§ 90.802, Fla. Stat. — The Hearsay Rule
Plain English
One sentence, enormous reach: except as provided by statute, hearsay evidence is inadmissible. That’s the default — out-of-court statements offered for their truth (see § 90.801) stay out, unless a statute carves an exception. And Florida has carved a lot of them: the long lists in § 90.803 (exceptions that apply whether or not the declarant is available) and § 90.804 (exceptions that apply only when the declarant is unavailable). Notice Florida’s phrasing — “except as provided by statute” — which keeps the exceptions tied to the Legislature’s text rather than to judge-made rules.
From the Courtroom
“Objection, hearsay” is the most reflexive two words in any courtroom — but the real work starts after the judge looks up. The proponent has to land on a specific exception by number, fast, or the statement dies on the spot. Knowing 90.803 and 90.804 cold is the difference between your evidence coming in and watching it vanish.
Key Points & Authority
- § 90.802, Fla. Stat. — Hearsay is inadmissible except as provided by statute.
- §§ 90.803 & 90.804: the statutory exceptions — 90.803 (availability of declarant immaterial) and 90.804 (declarant unavailable).
- Federal parallel: Fed. R. Evid. 802 — same baseline rule of exclusion, with exceptions in FRE 803, 804, and 807 (residual).
Federal Parallel
The federal counterpart is Fed. R. Evid. 802. One notable difference: federal law has a “residual” hearsay exception (FRE 807) for trustworthy statements that fit no other category — Florida has no general residual exception of that kind.
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)
Except as provided by statute, hearsay evidence is inadmissible.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.802 states the baseline: except as provided by statute, hearsay is inadmissible. The statutory exceptions appear in §§90.803 (declarant availability immaterial) and 90.804 (declarant unavailable).