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Florida Evidence Code – 2026

The Florida Evidence Code (Chapter 90, Florida Statutes) governs the admissibility of evidence in Florida courts, covering relevancy, privileges, witnesses, expert testimony, hearsay, and authentication. Includes plain-English summaries.

Browse all 88 rules of the 2026 edition below. Each rule includes the full text, a plain-English summary, committee notes, amendment history, and cross-references to related rules. Use the search box to find rules by keyword or number.

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General Provisions Judicial Notice Presumptions Relevancy and Admissibility Privileges Witnesses Expert Testimony Hearsay Authentication Photographs Documentary Evidence

General Provisions

Rule 90.101 Short title Rule 90.102 Construction Rule 90.103 Scope; applicability Rule 90.104 Rulings on evidence Rule 90.105 Preliminary questions Rule 90.106 Summing up and comment by judge Rule 90.107 Limited admissibility Rule 90.108 Introduction of related writings or recorded statements

Judicial Notice

Rule 90.201 Matters which must be judicially noticed Rule 90.202 Matters which may be judicially noticed Rule 90.203 Compulsory judicial notice upon request Rule 90.2035 Judicial notice of information taken from web mapping services, global satellite imaging sites, or Internet mapping tools Rule 90.204 Determination of propriety of judicial notice and nature of matter noticed Rule 90.205 Denial of a request for judicial notice Rule 90.206 Instructing jury on judicial notice Rule 90.207 Judicial notice by trial court in subsequent proceedings

Presumptions

Rule 90.301 Presumption defined; inferences Rule 90.302 Classification of rebuttable presumptions Rule 90.303 Presumption affecting the burden of producing evidence defined Rule 90.304 Presumption affecting the burden of proof defined

Relevancy and Admissibility

Rule 90.401 Definition of relevant evidence Rule 90.402 Admissibility of relevant evidence Rule 90.4025 Admissibility of paternity determination in certain criminal prosecutions Rule 90.4026 Statements expressing sympathy; admissibility; definitions Rule 90.403 Exclusion on grounds of prejudice or confusion Rule 90.404 Character evidence; when admissible Rule 90.405 Methods of proving character Rule 90.406 Routine practice Rule 90.407 Subsequent remedial measures Rule 90.408 Compromise and offers to compromise Rule 90.409 Payment of medical and similar expenses Rule 90.410 Offer to plead guilty; nolo contendere; withdrawn pleas of guilty

Privileges

Rule 90.501 Privileges recognized only as provided Rule 90.5015 Journalist’s privilege Rule 90.502 Lawyer-client privilege Rule 90.5021 Fiduciary lawyer-client privilege Rule 90.503 Psychotherapist-patient privilege Rule 90.5035 Sexual assault counselor-victim privilege Rule 90.5036 Domestic violence advocate-victim privilege Rule 90.5037 Human trafficking victim advocate-victim privilege Rule 90.504 Husband-wife privilege Rule 90.505 Privilege with respect to communications to clergy Rule 90.5055 Accountant-client privilege Rule 90.506 Privilege with respect to trade secrets Rule 90.507 Waiver of privilege by voluntary disclosure Rule 90.508 Privileged matter disclosed under compulsion or without opportunity to claim privilege Rule 90.509 Application of privileged communication Rule 90.510 Privileged communication necessary to adverse party

Witnesses

Rule 90.601 General rule of competency Rule 90.603 Disqualification of witness Rule 90.604 Lack of personal knowledge Rule 90.605 Oath or affirmation of witness Rule 90.606 Interpreters and translators Rule 90.6063 Interpreter services for deaf persons Rule 90.607 Competency of certain persons as witnesses Rule 90.608 Who may impeach Rule 90.609 Character of witness as impeachment Rule 90.610 Conviction of certain crimes as impeachment Rule 90.611 Religious beliefs or opinions Rule 90.612 Mode and order of interrogation and presentation Rule 90.613 Refreshing the memory of a witness Rule 90.614 Prior statements of witnesses Rule 90.615 Calling witnesses by the court Rule 90.616 Exclusion of witnesses

Expert Testimony

Rule 90.701 Opinion testimony of lay witnesses Rule 90.702 Testimony by experts Rule 90.703 Opinion on ultimate issue Rule 90.704 Basis of opinion testimony by experts Rule 90.705 Disclosure of facts or data underlying expert opinion Rule 90.706 Authoritativeness of literature for use in cross-examination

Hearsay

Rule 90.801 Hearsay; definitions; exceptions Rule 90.802 Hearsay rule Rule 90.803 Hearsay exceptions; availability of declarant immaterial Rule 90.804 Hearsay exceptions; declarant unavailable Rule 90.805 Hearsay within hearsay Rule 90.806 Attacking and supporting credibility of declarant

Authentication

Rule 90.901 Requirement of authentication or identification Rule 90.902 Self-authentication Rule 90.903 Testimony of subscribing witness unnecessary

Photographs

Rule 90.91 Photographs of property wrongfully taken; use in prosecution, procedure; return of property to owner

Documentary Evidence

Rule 90.951 Definitions Rule 90.952 Requirement of originals Rule 90.953 Admissibility of duplicates Rule 90.954 Admissibility of other evidence of contents Rule 90.955 Public records Rule 90.956 Summaries Rule 90.957 Testimony or written admissions of a party Rule 90.958 Functions of court and jury

Frequently Asked Questions

What does the Florida Evidence Code cover and when does it apply?
The Florida Evidence Code (Chapter 90, Florida Statutes) sets the rules for what evidence can be admitted in Florida state court proceedings, covering topics like relevancy, witness testimony, expert opinions, hearsay, privileges, and how documents and recordings must be authenticated. It applies in civil and criminal cases heard in Florida state courts. The 88 rules in this set work together to give judges a framework for deciding what the jury or fact-finder is allowed to see and hear.
How does the Florida Evidence Code differ from the Federal Rules of Evidence?
The Florida Evidence Code and the Federal Rules of Evidence share a similar structure and many overlapping concepts, since Florida modeled its code partly on the federal rules, but they are separate bodies of law with real differences in the details. Florida state courts follow the Florida Evidence Code, while federal courts sitting in Florida follow the Federal Rules of Evidence. If you are researching a case, it matters a great deal which court system is involved, so it is worth confirming jurisdiction before relying on either rule set.
Where in the Florida Evidence Code can I find rules about hearsay or witness privileges?
Hearsay rules, including the definition of hearsay and its many exceptions, are found in Sections 90.801 through 90.806 of Chapter 90. Privilege rules, covering topics like attorney-client, physician-patient, and spousal communications, appear in Sections 90.501 through 90.510. The plain-English summaries on each rule page can help you quickly identify whether a specific section covers what you are looking for.