. 1988)

. . . Section 90.614(2), Florida Statutes. . . .

F. JENNINGS, v. STATE, 512 So. 2d 169 (Fla. 1987)

. . . . § 90.614(2), Fla. Stat. (1985). . . .

SAYAD, v. ALLEY,, 508 So. 2d 485 (Fla. Dist. Ct. App. 1987)

. . . See § 90.614(2), Fla. Stat. (1985); Hoctor v. . . .

HERNANDEZ B. A. v. CHARLES E. VIRGIN, M. D. P. A. C. III, M. D. A. M. D., 505 So. 2d 1369 (Fla. Dist. Ct. App. 1987)

. . . inconsistent with trial testimony is, with few exceptions, admissible as long as the requirements of section 90.614 . . . Section 90.614(2) provides: (2) Extrinsic evidence of a prior inconsistent statement by a witness is . . .

COBAS- TORRES, v. STATE, 502 So. 2d 67 (Fla. Dist. Ct. App. 1987)

. . . to introduce extrinsic evidence of a prior inconsistent statement made by a prosecution witness, § 90.614 . . .

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

. . . Therefore, it would be impossible to comply with the Section 90.614 requirement that before extrinsic . . .

IRONS, v. STATE, 498 So. 2d 958 (Fla. Dist. Ct. App. 1986)

. . . . § 90.614(2). Irons’ conviction is vacated, and the case is remanded for a new trial. . . .

GAMBLE, v. STATE, 492 So. 2d 1132 (Fla. Dist. Ct. App. 1986)

. . . . § 90.608(l)(a), Fla.Stat. (1983); 90.614(2), Fla. Stat. (1983). . Myers v. . . .

SAUCIER, v. STATE, 491 So. 2d 1282 (Fla. Dist. Ct. App. 1986)

. . . for impeachment based upon the prior out-of-court statements to Deputy Kahl, as required by section 90.614 . . . argues that the usual predicate for impeachment was not required in view of the provision in section 90.614 . . . objection to the rebuttal testimony in explicit terms of an insufficient predicate, as required by section 90.614 . . . Section 90.614(2) reads: (2) Extrinsic evidence of a prior inconsistent statement by a witness is inadmissible . . .

L. THORNES, v. STATE, 485 So. 2d 1357 (Fla. Dist. Ct. App. 1986)

. . . The rule enunciated above is embodied in Section 90.614, Florida Statutes (1983). . . . prior inconsistent statement does not require the exclusion of the proffered testimony under section 90.614 . . .

WILLIAMS, v. STATE, 472 So. 2d 1350 (Fla. Dist. Ct. App. 1985)

. . . Sisto, 534 F.2d 616 (5th Cir. 1976); see § 90.614(2), Fla.Stat. (1983). . . .

REAVES, v. STATE, 458 So. 2d 53 (Fla. Dist. Ct. App. 1984)

. . . Section 90.614(2); Florida Statutes (1981), requires that appellant be afforded the opportunity to explain . . .

R. FLEMING, v. STATE, 457 So. 2d 499 (Fla. Dist. Ct. App. 1984)

. . . Section 90.614(2), Florida Statutes (1981), provides that extrinsic evidence of a witness’ prior inconsistent . . .

GREEN v. STATE OF FLORIDA, 7 Fla. Supp. 2d 41 (Fla. Cir. Ct. 1984)

. . . Assuming this to be the case, Green contends that the predicate required by Section 90.614, Florida Statutes . . . admitted, the witness must first be afforded an opportunity to explain or deny the statement, Section 90.614 . . .

E. SIMMONS, Sr. G. v. BAPTIST HOSPITAL OF MIAMI, INC., 454 So. 2d 681 (Fla. Dist. Ct. App. 1984)

. . . Tolley, 345 So.2d 747, 754 (Fla. 4th DCA 1977); §§ 90.403, 90.609, 90.610, 90.614, Fla.Stat. (1983). . . .

J. HOCTOR, a By J. HOCTOR B. J. B. v. K. TUCKER,, 432 So. 2d 1352 (Fla. Dist. Ct. App. 1983)

. . . This is an ancient rule of fairness to witnesses and is the historical basis for section 90.614, Florida . . . objection on this ground as required by the contemporaneous objection rule and any violation of section 90.614 . . .

WRIGHT, v. STATE, 427 So. 2d 326 (Fla. Dist. Ct. App. 1983)

. . . failed to establish any predicate for the statement’s introduction, in direct contravention of Section 90.614 . . . This rule is now codified in Section 90.614, Florida Statutes (1979): Prior statements of witnesses.— . . .

McGUIRE, v. STATE, 411 So. 2d 939 (Fla. Dist. Ct. App. 1982)

. . . Section 90.614(2), Florida Statutes (1979), provides that a prior inconsistent statement is inadmissible . . .

HUTCHINSON a k a v. STATE, 397 So. 2d 1001 (Fla. Dist. Ct. App. 1981)

. . . Section 90.614(2), Florida Statutes (1979) states in pertinent part: Extrinsic evidence of a prior inconsistent . . . We think the plain terms of Section 90.614(2) certainly contemplate a more direct reference to the prior . . .

L. STUDSTILL, v. STATE, 394 So. 2d 1040 (Fla. Dist. Ct. App. 1981)

. . . Section 90.614, Florida Statutes (1979), which codifies prior Florida law to the effect that before a . . .

NOWLIN, Jr. v. STATE, 346 So. 2d 1020 (Fla. 1977)

. . . State, 281 So.2d 398 (Fla.2d DCA 1973); see Florida Evidence Code, Section 90.614(2) (effective July . . .