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Florida Statute 90.4026 - Full Text and Legal Analysis
Florida Statute 90.4026 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
90.4026 Statements expressing sympathy; admissibility; definitions.
(1) As used in this section:
(a) “Accident” means an occurrence resulting in injury or death to one or more persons which is not the result of willful action by a party.
(b) “Benevolent gestures” means actions that convey a sense of compassion or commiseration emanating from human impulses.
(c) “Family” means the spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half brother, half sister, adopted child of parent, or spouse’s parent of an injured party.
(2) The portion of statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person involved in an accident and made to that person or to the family of that person shall be inadmissible as evidence in a civil action. A statement of fault, however, which is part of, or in addition to, any of the above shall be admissible pursuant to this section.
History.s. 1, ch. 2001-132.

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Amendments to 90.4026


Annotations, Discussions, Cases:

Cases Citing Statute 90.4026

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In Re Amendments to Fla. Evidence Code, 825 So. 2d 339 (Fla. 2002).

Cited 11 times | Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 679, 2002 Fla. LEXIS 1482, 2002 WL 1476290

...a witness under age fourteen from questions that are in a form that cannot reasonably be understood by a person of the age and understanding of the witness and to restrict the unnecessary repetition of questions. Chapter 2001-132, section 1, creates section 90.4026, Florida Statutes (Statements expressing sympathy; admissibility; definitions) which provides that portions of statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, su...