The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.803

90.803 Hearsay exceptions; availability of declarant immaterial.—The provision of s. 90.802 to the contrary notwithstanding, the following are not inadmissible as evidence, even though the declarant is available as a witness:

(1) SPONTANEOUS STATEMENT.—A spontaneous statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter, except when such statement is made under circumstances that indicate its lack of trustworthiness.

(2) EXCITED UTTERANCE.—A statement or excited utterance relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.

(3) THEN-EXISTING MENTAL, EMOTIONAL, OR PHYSICAL CONDITION.—

(a) A statement of the declarant’s then-existing state of mind, emotion, or physical sensation, including a statement of intent, plan, motive, design, mental feeling, pain, or bodily health, when such evidence is offered to:

1. Prove the declarant’s state of mind, emotion, or physical sensation at that time or at any other time when such state is an issue in the action.

2. Prove or explain acts of subsequent conduct of the declarant.

(b) However, this subsection does not make admissible:

1. An after-the-fact statement of memory or belief to prove the fact remembered or believed, unless such statement relates to the execution, revocation, identification, or terms of the declarant’s will.

2. A statement made under circumstances that indicate its lack of trustworthiness.

(4) STATEMENTS FOR PURPOSES OF MEDICAL DIAGNOSIS OR TREATMENT.—Statements made for purposes of medical diagnosis or treatment by a person seeking the diagnosis or treatment, or made by an individual who has knowledge of the facts and is legally responsible for the person who is unable to communicate the facts, which statements describe medical history, past or present symptoms, pain, or sensations, or the inceptions or general character of the cause or external source thereof, insofar as reasonably pertinent to diagnosis or treatment.

(5) RECORDED RECOLLECTION.—A memorandum or record concerning a matter about which a witness once had knowledge, but now has insufficient recollection to enable the witness to testify fully and accurately, shown to have been made by the witness when the matter was fresh in the witness’s memory and to reflect that knowledge correctly. A party may read into evidence a memorandum or record when it is admitted, but no such memorandum or record is admissible as an exhibit unless offered by an adverse party.

(6) RECORDS OF REGULARLY CONDUCTED BUSINESS ACTIVITY.—

(a) A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinion, or diagnosis, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity and if it was the regular practice of that business activity to make such memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, or as shown by a certification or declaration that complies with paragraph (c) and s. 90.902(11), unless the sources of information or other circumstances show lack of trustworthiness. The term “business” as used in this paragraph includes a business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.

(b) Evidence in the form of an opinion or diagnosis is inadmissible under paragraph (a) unless such opinion or diagnosis would be admissible under ss. 90.701-90.705 if the person whose opinion is recorded were to testify to the opinion directly.

(c) A party intending to offer evidence under paragraph (a) by means of a certification or declaration shall serve reasonable written notice of that intention upon every other party and shall make the evidence available for inspection sufficiently in advance of its offer in evidence to provide to any other party a fair opportunity to challenge the admissibility of the evidence. If the evidence is maintained in a foreign country, the party intending to offer the evidence must provide written notice of that intention at the arraignment or as soon after the arraignment as is practicable or, in a civil case, 60 days before the trial. A motion opposing the admissibility of such evidence must be made by the opposing party and determined by the court before trial. A party’s failure to file such a motion before trial constitutes a waiver of objection to the evidence, but the court for good cause shown may grant relief from the waiver.

(7) ABSENCE OF ENTRY IN RECORDS OF REGULARLY CONDUCTED ACTIVITY.—Evidence that a matter is not included in the memoranda, reports, records, or data compilations, in any form, of a regularly conducted activity to prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind of which a memorandum, report, record, or data compilation was regularly made and preserved, unless the sources of information or other circumstances show lack of trustworthiness.

(8) PUBLIC RECORDS AND REPORTS.—Records, reports, statements reduced to writing, or data compilations, in any form, of public offices or agencies, setting forth the activities of the office or agency, or matters observed pursuant to duty imposed by law as to matters which there was a duty to report, excluding in criminal cases matters observed by a police officer or other law enforcement personnel, unless the sources of information or other circumstances show their lack of trustworthiness. The criminal case exclusion shall not apply to an affidavit otherwise admissible under s. 316.1934 or s. 327.354.

(9) RECORDS OF VITAL STATISTICS.—Records or data compilations, in any form, of births, fetal deaths, deaths, or marriages, if a report was made to a public office pursuant to requirements of law. However, nothing in this section shall be construed to make admissible any other marriage of any party to any cause of action except for the purpose of impeachment as set forth in s. 90.610.

(10) ABSENCE OF PUBLIC RECORD OR ENTRY.—Evidence, in the form of a certification in accord with s. 90.902, or in the form of testimony, that diligent search failed to disclose a record, report, statement, or data compilation or entry, when offered to prove the absence of the record, report, statement, or data compilation or the nonoccurrence or nonexistence of a matter of which a record, report, statement, or data compilation would regularly have been made and preserved by a public office and agency.

(11) RECORDS OF RELIGIOUS ORGANIZATIONS.—Statements of births, marriages, divorces, deaths, parentage, ancestry, relationship by blood or marriage, or other similar facts of personal or family history contained in a regularly kept record of a religious organization.

(12) MARRIAGE, BAPTISMAL, AND SIMILAR CERTIFICATES.—Statements of facts contained in a certificate that the maker performed a marriage or other ceremony or administered a sacrament, when such statement was certified by a member of the clergy, public official, or other person authorized by the rules or practices of a religious organization or by law to perform the act certified, and when such certificate purports to have been issued at the time of the act or within a reasonable time thereafter.

(13) FAMILY RECORDS.—Statements of fact concerning personal or family history in family Bibles, charts, engravings in rings, inscriptions on family portraits, engravings on urns, crypts, or tombstones, or the like.

(14) RECORDS OF DOCUMENTS AFFECTING AN INTEREST IN PROPERTY.—The record of a document purporting to establish or affect an interest in property, as proof of the contents of the original recorded or filed document and its execution and delivery by each person by whom it purports to have been executed, if the record is a record of a public office and an applicable statute authorized the recording or filing of the document in the office.

(15) STATEMENTS IN DOCUMENTS AFFECTING AN INTEREST IN PROPERTY.—A statement contained in a document purporting to establish or affect an interest in property, if the matter stated was relevant to the purpose of the document, unless dealings with the property since the document was made have been inconsistent with the truth of the statement or the purport of the document.

(16) STATEMENTS IN ANCIENT DOCUMENTS.—Statements in a document in existence 20 years or more, the authenticity of which is established.

(17) MARKET REPORTS, COMMERCIAL PUBLICATIONS.—Market quotations, tabulations, lists, directories, or other published compilations, generally used and relied upon by the public or by persons in particular occupations if, in the opinion of the court, the sources of information and method of preparation were such as to justify their admission.

(18) ADMISSIONS.—A statement that is offered against a party and is:

(a) The party’s own statement in either an individual or a representative capacity;

(b) A statement of which the party has manifested an adoption or belief in its truth;

(d) A statement by the party’s agent or servant concerning a matter within the scope of the agency or employment thereof, made during the existence of the relationship; or

(e) A statement by a person who was a coconspirator of the party during the course, and in furtherance, of the conspiracy. Upon request of counsel, the court shall instruct the jury that the conspiracy itself and each member’s participation in it must be established by independent evidence, either before the introduction of any evidence or before evidence is admitted under this paragraph.

(19) REPUTATION CONCERNING PERSONAL OR FAMILY HISTORY.—Evidence of reputation:

(a) Among members of a person’s family by blood, adoption, or marriage;

(b) Among a person’s associates; or

concerning a person’s birth, adoption, marriage, divorce, death, relationship by blood, adoption, or marriage, ancestry, or other similar fact of personal or family history.

(20) REPUTATION CONCERNING BOUNDARIES OR GENERAL HISTORY.—Evidence of reputation:

(a) In a community, arising before the controversy about the boundaries of, or customs affecting lands in, the community.

(b) About events of general history which are important to the community, state, or nation where located.

(21) REPUTATION AS TO CHARACTER.—Evidence of reputation of a person’s character among associates or in the community.

(22) FORMER TESTIMONY.—Former testimony given by the declarant which testimony was given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered, or, in a civil action or proceeding, a predecessor in interest, or a person with a similar interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination; provided, however, the court finds that the testimony is not inadmissible pursuant to s. 90.402 or s. 90.403.

(23) HEARSAY EXCEPTION; STATEMENT OF CHILD VICTIM.—

(a) Unless the source of information or the method or circumstances by which the statement is reported indicates a lack of trustworthiness, an out-of-court statement made by a child victim with a physical, mental, emotional, or developmental age of 16 or less describing any act of child abuse or neglect, any act of sexual abuse against a child, the offense of child abuse, the offense of aggravated child abuse, or any offense involving an unlawful sexual act, contact, intrusion, or penetration performed in the presence of, with, by, or on the declarant child, not otherwise admissible, is admissible in evidence in any civil or criminal proceeding if:

1. The court finds in a hearing conducted outside the presence of the jury that the time, content, and circumstances of the statement provide sufficient safeguards of reliability. In making its determination, the court may consider the mental and physical age and maturity of the child, the nature and duration of the abuse or offense, the relationship of the child to the offender, the reliability of the assertion, the reliability of the child victim, and any other factor deemed appropriate; and

2. The child either:

a. Testifies; or

b. Is unavailable as a witness, provided that there is other corroborative evidence of the abuse or offense. Unavailability shall include a finding by the court that the child’s participation in the trial or proceeding would result in a substantial likelihood of severe emotional or mental harm, in addition to findings pursuant to s. 90.804(1).

(b) In a criminal action, the defendant shall be notified no later than 10 days before trial that a statement which qualifies as a hearsay exception pursuant to this subsection will be offered as evidence at trial. The notice shall include a written statement of the content of the child’s statement, the time at which the statement was made, the circumstances surrounding the statement which indicate its reliability, and such other particulars as necessary to provide full disclosure of the statement.

(24) HEARSAY EXCEPTION; STATEMENT OF ELDERLY PERSON OR DISABLED ADULT.—

(a) Unless the source of information or the method or circumstances by which the statement is reported indicates a lack of trustworthiness, an out-of-court statement made by an elderly person or disabled adult, as defined in s. 825.101, describing any act of abuse or neglect, any act of exploitation, the offense of battery or aggravated battery or assault or aggravated assault or sexual battery, or any other violent act on the declarant elderly person or disabled adult, not otherwise admissible, is admissible in evidence in any civil or criminal proceeding if:

1. The court finds in a hearing conducted outside the presence of the jury that the time, content, and circumstances of the statement provide sufficient safeguards of reliability. In making its determination, the court may consider the mental and physical age and maturity of the elderly person or disabled adult, the nature and duration of the abuse or offense, the relationship of the victim to the offender, the reliability of the assertion, the reliability of the elderly person or disabled adult, and any other factor deemed appropriate; and

2. The elderly person or disabled adult is unavailable as a witness, provided that there is corroborative evidence of the abuse or offense. Unavailability shall include a finding by the court that the elderly person’s or disabled adult’s participation in the trial or proceeding would result in a substantial likelihood of severe emotional, mental, or physical harm, in addition to findings pursuant to s. 90.804(1).

(b) In a criminal action, the defendant shall be notified no later than 10 days before the trial that a statement which qualifies as a hearsay exception pursuant to this subsection will be offered as evidence at trial. The notice shall include a written statement of the content of the elderly person’s or disabled adult’s statement, the time at which the statement was made, the circumstances surrounding the statement which indicate its reliability, and such other particulars as necessary to provide full disclosure of the statement.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 1, ch. 77-174; ss. 20, 22, ch. 78-361; ss. 1, 2, ch. 78-379; s. 4, ch. 85-53; s. 11, ch. 87-224; s. 2, ch. 90-139; s. 3, ch. 90-174; s. 12, ch. 91-255; s. 498, ch. 95-147; s. 1, ch. 95-158; s. 2, ch. 96-330; s. 1, ch. 98-2; s. 2, ch. 2003-259; s. 1, ch. 2013-98; s. 1, ch. 2014-200.

F.S. 90.803 on Google Scholar

F.S. 90.803 on Casetext

Amendments to 90.803

Arrestable Offenses / Crimes under Fla. Stat. 90.803

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.803.

Annotations, Discussions, Cases:

Cases from cite.case.law:

STRONG, v. UNDERWOOD R., 275 So. 3d 760 (Fla. App. Ct. 2019)

. . . The following hearsay exceptions to the Florida Evidence Code apply: 90.803 Hearsay exceptions; availability . . . party and is: (a) The party's own statement in either an individual or a representative capacity[.] § 90.803 . . . Underwood's statement and offered against her, it falls within the hearsay exception set forth at section 90.803 . . . See § 90.803(6), Fla. Stat. (2016). As such, even if the statement was not made directly to Dr. . . .

GREEN TREE SERVICING, LLC, v. SIMMS,, 274 So. 3d 1187 (Fla. App. Ct. 2019)

. . . admitted into evidence under the business records exception to the hearsay rule, as codified in section 90.803 . . . not applied to cure the default, Green Tree next sought to admit into evidence, also under section 90.803 . . . "Once the party offering the evidence lays a predicate pursuant to section 90.803(6)(a), the burden is . . .

MALAVE, v. STATE, 269 So. 3d 669 (Fla. App. Ct. 2019)

. . . The State sought to introduce the statement under section 90.803(24), Florida Statutes (2017), which . . . Townsend , 635 So.2d 949 (Fla. 1994), and an analysis of the section 90.803 criteria. . . .

HUSSEY, v. L. LARA, o b o J. H., 272 So. 3d 498 (Fla. App. Ct. 2019)

. . . not testify and there was no attempt to introduce any out-of-court statement from her under section 90.803 . . .

VILADOINE, v. STATE, 268 So. 3d 804 (Fla. App. Ct. 2019)

. . . After an evidentiary hearing, the trial court found the statement to be admissible under sections 90.803 . . .

LEE, v. STATE, 268 So. 3d 904 (Fla. App. Ct. 2019)

. . . See § 90.803(2), Fla. Stat. . . .

CHARLIER, v. STATE, 272 So. 3d 476 (Fla. App. Ct. 2019)

. . . See § 90.803(1), Fla. . . .

TOOLE, v. STATE, 270 So. 3d 371 (Fla. App. Ct. 2019)

. . . opinions or estimates may qualify as a business record exception to the hearsay rule under section 90.803 . . . activity, and the State must either call a witness to lay the foundational requirements of section 90.803 . . . awards because the State's evidence failed to comply with the foundational requirements of section 90.803 . . . Stat. § 90.803(8) (2014) (providing that public records and reports are admissible hearsay "unless the . . . However, the State failed to properly qualify the letter as a business record pursuant to section 90.803 . . .

MENDEZ, v. STATE, 271 So. 3d 1093 (Fla. App. Ct. 2019)

. . . s out-of-court statements were admitted under section 90.803(23), Florida Statutes (2018), which creates . . . during the forensic interview, which was admitted under the child victim hearsay exception, section 90.803 . . . s out-of-court statements were admitted under the child hearsay exception, section 90.803(23), and not . . . regardless of whether the prior inconsistent statement is admitted under section 90.801(2)(a) or section 90.803 . . .

CLARK, v. STATE, 268 So. 3d 751 (Fla. App. Ct. 2019)

. . . of the print) was error under either the business records exception to the hearsay rule in section 90.803 . . .

E. NOACK, v. STATE, 260 So. 3d 1172 (Fla. App. Ct. 2018)

. . . . § 90.803(18), Fla. Stat. . . .

M. S. a v. STATE, 260 So. 3d 552 (Fla. App. Ct. 2018)

. . . required for admissibility" of an "original or duplicate of evidence that would be admissible under s. 90.803 . . . another qualified person" setting forth the requisite factors for admission as provided in section 90.803 . . .

B. SACKS v. BANK OF NEW YORK MELLON CWMBS,, 264 So. 3d 938 (Fla. App. Ct. 2018)

. . . This principle is codified within section 90.803(6) itself, which provides trial courts the ability to . . . exception where "the sources of information or other circumstances show lack of trustworthiness." § 90.803 . . . Channell , 173 So.3d at 1020 (citing §§ 90.802, 90.803(6), Fla. Stat. (2014) ). . . .

CLARKE, v. STATE, 260 So. 3d 1134 (Fla. App. Ct. 2018)

. . . to her recorded statement to Detective Smith, which was admitted into evidence pursuant to section 90.803 . . . minor when the victim partially recanted his videotaped statement that was admitted pursuant to section 90.803 . . . Although she later recanted, the court admitted the recorded statement under section 90.803(23). . . . CHILD VICTIM CONFIRMS THE TRUTHFULNESS OF A PRIOR OUT-OF-COURT STATEMENT ADMITTED PURSUANT TO SECTION 90.803 . . . A section 90.803(23) statement, for example, is based upon a legislative determination that this category . . .

HINCK, v. STATE, 260 So. 3d 325 (Fla. App. Ct. 2018)

. . . Section 90.803(2), Florida Statutes (2017), defines the "excited utterance" exception to the hearsay . . . To determine whether a statement qualifies as an "excited utterance" under section 90.803(2), the Florida . . . See § 90.803(2), Fla. . . . See Section 90.803(1), Florida Statutes (1981). 429 So.2d at 723 (emphasis added). . . . Thus, the First District's opinion ultimately was based not on section 90.803(2)'s "excited utterance . . .

RODRIGUEZ, v. STATE, 260 So. 3d 469 (Fla. App. Ct. 2018)

. . . The State argues that Negron's out-of-court statements are admissible under section 90.803(3), Florida . . .

M. RAYMOND, v. STATE, 257 So. 3d 624 (Fla. App. Ct. 2018)

. . . analysis is to determine whether the statements fall within the excited utterance exception in section 90.803 . . .

NOCK, v. STATE, 256 So. 3d 828 (Fla. 2018)

. . . "As a general rule of law, self-serving statements are inadmissible under section 90.803(18), Florida . . .

DELISLE, v. CRANE CO., 258 So. 3d 1219 (Fla. 2018)

. . . Court for the first time declined to adopt, to the extent they were procedural, amendments to section 90.803 . . . (declining to adopt chapter 98-2, section 1, Laws of Florida, amending section 90.803(22), Florida Statutes . . . State , 536 So.2d 212, 215 (Fla. 1988) (determining that section 90.803(23), Florida Statutes (1985), . . .

GEORGE, v. STATE, 251 So. 3d 262 (Fla. App. Ct. 2018)

. . . Excited Utterance-Section 90.803(2) of the Florida Statutes As explained by the Florida Supreme Court . . . , for a statement to qualify as an excited utterance under section 90.803(2) of the Florida Statutes, . . . have concluded that the statement was properly admitted as an excited utterance pursuant to section 90.803 . . .

FRAZIER, v. STATE, 250 So. 3d 794 (Fla. App. Ct. 2018)

. . . statements without first analyzing whether or not the child was in need of the protection offered by section 90.803 . . . We find that the appellant's interpretation of case law and the statutory requirements of section 90.803 . . . Because the Legislature changed the maximum age of the declarant in section 90.803(23), the appellant . . . Section 90.803 states as follows: (23) HEARSAY EXCEPTION; STATEMENT OF CHILD VICTIM.- (a) Unless the . . . The plain language of the section 90.803(23) is not unclear or ambiguous. . . .

JOSEPH, v. STATE, 250 So. 3d 113 (Fla. App. Ct. 2018)

. . . only exceptions to the hearsay rule in Florida are the ones recognized by statutes such as sections 90.803 . . .

Fr. RONCHI, v. STATE, 248 So. 3d 1265 (Fla. App. Ct. 2018)

. . . the State filed a notice of intent to introduce child hearsay statements at trial pursuant to section 90.803 . . . Third, pursuant to section 90.803(23), the State could seek to have the alleged victim testify as to . . . Section 90.803(23), Florida Statutes, provides: 90.803. . . .

MOSCATIELLO, v. STATE, 247 So. 3d 11 (Fla. App. Ct. 2018)

. . . each part of the combined statements conforms with an exception to the hearsay rule as provided in s. 90.803 . . .

E. EVANS, v. STATE, 248 So. 3d 155 (Fla. App. Ct. 2018)

. . . erred in admitting the 911 tape because it did not meet the excited utterance exception of section 90.803 . . .

THOMPSON, v. STATE, 247 So. 3d 706 (Fla. App. Ct. 2018)

. . . (1) or an excited utterance under section 90.803(2), Florida Statutes (2016). . . . Spontaneous statement, § 90.803(1) Section 90.803(1) allows for the introduction of a hearsay statement . . . Excited utterance, § 90.803(2) Another exception to the hearsay rule is an excited utterance pursuant . . . to section 90.803(2), which provides as follows: "(2) Excited Utterance. . . . (1) and/or an excited utterance pursuant to section 90.803(2), we affirm the judgment and sentence on . . .

STATE v. CRUMBLEY, v. Jo, 247 So. 3d 666 (Fla. App. Ct. 2018)

. . . (quoting § 90.803(8), Fla. Stat. (1999) ). . . .

DEUTSCHE BANK NATIONAL TRUST COMPANY, v. A. SHEWARD, 245 So. 3d 890 (Fla. App. Ct. 2018)

. . . See § 90.803(6)(a), Fla. Stat. (2008). . . . RECORDS EXCEPTION It is undisputed that Ocwen's records were offered into evidence pursuant to section 90.803 . . .

KHAN, v. STATE, 243 So. 3d 506 (Fla. App. Ct. 2018)

. . . In its answer brief, the State also urges us to consider the applicability of sections 90.803(6) or ( . . . not persuaded that the DAVID records in this case could qualify as a hearsay exception under section 90.803 . . . even assuming that the DAVID records could have qualified as a public records exception under section 90.803 . . . inadmissible hearsay because "[e]ven if the ID qualified as a public record for the purpose of the section 90.803 . . .

J. JENKINS, v. STATE, 242 So. 3d 499 (Fla. App. Ct. 2018)

. . . a notice to rely on this statement at trial as the statement of a child victim pursuant to section 90.803 . . . Jenkins does not argue that the trial court's findings were inadequate under section 90.803(23), Florida . . .

PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP, d b a v. DIVISION OF ADMINISTRATIVE HEARINGS A. B. a, 243 So. 3d 985 (Fla. App. Ct. 2018)

. . . See § 90.803(3)(a) 1, Fla. Stat. (2014). . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 238 So. 3d 192 (Fla. 2018)

. . . Stat.) or statements by a defendant ( § 90.803(18), Fla. Stat.). . . .

DEUTSCHE BANK TRUST COMPANY AMERICAS, FOR RESIDENTIAL ACCREDIT LOANS, INC. MORTGAGE ASSET BACKED PASS- THROUGH CERTIFICATES SERIES v. MERCED, Jr., 238 So. 3d 438 (Fla. App. Ct. 2018)

. . . Section 90.803(6), Florida Statutes, provides that business records may be "shown by the testimony of . . . following: "(1) testimony of the records custodian or other qualified witness, pursuant to section 90.803 . . .

THOMPSON, v. STATE, 237 So. 3d 1160 (Fla. App. Ct. 2018)

. . . He argues that although the trial court made findings of reliability under section 90.803(23), the court . . . Section 90.803(23)(a)1., Florida Statutes (2015), makes admissible statements of children describing . . . The court must make specific findings of fact regarding its ruling under that provision, id. § 90.803 . . .

KELLER, v. RAMSEYER o b o A. R. B. R., 237 So. 3d 468 (Fla. App. Ct. 2018)

. . . Appellant's threshold claim of error relates to the admissibility of this testimony under section 90.803 . . .

L. JACKSON v. HOUSEHOLD FINANCE CORP. III III LLC As USA NA, a, 236 So. 3d 1170 (Fla. App. Ct. 2018)

. . . . § 90.803(6), Fla. Stat. (2014). . . . offering into evidence a certification or declaration using the "magic words" of the exception. §§ 90.803 . . . See §§ 90.803(6), 90.902(11), Fla. Stat. (2014). . . .

HYRE, v. STATE, 240 So. 3d 47 (Fla. App. Ct. 2018)

. . . See § 90.803(23), Fla. Stat. (2015). . . . R.B., 186 So.3d 544, 551 (Fla. 2d DCA 2015) (quoting § 90.803(23)(a)(1) ). . . . The trial court improperly admitted the sixteen-year-old victim's hearsay statements under section 90.803 . . . We have found no cases applying section 90.803(23) where the charge is unlawful sexual activity pursuant . . . This may be because section 90.803(23) was amended as of January 2014 to increase the age of the child . . .

R. MORRIS, v. STATE, 233 So. 3d 438 (Fla. 2018)

. . . . § 90.803(18), Fla. Stat. . . .

BANK OF NEW YORK MELLON, v. C. BEAUFORT,, 238 So. 3d 365 (Fla. App. Ct. 2017)

. . . witness's testimony "established a sufficient foundation for the records' admissibility under section 90.803 . . . the witness's testimony met all the necessary foundational requirements for admission under section 90.803 . . .

GREEN TREE SERVICING, LLC n k a LLC, v. G. ATCHISON, LLC,, 230 So. 3d 635 (Fla. Dist. Ct. App. 2017)

. . . not'trustworthy and was inadmissible under the business records exception to the hearsay rule codified at section 90.803 . . . that the trial court erred in ruling that the assignment of mortgage was inadmissible under section 90.803 . . .

TRAMONTANA, a No. v. BANK OF NEW YORK MELLON f k a, 230 So. 3d 601 (Fla. Dist. Ct. App. 2017)

. . . See § 90.803(6), Fla. Stat. (2014). . . .

DEUTSCHE BANK NATIONAL TRUST COMPANY, v. DE BRITO,, 235 So. 3d 972 (Fla. Dist. Ct. App. 2017)

. . . The business records exception, section 90.803(6), Florida Statutes (2016), allows a party to introduce . . .

CURRAN, v. STATE, 229 So. 3d 1266 (Fla. Dist. Ct. App. 2017)

. . . testimony from 4 witnesses who testified as to the victim’s out-of-court statements because section 90.803 . . .

EDWARDS, v. D. THOMAS, M. D., 229 So. 3d 277 (Fla. 2017)

. . . Not only are records which are routinely and frequently made by the business admissible under section 90.803 . . .

ANDERSON, v. STATE, 229 So. 3d 383 (Fla. Dist. Ct. App. 2017)

. . . well-established that a child victim’s hearsay statement which qualifies for the statutory exception in section 90.803 . . .

BAYVIEW LOAN SERVICING, LLC, v. KAY,, 227 So. 3d 779 (Fla. Dist. Ct. App. 2017)

. . . Section 90.803(6), Florida Statutes (2014), permits the admission of business records into evidence that . . . Section 90.803(6)(a), Florida Statutes, allows for any “qualified witness” to demonstrate the personal . . . While section 90.803(6)(a) allows courts to exclude records if the circumstances indicate untrustworthiness . . .

ROOP, DOC v. STATE, 228 So. 3d 633 (Fla. Dist. Ct. App. 2017)

. . . condition made while the declarant was under the stress of excitement caused by the event or condition,” § 90.803 . . . except when such statement is made under circumstances that indicate its lack of trustworthiness,” § 90.803 . . . consider whether the statement was, alternatively, admissible as a "spontaneous statement” under section 90.803 . . . So.2d at 951-52 (holding that statement during phone call about fight was inadmissible under section 90.803 . . . See § 90.803(1), (2), Fla. Stat. (2014). . . . was] made while the declarant was under the stress of excitement caused by the event or condition.” § 90.803 . . . assuming that it was hearsay, it was still admissible under the excited utterance exception of section 90.803 . . . requires the same conclusion—the trial court decided that that the statement was admissible under section 90.803 . . .

M. RIGBY, v. BANK OF NEW YORK MELLON, f k a FOR CERTIFICATEHOLDERS OF CWMBS, INC., 228 So. 3d 183 (Fla. Dist. Ct. App. 2017)

. . . sufficient evi-dentiary foundation must be provided to admit business records over a hearsay objection, § 90.803 . . . See § 90.803(6)(a); Yisrael; Burdeshaw; Hunter v. . . .

BECKMAN, v. STATE, 230 So. 3d 77 (Fla. Dist. Ct. App. 2017)

. . . See § 90.803(2), Fla. Stat. (2013). . . . startling event ... made while the declarant was under the stress of excitement caused by the event.” § 90.803 . . .

NORTHROP GRUMMAN SYSTEMS CORPORATION, v. F. BRITT,, 226 So. 3d 1059 (Fla. Dist. Ct. App. 2017)

. . . who prepared a pathology report and could authenticate the report as a business record under section 90.803 . . .

NORTHROP GRUMMAN SYSTEMS CORPORATION, v. F. BRITT,, 241 So. 3d 208 (Fla. App. Ct. 2017)

. . . who prepared a pathology report and could authenticate the report as a business record under section 90.803 . . .

HAMILTON DOWNS HORSETRACK, LLC, v. STATE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI- MUTUEL WAGERING,, 226 So. 3d 1046 (Fla. Dist. Ct. App. 2017)

. . . See § 90.803(18)(d), Fla. Stat. . . .

PHILIP MORRIS USA, INC. R. J. v. POLLARI,, 228 So. 3d 115 (Fla. Dist. Ct. App. 2017)

. . . . § 90.803(8), Fla. Stat. (2015); see also Lee v. Dep't of Health & Rehab. . . . See § 90.803(8), Fla. Stat.; Yisrael, 993 So.2d at 959. The Lee case is dispositive of this issue. . . . Section 90.803(18)(b) defines an adoptive ádmission as “[a] statement that is offered against a party . . . Under section 90.803(18)(b), certain statements made or adopted by an opposing party are admissible and . . . See § 90.803(18)(b), Fla.' Stat. . . .

J. B. M. W. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 229 So. 3d 412 (Fla. Dist. Ct. App. 2017)

. . . Section 90.803(23)(a), Florida Statutes (2016), provides—under specific circumstances—for the admission . . . time, content, and circumstances of the statement provide sufficient safeguards of reliability.” § 90.803 . . . statement is admissible only if “there is other corroborative evidence of the abuse or offense.” § 90.803 . . .

SAJIUN, v. HERNANDEZ,, 226 So. 3d 875 (Fla. Dist. Ct. App. 2017)

. . . before trial and the defense did not make the evidence available for inspection, in violation of section 90.803 . . . notice of its intent to rely on the affidavit in its “Trial Brief’ filing and thus complied with section 90.803 . . . Section 90.803(6)(c), Florida Statutes (2015), provides in pertinent part: A party intending to offer . . . See § 90.803(6)(c), Fla! Stat. . . . .

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

. . . admissible either as an excited utterance (and therefore an exception to the hearsay rule, . see §■ 90.803 . . .

STATE v. B. BOUGHS,, 220 So. 3d 1280 (Fla. Dist. Ct. App. 2017)

. . . See § 90.803(3)(a), Fla. Stat, (2015). . . .

RING POWER CORPORATION v. CONDADO- PEREZ, 219 So. 3d 1028 (Fla. Dist. Ct. App. 2017)

. . . Condado’s statement within the report were subject to an exception under section 90.803. . . . Condado’s statement was an admission, and therefore admissible pursuant to . section 90.803(18)(a), we . . . [t]he party’s own statement in either an individual or a representative capacity.” § 90.803(18)(a). . . . (“If a statement is offered as substantive evidence under [section 90.803(18) ] it is not necessary to . . . (“The evidence [meeting the requirements of section 90.803(18) as an admission] is' admissible under . . .

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

. . . .” § 90.803(2), Fla. Stat. (2012). . . . made contemporaneously with the events described—may fit more neatly under the exception in section 90.803 . . . Under section 90.803(2) the statement must only relate to the event causing the excitement. . . . Section 90.803(1) is limited to statements that describe or explain the event. . . . addition, an exciting event or condition is not required for a spontaneous statement under section 90.803 . . .

COZZIE, v. STATE, 225 So. 3d 717 (Fla. 2017)

. . . provided the defendant is accorded a fair opportunity to rebut any hearsay statements”); see also § 90.803 . . .

S. EVANS, v. HSBC BANK, USA, NATIONAL ASSOCIATION s, 223 So. 3d 1059 (Fla. Dist. Ct. App. 2017)

. . . See § 90.803(6)(a). . . .

COATES, v. STATE, 217 So. 3d 1048 (Fla. Dist. Ct. App. 2017)

. . . Florida’s business records exception to the rule against hearsay is codified in section 90.803(6), Florida . . .

MORRIS, v. STATE, 219 So. 3d 33 (Fla. 2017)

. . . . § 90.803(18), Fla. Stat. . . .

CARTER, v. STATE, 226 So. 3d 268 (Fla. Dist. Ct. App. 2017)

. . . . § 90.803(18)(a), Fla. Stat. (2014). . . .

C. GAYLE, v. STATE, 216 So. 3d 656 (Fla. Dist. Ct. App. 2017)

. . . See § 90.803(6), Fla. Stat. (2015); Yisrael v. State, 993 So.2d 952, 956 (Fla. 2008). . . . See § 90.803(18), Fla. Stat. (2015). . . . The State relies here on the exception found in section 90.803(18)(a), which allows the admission of . . . Appellant’s primary argument, however, is not whether his statement was admissible under section 90.803 . . . See § 90.803(6), Fla. Stat. (2015). . . . See § 90.803(18)(a), Fla. Stat. . . .

BANK OF NEW YORK MELLON f k a N. A. FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II TRUST, v. L. VESSELS, Jr. D., 214 So. 3d 797 (Fla. Dist. Ct. App. 2017)

. . . . § 90.803(6), Fla. Stat. (2014). . . .

R. WILLIAMS, v. STATE, 215 So. 3d 656 (Fla. Dist. Ct. App. 2017)

. . . testimony was not hearsay because it fell under the business records exception outlined in section 90.803 . . .

ROBARDS, v. STATE, 214 So. 3d 568 (Fla. 2017)

. . . See § 90.803(18)(a), Fla. Stat. (2014). . . .

JPMORGAN CHASE BANK NATIONAL ASSOCIATION, v. PIERRE, 215 So. 3d 633 (Fla. Dist. Ct. App. 2017)

. . . Pursuant to section 90.803(6)(a), Florida Statutes (2013), in order to admit business records which would . . . admission of a business record may be established by a records custodian or other qualified witness. § 90.803 . . .

N. DIGIOVANNI, v. DEUTSCHE BANK NATIONAL TRUST COMPANY f k a N. a n k a n k a If a s Is s a s Is, 226 So. 3d 984 (Fla. Dist. Ct. App. 2017)

. . . See § 90.803(6), (8); see also Whitley v. State, 1 So.3d 414, 415 (Fla. 1st DCA 2009). . . .

LIVINGSTON, v. STATE, 219 So. 3d 911 (Fla. Dist. Ct. App. 2017)

. . . .” § 90.803(2), Fla. Stat. (2012). . . .

O. W. a v. STATE, 227 So. 3d 654 (Fla. Dist. Ct. App. 2017)

. . . estimates may ■ suffice, so long as they satisfy the requirements of business records under section 90.803 . . .

THERMOSET CORPORATION, a f. k. a. v. BUILDING MATERIALS CORP OF AMERICA, a d. b. a. GAF LLC, a, 849 F.3d 1313 (11th Cir. 2017)

. . . . § 90.803(22) (providing an exception to hearsay for former testimony); Fla. R. Civ. P. 1.330. . . .

IN RE AMENDMENTS TO FLORIDA EVIDENCE CODE, 210 So. 3d 1231 (Fla. 2017)

. . . to the extent it is procedural, chapter 2014-200, section 1, Laws of Florida, which amended section 90.803 . . . Committee did not receive any comments addressing its recommendation to adopt the changes to section 90.803 . . . No comments were filed with the Court concerning the amendments to section 90.803(24). . . . Amendments to Section 90.803(24) Chapter 2014-200, section 1, Laws of Florida, amended section 90.803 . . . Evidence Code, 782 So.2d at 341-42 (declining to adopt amendments to section 90.803(22), Florida Statutes . . .

NOCK, v. STATE, 211 So. 3d 321 (Fla. Dist. Ct. App. 2017)

. . . Self-serving statements are generally inadmissible under section 90.803(18), Florida Statutes (2014). . . .

CALLOWAY, v. STATE, 210 So. 3d 1160 (Fla. 2017)

. . . State, 104 So.3d 990, 1000 (Fla. 2012) (citing § 90.803(18), Fla. Stat. (2007)). . . . Neither section 90.803 nor section 90.108 has been substantially altered since 1997, the year of these . . .

WASHBURN, v. Y. WASHBURN,, 211 So. 3d 87 (Fla. Dist. Ct. App. 2017)

. . . One statutory exception to hearsay is the business records exception. § 90.803(6). . . . . § 90.803(6)(a). . . . .” § 90.803(6)(c), The bank records here were clearly hearsay—they were statements made by the husband . . . The question before us is whether either Rule 12.285 (relied upon by the trial court) or section 90.803 . . . See § 90.803(6)(a). . . .

FONSECA v. TAVERNA IMPORTS, INC., 212 So. 3d 431 (Fla. Dist. Ct. App. 2017)

. . . See § 90.803(18) (authorizing admission of a statement "that is offered against a party and is... . . .

SPROUSE, v. STATE, 208 So. 3d 785 (Fla. Dist. Ct. App. 2016)

. . . Section 90.803(24), Florida Statutes, creates a hearsay exception for “out-of-court statements] made . . . Id. § 90.803(24)(a)l. . . . Id. § 90.803(24)(b). . . . Id. § 90.803(24)(a)2. B. . . . Stat. (2015); see also § 90.803(24)(a)2, and it does not reach the circumstance in which a declarant . . .

B. LAHENS, v. STATE, 204 So.3d 982 (Fla. Dist. Ct. App. 2016)

. . . He maintains that this testimony was admissible pursuant to section 90.803 of the Florida Statutes (2012 . . . Section 90.803(22) provides: 90.803. . . . The defendant challenges this ruling, asserting error based on the court’s failure to address section 90.803 . . .

S M TRANSPORTATION, INC. v. NORTHLAND INSURANCE COMPANY,, 208 So. 3d 230 (Fla. Dist. Ct. App. 2016)

. . . “business records” can be admissible in evidence as an exception to the hearsay rule under section 90.803 . . . (citing § 90.803(6)(a), Fla. Stat. (2004)). . . . See § 90.803(6)(a), Fla. Stat. (2015). . . .

CABRERA, v. STATE, 206 So.3d 768 (Fla. Dist. Ct. App. 2016)

. . . and reliable, the trial court satisfied what the statute and our precedents require for purposes of § 90.803 . . . See § 90.803(23), Fla. Stat. . . . No statute or case, for instance, deems hearsay statements unfit for purposes of § 90.803(23) simply . . . My point is not that his trial remedied a § 90.803(23) evidentiary error (it didn’t, and wouldn’t even . . . See § 90.803(23)(a)(l); Townsend, 635 So.2d at 957-58. . . . .” § 90.803(23)(a)(1).... . . . Section 90.803(23)(a), Florida Statutes (2012), provides in pertinent part that “[u]nless the source . . . In addition to the factors suggested in section 90.803(23)(a)l., “[ojther factors may include, but are . . . A trial court must make specific findings of fact on the record as to the basis of its ruling. § 90.803 . . . “[I]t is essential that the trustworthiness and reliability requirements of section 90.803(23) be strictly . . . In 1985, the Legislature enacted section 90.803(23), creating a hearsay exception for a child victim’ . . . Townsend, 635 So.2d at 954; see also § 90.803(23)(a)(2), Fla. Stat. (2015). . . . See, e.g., § 90.803(1), Fla. . . . There are no bright lines between orders that satisfy section 90.803(23)’s strict requirements and those . . .

ROLLE, v. STATE, 215 So. 3d 75 (Fla. Dist. Ct. App. 2016)

. . . conclude that Senobi’s statement was properly admitted because it was an “excited utterance,” see § 90.803 . . .

CHANNELL, v. STATE, 200 So. 3d 247 (Fla. Dist. Ct. App. 2016)

. . . We nonetheless affirmed because we concluded the state had laid a proper predicate under section 90.803 . . . been vital to proving a “business record” exception to the hearsay rule as contemplated in section 90.803 . . .

OCWEN LOAN SERVICING, LLC, v. GUNDERSEN, 204 So.3d 530 (Fla. Dist. Ct. App. 2016)

. . . record, or data compilation, all as shown by the testimony of the custodian or other qualified witness § 90.803 . . .

PLATT, Jr. v. STATE, 201 So. 3d 775 (Fla. Dist. Ct. App. 2016)

. . . Later in the trial, the State sought to introduce, under the child hearsay rule in section 90.803(23) . . . And the responses' by the alleged victim are sufficient to warrant the Court’s allowing in 90.803(23) . . . Section 90.803(23), Florida Statutes (2016), sets forth the standard for admitting hearsay statements . . . Section 90.803(23) provides a non-exhaustive list of factors for ’ the trial court to consider. § 90.803 . . . See § 90.803(23)(a)2., Fla. Stat. . . . 659 So.2d 388, 392 (Fla. 2d DCA 1995) (failure to make findings of reliability required by section 90.803 . . . State, 618 So.2d 346, 349 (Fla. 2d DCA 1993) (insufficient findings under section 90.803(23), Florida . . .

J. C. O. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 199 So. 3d 429 (Fla. Dist. Ct. App. 2016)

. . . statement would have been hearsay, but still admissible as an admission against interest under section 90.803 . . .

GRANADOS, v. STATE, 199 So. 3d 384 (Fla. Dist. Ct. App. 2016)

. . . that it intended to offer both statements at trial as child hearsay statements pursuant to section 90.803 . . . Section 90.803(23)(a), Florida Statutes (2015), sets forth the standard for admitting hearsay statements . . . unavailable as a witness, provided that there is other corroborative evidence of the abuse or offense. § 90.803 . . .

MARTINEZ, v. BANK OF NEW YORK MELLON,, 198 So. 3d 911 (Fla. Dist. Ct. App. 2016)

. . . the requisite foundational questions for admission of the documents as business records under section 90.803 . . .

DIX, v. STATE, 196 So. 3d 547 (Fla. Dist. Ct. App. 2016)

. . . See § 90.803(18), Fla. Stat. (2014). . . .

H. ADAMS, Jr. v. STATE, 195 So. 3d 424 (Fla. Dist. Ct. App. 2016)

. . . See § 90.803(1), Fla. Stat. (2014) (“[T]he following are not inadmissible as evidence ... . . .

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

. . . . § 90.803(6)(a), Fla. Stat. (2014). The trial court agreed. . . .

DEUTSCHE BANK NATIONAL TRUST COMPANY v. KUMMER,, 195 So. 3d 1173 (Fla. Dist. Ct. App. 2016)

. . . .’ § 90.803(6)(a), Fla. Stat. (2003).”). . . . .

FLOYD, v. BANK OF AMERICA, N. A., 194 So. 3d 1071 (Fla. Dist. Ct. App. 2016)

. . . Section 90.803(6)(a) sets out the business records exception and reads, in part: (6) Records of regularly . . . witness, ... unless the sources of information or other circumstances show lack of trustworthiness .... § 90.803 . . .

A. G. v. DEPARTMENT OF CHILDREN AND FAMILIES Ad, 193 So. 3d 1097 (Fla. Dist. Ct. App. 2016)

. . . . § 90.803(23), Fla. . . .

J. L. a v. STATE, 193 So. 3d 1062 (Fla. Dist. Ct. App. 2016)

. . . argue this issue, we also note that the recorded recollection exception to hearsay codified at section 90.803 . . . possessed of an imperfect present recollection and desires to use a memorandum or a past recollection.”); § 90.803 . . .

WELLS FARGO BANK, N. A. v. OUSLEY a k a E. Jr., 212 So. 3d 1056 (Fla. Dist. Ct. App. 2016)

. . . See §§ 90.803(8) & (14), Fla. Stat. (2015); see also Sproule v. . . .

L. HALLIDAY, v. STATE, 192 So. 3d 630 (Fla. Dist. Ct. App. 2016)

. . . Out-of-court statements of a child witness are permitted as an exception to hearsay under section 90.803 . . . unavailable as a witness, provided that there is other corroborative evidence of the abuse or offense.... § 90.803 . . .

WILMINGTON SAVINGS FUND SOCIETY, FSB, v. ALDAPE,, 192 So. 3d 635 (Fla. Dist. Ct. App. 2016)

. . . regularly conducted business activity and therefore admissible under the hearsay exception of section 90.803 . . . of objection to the evidence, but the court for good cause shown may grant relief from the waiver. § 90.803 . . .

BOGATOV, v. CITY OF HALLANDALE BEACH, 192 So. 3d 600 (Fla. Dist. Ct. App. 2016)

. . . from a .height several feet off the ground are admissible as an exception to hearsay under section 90.803 . . . Section 90.803(4), states: (4) Statements for purposes of medical diagnosis or treatment.- — Statements . . . Charles Ehrhardt, Florida Evidence § 90.803(4), at 883 (2011 ed.). . . . such summary judgment evidence as proper, even if the trial court did not. , As noted below, section 90.803 . . . knowledge of the facts and is legally responsible for the person who is unable to communicate the facts.” § 90.803 . . .