Hearsay; definitions; exceptions.
F.S. 90.801
in effect(1)
The following definitions apply under this chapter:
(a)
A “declarant” is a person who makes a statement.
(b)
“Hearsay” is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
(c)
A “statement” is:
1.
An oral or written assertion; or
2.
Nonverbal conduct of a person if it is intended by the person as an assertion.
(2)
A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement and the statement is:
(a)
Inconsistent with the declarant’s testimony and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding or in a deposition;
(b)
Consistent with the declarant’s testimony and is offered to rebut an express or implied charge against the declarant of improper influence, motive, or recent fabrication; or
(c)
One of identification of a person made after perceiving the person.
Source: FL Statutes (Official Site)URL: https://www.flsenate.gov/Laws/Statutes/2025/Chapter90/AllFetched: 7/8/2026