§ 90.103, Fla. Stat. — Scope; Applicability
Plain English
This sets the Evidence Code’s reach. Unless a statute says otherwise, the Code applies to the same kinds of proceedings the general law of evidence applied to before it took effect. For criminal cases, it governs crimes committed after the Code’s effective date; for civil actions and other proceedings, it applies to anything pending on or brought after October 1, 1981. One carve-out worth knowing: the Code does not repeal or modify the parol evidence rule — that contract-law doctrine about prior or contemporaneous agreements lives outside Chapter 90.
From the Courtroom
The line people miss: the parol evidence rule isn’t an “evidence” rule you’ll find in Chapter 90 — it’s substantive contract law, expressly left untouched by 90.103(3). Argue it as a 90-series objection and you’re in the wrong book; argue it as contract law and you’re home.
Key Points & Authority
- § 90.103, Fla. Stat. — The Code applies to the proceedings the general law of evidence formerly governed; to crimes committed after its effective date; and to civil/other proceedings pending on or after October 1, 1981.
- (3) The Code does not repeal or modify the parol evidence rule (a substantive contract-law doctrine).
- Federal parallel: Fed. R. Evid. 101 & 1101 (scope and applicability).
Federal Parallel
The federal counterparts are Fed. R. Evid. 101 (scope) and FRE 1101 (applicability to proceedings and exceptions), which together fix the reach of the federal rules much as § 90.103 does for Florida.
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)
(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 proceedings pending on or brought after October 1, 1981.
(3) Nothing in this act shall operate to repeal or modify the parol evidence rule.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.103 sets the Evidence Code’s reach: it applies to the proceedings the general law of evidence formerly governed, to crimes committed after its effective date, and to civil/other proceedings pending on or after October 1, 1981, and does not repeal or modify the parol evidence rule.