§ 90.102, Fla. Stat. — Construction
Plain English
Short, but foundational. Where the Florida Evidence Code conflicts with older statutes or common-law evidence rules, the Code wins — it replaces and supersedes them. In other words, Chapter 90 is the controlling source of Florida evidence law; you don’t fall back on pre-Code doctrine where the Code has spoken.
From the Courtroom
Occasionally someone reaches for an old common-law evidence rule that the Code quietly replaced. 90.102 is the short answer: if Chapter 90 covers the point, the pre-Code rule is gone. Start with the statute — not a decades-old treatise — and you’re on solid ground.
Key Points & Authority
- § 90.102, Fla. Stat. — The Evidence Code replaces and supersedes existing statutory or common law that conflicts with its provisions.
- Chapter 90 is the controlling source of Florida evidence law where it applies.
- Federal parallel: Fed. R. Evid. 402 reflects a similar supersession principle (relevant evidence admissible unless the rules or other law provide otherwise).
Federal Parallel
The closest federal analog is the structure of Fed. R. Evid. 402 (and the rules’ general primacy under FRE 101) — the codified rules control over inconsistent prior practice.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
This chapter shall replace and supersede existing statutory or common law in conflict with its provisions.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.102 provides that the Evidence Code replaces and supersedes existing statutory or common law in conflict with its provisions — making Chapter 90 the controlling source of Florida evidence law.