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Florida Statute 90.402 | Lawyer Caselaw & Research
F.S. 90.402 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 90.402

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.402
90.402 Admissibility of relevant evidence.All relevant evidence is admissible, except as provided by law.
History.s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.

F.S. 90.402 on Google Scholar

F.S. 90.402 on Casetext

Amendments to 90.402


Arrestable Offenses / Crimes under Fla. Stat. 90.402
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.402.



Annotations, Discussions, Cases:

Cases from cite.case.law:

THORNE, v. STATE, 271 So. 3d 177 (Fla. App. Ct. 2019)

. . . (citing §§ 90.402, 90.403, Fla. Stat.). . . .

WILLIAMS, v. STATE, 272 So. 3d 482 (Fla. App. Ct. 2019)

. . . See § 90.402, Fla. . . .

MENDEZ, v. STATE, 271 So. 3d 1093 (Fla. App. Ct. 2019)

. . . inextricably intertwined with the charged offense falls into the category of relevant evidence under section 90.402 . . . See Dorsett, 944 So.2d at 1213 ("Relevant evidence admitted under section 90.402 does not require notice . . . ."); see also Ehrhardt, supra, at § 404.17 ("Because the evidence is admissible under section 90.402, . . . State, 230 So.3d 77, 84 (Fla. 3d DCA 2017) ("Collateral evidence is admissible under section 90.402 if . . .

KING, v. STATE, 260 So. 3d 985 (Fla. 2018)

. . . variety of reasons, including: (1) the statements were irrelevant and prejudicial under sections 90.401, 90.402 . . .

IN RE AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE REGULAR- CYCLE REPORT., 258 So. 3d 1254 (Fla. 2018)

. . . defense with respect thereto, or to any similar fact evidence to be presented at trial under section 90.402 . . .

CAMPBELL, v. STATE v. L., 271 So. 3d 914 (Fla. 2018)

. . . Section 90.402, Florida Statutes (2018), provides: "All relevant evidence is admissible, except as provided . . . Dissimilar fact evidence is governed by section 90.402 and has been described as follows: [E]vidence . . . It is admissible under section 90.402 because "it is a relevant and inseparable part of the act which . . .

PERRY, v. STATE, 256 So. 3d 888 (Fla. App. Ct. 2018)

. . . ." § 90.402, Fla. Stat. (2017). . . .

D. SANDERS, v. STATE, 254 So. 3d 1038 (Fla. App. Ct. 2018)

. . . State , 162 So.3d 52, 54 (Fla. 4th DCA 2014) (citing § 90.402, Fla. Stat.). . . . evidence is ordinarily admissible, there is an exception where the evidence is precluded by law. § 90.402 . . .

PICKETT, v. STATE, 254 So. 3d 1162 (Fla. App. Ct. 2018)

. . . Collateral crimes evidence is admissible under section 90.402 of the Florida Statutes if it is a "relevant . . .

MACOMBER, v. STATE, 254 So. 3d 1098 (Fla. App. Ct. 2018)

. . . ." § 90.402, Fla. Stat. (2015). . . . in our analysis is whether this relevant evidence was otherwise inadmissible "as provided by law." § 90.402 . . .

VEACH, v. STATE, 254 So. 3d 624 (Fla. App. Ct. 2018)

. . . ." § 90.402, Fla. Stat. (2016). . . . Dissimilar fact evidence may be admissible under section 90.402, but like similar fact evidence its admissibility . . .

STRONG, v. STATE, 254 So. 3d 428 (Fla. App. Ct. 2018)

. . . See § 90.402, Fla. Stat. . . .

HAWTHORNE, v. STATE, 248 So. 3d 1261 (Fla. App. Ct. 2018)

. . . ." § 90.402, Fla. Stat. (2016). . . .

PIERRE, v. STATE, 246 So. 3d 545 (Fla. App. Ct. 2018)

. . . ." § 90.402, Fla. Stat. (2007). . . .

NEWTON, Jr. v. STATE, 237 So. 3d 386 (Fla. App. Ct. 2018)

. . . provides that '[a]ll relevant evidence is admissible, except as provided by law.' " Id. at 753 (quoting § 90.402 . . .

KIRKMAN, v. STATE, 233 So. 3d 456 (Fla. 2018)

. . . 90.404, Florida Statutes, whereas the latter is governed by the general rule of relevancy, .in section 90.402 . . . It is admissible under section 90.402 because “it is a relevant and inseparable part of the act which . . . Consequently, the trial court’s decision is reviewed under section 90.402 and the general rules of relevancy . . .

SEWELL, v. RACETRAC PETROLEUM, INC., 245 So. 3d 822 (Fla. App. Ct. 2017)

. . . ." § 90.402, Fla. Stat. (2017). . . .

BECKMAN, v. STATE, 230 So. 3d 77 (Fla. Dist. Ct. App. 2017)

. . . See § 90.402, Fla. . . . Rule notice at trial, it ultimately sought to introduce the witnesses’ testimony only under section 90.402 . . . Because the State’s argument is well taken, we address only the section 90.402 argument. . . . Collateral evidence is admissible under section 90.402 if it is a “relevant and inseparable part of the . . . Collateral crime evidence is admissible as relevant under section 90.402 of the Florida Statutes to show . . .

COFFEY, v. STATE, 228 So. 3d 179 (Fla. Dist. Ct. App. 2017)

. . . .” §§ 90.402 & 90.401, Fla. Stat. (2014). . . .

STEWART, v. D. DRALEAUS,, 226 So. 3d 990 (Fla. Dist. Ct. App. 2017)

. . . . §§ 90.401, 90.402, Fla. Stat. (2013). . . .

D. BALDINO, v. STATE, 225 So. 3d 257 (Fla. Dist. Ct. App. 2017)

. . . , or evidence which is inextricably intertwined with the crime charged, is admissible under section 90.402 . . .

CHARLES, v. STATE, 223 So. 3d 318 (Fla. Dist. Ct. App. 2017)

. . . Such evidence is admissible under section 90.402 because “it is a relevant and inseparable part of the . . .

DAVIS, Jr. v. STATE, 217 So. 3d 1006 (Fla. 2017)

. . . See §§ 90.402, 90.403, Fla. Stat. (2016). . . . See id. § 90.402. Mr. Elmore continued questioning Steward: A. . . .

SCOTT, v. STATE, 218 So. 3d 476 (Fla. Dist. Ct. App. 2017)

. . . Section 90.402, Florida Statutes (2014), provides that “[a]ll relevant evidence is admissible, except . . .

MORRIS, v. STATE, 219 So. 3d 33 (Fla. 2017)

. . . See §§ 90.401-90.402, Fla. Stat. . . .

OLIVER, v. STATE, 214 So. 3d 606 (Fla. 2017)

. . . See §§ 90.401-90.402, Fla. Stat. (2009). . . .

HUDSON, v. STATE, 213 So. 3d 941 (Fla. Dist. Ct. App. 2017)

. . . , or evidence which is inextricably intertwined with the crime charged” is admissible under section 90.402 . . .

TRUEHILL, v. STATE, 211 So. 3d 930 (Fla. 2017)

. . . evidence at issue was a mixture of Williams-rule evidence and evidence that was relevant under, section 90.402 . . . Dissimilar fact evidence is governed by section 90.402 and has been described as follows: [E]vidence . . . It is admissible under section 90.402 because “it is a relevant and inseparable part of the act which . . .

PORTILLO, v. STATE, 211 So. 3d 1135 (Fla. Dist. Ct. App. 2017)

. . . Therefore, the trial court had no way to know that Portillo’s objection was not to relevance under section 90.402 . . .

D. BOYLE, v. JA CUMMINGS, INC. FARA,, 212 So. 3d 1060 (Fla. Dist. Ct. App. 2017)

. . . See § 90.402, Fla. Stat. . . .

B. LAHENS, v. STATE, 204 So.3d 982 (Fla. Dist. Ct. App. 2016)

. . . examination; - provided, however, the court finds that the testimony is not inadmissible pursuant to s. 90.402 . . .

DAVIS, Jr. v. STATE, 207 So.3d 177 (Fla. 2016)

. . . .” §§ 90.402-403, Fla. Stat. (2012). . . .

BOWLES, v. STATE, 198 So. 3d 1055 (Fla. Dist. Ct. App. 2016)

. . . .” § 90.402, Fla. Stat. (2014). . . .

OKEECHOBEE AERIE FRATERNAL ORDER OF EAGLES, INC. v. WILDE, 199 So. 3d 333 (Fla. Dist. Ct. App. 2016)

. . . See § 90.402, Fla. Stat. (allowing only relevant evidence to be admitted). . . .

LOWE S HOME CENTERS, INC. CMS, v. K. BEEKMAN,, 187 So. 3d 318 (Fla. Dist. Ct. App. 2016)

. . . Given that the evidence code-in sections 90.401 and 90.402, Florida Statutes (2013), generally provides . . .

BANEGAS- MEMBRAN, v. STATE, 182 So. 3d 865 (Fla. Dist. Ct. App. 2016)

. . . .” § 90.402, Fla. Stat. (2014). . . .

TAYLOR, v. CULVER,, 178 So. 3d 550 (Fla. Dist. Ct. App. 2015)

. . . . § 90.402, Fla. Stat. (2014). . . .

L. BELL, Jr. v. STATE, 179 So. 3d 349 (Fla. Dist. Ct. App. 2015)

. . . hearing.”), Although this testimony obviously meets the foundational test for admissibility, see § 90.402 . . .

COTTON, v. STATE, 176 So. 3d 310 (Fla. Dist. Ct. App. 2015)

. . . pursuant to section 90.404(2)(b) must still be relevant to a material issue as required by section 90.402 . . .

ROMAN, v. STATE, 165 So. 3d 723 (Fla. Dist. Ct. App. 2015)

. . . . § 90.402. . . .

ORANGE, v. STATE, 149 So. 3d 74 (Fla. Dist. Ct. App. 2014)

. . . .” §§ 90.402-403, Fla. Stat. (2011). . . . See §§ 90.402-.403, Fla. Stat. (2011). . . . See §§ 90.402-403, Fla. Stat. (2011). . . .

STEWART, v. STATE, 147 So. 3d 119 (Fla. Dist. Ct. App. 2014)

. . . strict similarity requirement between the charged and collateral offenses had been abrogated by section 90.402 . . .

E. CASTANON, v. STATE Of, 162 So. 3d 52 (Fla. Dist. Ct. App. 2014)

. . . . § 90.402, Fla. Stat. (2012). . . . State, 639 So.2d 966, 968 (Fla.1994) (“It is admissible under section 90.402 because ‘it is a relevant . . . that evidence of a prior uncharged hand-to-hand transaction was properly admitted pursuant to section 90.402 . . .

SPIPNIEWSKI, v. STATE, 134 So. 3d 563 (Fla. Dist. Ct. App. 2014)

. . . November 25, 2011, we conclude this collateral crimes evidence was properly admitted under section 90.402 . . . stalking, see § 90.401 (“Relevant evidence is evidence tending to prove or disprove a material fact.”); § 90.402 . . . So.2d 1207,1213 (Fla. 3d DCA 2006) (finding that collateral crimes evidence-admitted under section 90.402 . . . admitted based on its relevance, and the admissibility of collateral crimes evidence under section 90.402 . . .

KALISZ, v. STATE, 124 So. 3d 185 (Fla. 2013)

. . . See § 90.402, Fla. Stat. (2008); Larkins v. State, 655 So.2d 95, 98 (Fla.1995) (citing Wyatt v. . . .

VICTORINO, v. STATE v. D., 127 So. 3d 478 (Fla. 2013)

. . . .” § 90.402, Fla. Stat. (2006). . . .

In AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, 123 So. 3d 1128 (Fla. 2013)

. . . defense with respect thereto, or to any similar fact evidence to be presented at trial under section 90.402 . . .

SMITH, v. STATE v. D., 126 So. 3d 1038 (Fla. 2013)

. . . .” § 90.402, Fla. Stat. (2006). . . . 87, 99 (Fla.2009) (“Dissimilar fact evidence of uncharged misconducl^-which is governed by section 90.402 . . .

GOSCIMINSKI, v. STATE, 132 So. 3d 678 (Fla. 2013)

. . . (citing § 90.402, Fla. Stat. (2004)). 1. . . . It is admissible under section 90.402 because “it is a relevant and inseparable part of the act which . . . Dissimilar fact evidence of uncharged misconduct — which is governed by section 90.402’s general rule . . . abuse its discretion in admitting Debra Thomas’s testimony as relevant evidence pursuant to section 90.402 . . . See §§ 90.401, 90.402, Fla. Stat. (2009). . . .

GRACE, v. STATE, 122 So. 3d 417 (Fla. Dist. Ct. App. 2013)

. . . The trial court properly admitted this evidence as relevant evidence under section 90.402, Florida Statutes . . .

YOUNG, v. STATE, 122 So. 3d 891 (Fla. Dist. Ct. App. 2013)

. . . Under section 90.402, Florida Statutes (2007), all relevant evidence is admissible except as provided . . .

A. GREGORY, v. STATE, 118 So. 3d 770 (Fla. 2013)

. . . .” § 90.402, Fla. Stat. (2011). . . .

JOHNSON, v. STATE, 112 So. 3d 564 (Fla. Dist. Ct. App. 2013)

. . . State, 22 So.3d 619, 621 (Fla. 4th DCA 2009); see also §§ 90.402, 90.403, 90.404(2), Fla. . . .

HILTON, v. STATE, 117 So. 3d 742 (Fla. 2013)

. . . section 90.404 govern similar fact evidence while the general rule of relevancy set forth in section 90.402 . . .

PETRUSCHKE, v. STATE, 125 So. 3d 274 (Fla. Dist. Ct. App. 2013)

. . . Williams, 992 So.2d 380, 333 (Fla. 3d DCA 2008); see also § 90.402, Fla. Stat. (2010). . . .

RITZ, Jr. v. STATE, 101 So. 3d 939 (Fla. Dist. Ct. App. 2012)

. . . or evidence which is inextricably intertwined with the crime charged ... is admissible under section 90.402 . . . not, such evidence is not “inextricably intertwined,” and therefore is not admissible under section 90.402 . . .

WALKER, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 495 F. App'x 13 (11th Cir. 2012)

. . . . § 90.402. . . .

ROLLE, v. STATE, 93 So. 3d 1230 (Fla. Dist. Ct. App. 2012)

. . . or evidence which is inextricably intertwined with the crime charged ... is admissible under section 90.402 . . .

DELHALL, v. STATE, 95 So. 3d 134 (Fla. 2012)

. . . Miller, 42 So.3d at 224; see also § 90.402-.403, Fla. Stat. (2008). . . .

L. JACKSON, Jr. v. STATE, 89 So. 3d 1011 (Fla. Dist. Ct. App. 2012)

. . . .” § 90.402, Fla. Stat. (2007). . . .

METAYER, v. STATE, 89 So. 3d 1003 (Fla. Dist. Ct. App. 2012)

. . . Williams, 992 So.2d 330, 333 (Fla. 3d DCA 2008); see also § 90.402, Fla. Stat. (2009). . . .

HARDEN, v. STATE, 87 So. 3d 1243 (Fla. Dist. Ct. App. 2012)

. . . Williams, 992 So.2d 330, 333 (Fla. 3d DCA 2008); see also § 90.402, Fla. Stat. (2008). . . .

SMITH, v. STATE, 88 So. 3d 412 (Fla. Dist. Ct. App. 2012)

. . . .1994) (providing that evidence which is inseparable from the crime charged is admissible under section 90.402 . . .

STROHM, v. STATE, 84 So. 3d 1181 (Fla. Dist. Ct. App. 2012)

. . . or evidence which is inextricably intertwined with the crime charged ... is admissible under section 90.402 . . .

NSHAKA, v. STATE, 92 So. 3d 843 (Fla. Dist. Ct. App. 2012)

. . . . § 90.402, Fla. Stat. (2011). . . .

KOPSHO, v. STATE, 84 So. 3d 204 (Fla. 2012)

. . . Dissimilar fact evidence may be admissible under section 90.402, but like similar fact evidence its admissibility . . .

ELLERBEE, Jr. v. STATE, 87 So. 3d 730 (Fla. 2012)

. . . discretion and its rulings will be affirmed unless there has been abuse of discretion); see also § 90.402 . . .

A. HOLMES, v. STATE, 91 So. 3d 859 (Fla. Dist. Ct. App. 2012)

. . . It is admissible under section 90.402 because “it is a relevant and inseparable part of the act which . . . inseparable crime evidence is admitted not under 90.404(2)(a) as similar fact evidence but under section 90.402 . . . fact evidence" under section 90.404(2)(a), but was instead relevant evidence admissible under section 90.402 . . . in if defendant cut off victim’s drug supply was relevant and admissible to support motive under s. 90.402 . . . Stat. did not apply, evidence was relevant under s. 90.402 to prove McCray’s motive for charged crimes . . .

D. THOMPSON, v. STATE, 76 So. 3d 1050 (Fla. Dist. Ct. App. 2011)

. . . bad acts which are inextricably intertwined with the crime charged may be admissible under section 90.402 . . .

GEISER, v. STATE, 83 So. 3d 834 (Fla. Dist. Ct. App. 2011)

. . . It is admissible under section 90.402 because “it is a relevant and inseparable part of the act which . . .

SPECIAL, v. BAUX, M. D. M. D. P. A. P. L., 79 So. 3d 755 (Fla. Dist. Ct. App. 2011)

. . . .” § 90.402, Fla. Stat. (2009). . . .

DeLUISE, v. STATE, 72 So. 3d 248 (Fla. Dist. Ct. App. 2011)

. . . State, 641 So.2d 1356, 1359 (Fla. 2d DCA 1994) (citing §§ 90.402, 90.403 and 90.404(2), Fla. . . .

STATE v. WRIGHT,, 74 So. 3d 503 (Fla. Dist. Ct. App. 2011)

. . . being tried, then section 90.404(2)(a) does not apply and the general rule [of relevancy] in section 90.402 . . . to be admissible pursuant to section 90.404(2)(a), they are generally relevant pursuant to section 90.402 . . . Section 90.402 provides that “[a]ll relevant evidence is admissible, except as provided by law.” . . .

SANTIAGO, v. STATE, 70 So. 3d 720 (Fla. Dist. Ct. App. 2011)

. . . State, 641 So.2d 1356,1359 (Fla. 2d DCA 1994) (citing §§ 90.402, 90.403 and 90.404(2), Fla. . . .

LEON, v. STATE, 68 So. 3d 351 (Fla. Dist. Ct. App. 2011)

. . . .” § 90.402, Fla. Stat. (2008). . . .

DOWNS, v. STATE, 65 So. 3d 594 (Fla. Dist. Ct. App. 2011)

. . . See § 90.402, Fla. Stat. [ (2009) ]. . . .

McCRAY, II, v. STATE, 71 So. 3d 848 (Fla. 2011)

. . . section 90.404 govern similar fact evidence while the general rule of relevancy set forth in section 90.402 . . . As explained below, the general rule of relevancy under section 90.402, Florida Statutes (2008), applies . . .

T. J. v. STATE, 57 So. 3d 975 (Fla. Dist. Ct. App. 2011)

. . . defense with respect thereto, or to any similar fact evidence to be presented at trial under section 90.402 . . .

WALDEN, v. STATE, 57 So. 3d 248 (Fla. Dist. Ct. App. 2011)

. . . It is admissible under section 90.402 because “it is a relevant and inseparable part of the act which . . .

R. THERMIDOR, v. STATE, 55 So. 3d 741 (Fla. Dist. Ct. App. 2011)

. . . In each case, the State filed a notice of intent to offer Williams rule evidence under section 90.402 . . .

J. TRIPOLI, v. STATE, 50 So. 3d 776 (Fla. Dist. Ct. App. 2010)

. . . See § 90.402, Fla. Stat. (2008); Dorsett, 944 So.2d at 1213; Griffin, 639 So.2d at 968. . . .

THERMIDOR, v. STATE, 50 So. 3d 1184 (Fla. Dist. Ct. App. 2010)

. . . The state filed a notice of intent to offer Williams rule evidence under rule 90.402. . . .

CITIZENS PROPERTY INSURANCE CORPORATION, v. J. ASHE,, 50 So. 3d 645 (Fla. Dist. Ct. App. 2010)

. . . .” § 90.402, Fla. Stat. (emphasis added); Gibson v. Metropolitan Life Ins. . . .

JOHNSON, v. STATE, 47 So. 3d 941 (Fla. Dist. Ct. App. 2010)

. . . . § 90.402, Fla. Stat. (2008). . . . Thus, Vega’s testimony was highly relevant. § 90.402. . . .

McGIRTH, v. STATE, 48 So. 3d 777 (Fla. 2010)

. . . court did not abuse its discretion in admitting Sheila’s testimony as relevant pursuant to section 90.402 . . . (citing § 90.402, Fla. Stat. (2004)). . . . section 90.404 govern similar fact evidence while the general rule of relevancy set forth in section 90.402 . . . It is admissible under section 90.402 because “it is a relevant and inseparable part of the act which . . . Consequently, the general rule of relevancy under section 90.402 governs the instant matter. . . .

ABDOOL, v. STATE, 53 So. 3d 208 (Fla. 2010)

. . . .” § 90.402, Fla. Stat. (2009). . . .

BRUCE, v. STATE, 44 So. 3d 1225 (Fla. Dist. Ct. App. 2010)

. . . The supreme court recognized that relevancy under section 90.402 was not abrogated by the adoption of . . .

MONESTIME, v. STATE, 41 So. 3d 1110 (Fla. Dist. Ct. App. 2010)

. . . Evidence that is inextricably intertwined with the crime charged is admissible under section 90.402, . . .

AGUILUZ, v. STATE, 43 So. 3d 800 (Fla. Dist. Ct. App. 2010)

. . . The statute that applies to the evidence introduced in this case is section 90.402. . . . Section 90.402 provides that “[a]ll relevant evidence is admissible, except as provided by law.” . . . to provide notice to the defendant of its intent to rely on relevant evidence admitted under section 90.402 . . . State, 660 So.2d 244, 251 (Fla.1995), and under section 90.402, the evidence need not be similar fact . . . collateral crimes evidence introduced in the defendant’s trial was properly introduced under section 90.402 . . .

JOHNSON, v. STATE, 40 So. 3d 883 (Fla. Dist. Ct. App. 2010)

. . . . §§ 90.401-90.402, Fla. Stat. (2008). . . .

HERNANDEZ, v. PARIS INDUSTRIAL MAINTENANCE Co., 39 So. 3d 466 (Fla. Dist. Ct. App. 2010)

. . . . § 90.402 Fla. Stat. (2007). . . .

DOWNS, v. STATE, 40 So. 3d 49 (Fla. Dist. Ct. App. 2010)

. . . It is admissible under section 90.402 because ‘it is a relevant and inseparable part of the act which . . .

SPECIAL, v. BAUX, M. D. M. D. P. A. P. L., 52 So. 3d 682 (Fla. Dist. Ct. App. 2010)

. . . . § 90.402, Fla. . . .

MILLER, v. STATE, 42 So. 3d 204 (Fla. 2010)

. . . See § 90.402-.403, Fla. Stat. (2006). . . .

A. WOLFE, v. STATE, 34 So. 3d 227 (Fla. Dist. Ct. App. 2010)

. . . Dissimilar fact evidence is governed by the general rule of relevancy in section 90.402, Florida Statutes . . .

FARIAS, v. STATE, 31 So. 3d 909 (Fla. Dist. Ct. App. 2010)

. . . . §§ 90.401-90.402, Fla. Stat. (2008). . . .

STEPHENSON, v. STATE, 31 So. 3d 847 (Fla. Dist. Ct. App. 2010)

. . . See § 90.402, Fla. Stat. (2002); Gore v. State, 719 So.2d 1197, 1199 (Fla.1998). . . .

A. TWILEGAR, v. STATE, 42 So. 3d 177 (Fla. 2010)

. . . And section 90.402 provides that “[a]ll relevant evidence is admissible, except as provided by law.” . . . § 90.402, Fla. . . .

VICTORINO, v. STATE, 23 So. 3d 87 (Fla. 2009)

. . . It is admissible under section 90.402 because “it is a relevant and inseparable part of the act which . . . hold that the trial court was correct in admitting Graham’s testimony as relevant pursuant to section 90.402 . . . Generally, all relevant evidence is admissible, unless excluded by law. § 90.402, Fla. . . . 90.404, and dissimilar fact evidence is governed by the general rule of relevancy set forth in section 90.402 . . . defendant is being tried, then section 90.404(2)(a) does not apply and the general rule in section 90.402 . . . Dissimilar fact evidence of uncharged misconduct — which is governed by section 90.402’s general rule . . .

C. CARTER, v. STATE, 23 So. 3d 1238 (Fla. Dist. Ct. App. 2009)

. . . .” § 90.402, Fla. Stat. (2007). . . .