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Florida Statute 90.410 | Lawyer Caselaw & Research
F.S. 90.410 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 90.410

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.410
90.410 Offer to plead guilty; nolo contendere; withdrawn pleas of guilty.Evidence of a plea of guilty, later withdrawn; a plea of nolo contendere; or an offer to plead guilty or nolo contendere to the crime charged or any other crime is inadmissible in any civil or criminal proceeding. Evidence of statements made in connection with any of the pleas or offers is inadmissible, except when such statements are offered in a prosecution under chapter 837.
History.s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 8, 22, ch. 78-361; ss. 1, 2, ch. 78-379.

F.S. 90.410 on Google Scholar

F.S. 90.410 on Casetext

Amendments to 90.410


Arrestable Offenses / Crimes under Fla. Stat. 90.410
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.410.



Annotations, Discussions, Cases:

Cases from cite.case.law:

COOPER, v. STATE, 257 So. 3d 645 (Fla. App. Ct. 2018)

. . . See § 90.410, Fla. Stat. (2016). . . .

UNITED STATES v. BAUZ SANTIAGO,, 867 F.3d 13 (1st Cir. 2017)

. . . . § 90.410 (“an offer to plead guilty” and “statements made in connection with any of the pleas or offers . . .

ROBARDS, v. STATE, 214 So. 3d 568 (Fla. 2017)

. . . message and conversation with Detective Monte constitute inadmissible plea negotiations under section 90.410 . . . Section 90.410, Florida Statutes, declares: Evidence of a plea of guilty, later withdrawn; a plea of . . .

BASS, v. STATE, 147 So. 3d 1033 (Fla. Dist. Ct. App. 2014)

. . . to whether the defendant should accept an outstanding plea offer is inadmissible pursuant to section 90.410 . . . Section 90.410 reads: Evidence of a plea of guilty, later withdrawn; a plea of nolo contendere; or an . . . Section 90.410 was “ ‘adopted to promote plea bargaining by allowing a defendant to negotiate without . . . . § 90.410, Fla. Stat. (2011) (emphasis added). . . . Appellant’s statements were not made “in connection with” an offer to plead, as contemplated by section 90.410 . . .

DOE NO. No. v. UNITED STATES G., 749 F.3d 999 (11th Cir. 2014)

. . . . § 90.410 (“Evidence of a plea of guilty, later withdrawn; a plea of nolo contendere; or an offer to . . .

CORRAO, v. STATE, 79 So. 3d 940 (Fla. Dist. Ct. App. 2012)

. . . Under section 90.410, Florida Statutes (2010), “[e]vidence of ... an offer to plead guilty or nolo contendere . . . viewed as communicating evidence of an offer to the jury, it was clearly inadmissible under section 90.410 . . .

SCHOENWETTER, v. STATE v. A., 46 So. 3d 535 (Fla. 2010)

. . . Appellant asserts that trial counsel should have moved to have these statements excluded under section 90.410 . . . Section 90.410, Florida Statutes, provides: Evidence of a plea of guilty, later withdrawn; a plea of . . .

J. COURTEMANCHE, Jr. v. STATE, 24 So. 3d 770 (Fla. Dist. Ct. App. 2009)

. . . courts decision to permit the State to introduce his confession letter into evidence •violated section 90.410 . . . Section 90.410 of the Florida Statutes provides: 90.410. . . . offers is inadmissible, except when such statements are offered in a prosecution under chapter 837. § 90.410 . . .

STATE v. WALTERS,, 12 So. 3d 298 (Fla. Dist. Ct. App. 2009)

. . . Section 90.410, Florida Statutes (2007), provides that “[ejvidence of statements made in connection with . . .

SERRANO, v. STATE, 15 So. 3d 629 (Fla. Dist. Ct. App. 2009)

. . . See § 90.410, Fla. . . .

CALABRO, v. STATE, 995 So. 2d 307 (Fla. 2008)

. . . I will like to avoid the trial and have some kind of plea agreement,” is inadmissible under section 90.410 . . . See § 90.410, Fla. . . . THE STATUTE AND RULE Section 90.410, Florida Statutes, provides: Evidence of a plea of guilty, later . . . This Court has explained that section 90.410 and rule 3.172® were “adopted to promote plea bargaining . . . Hence, courts are initially bound to apply the terms of section 90.410 and rule 3.172(i) according to . . . Robertson, 582 F.2d 1356 (5th Cir.1978), for determining whether a statement falls under section 90.410 . . . Section 90.410, Rule 3.172(i), and this Court’s Precedent Section 90.410, Florida Statutes, provides: . . . Since we decided Stevens in 1982, the key question in this Court’s analysis regarding section 90.410 . . . example, unilateral and unsolicited statements by the defendant are not included within the section 90.410 . . . § 90.410, Fla. Stat.; cf. Owen v. State, 986 So.2d at 545. . . .

NUNES, v. STATE, 988 So. 2d 636 (Fla. Dist. Ct. App. 2008)

. . . Rule 3.172(i) restates section 90.410, Florida Statutes (2006). . . . As explained in Richardson, neither rule 3.172(i) nor section 90.410 require that a plea bargain be completed . . . offers to plead in exchange for certain concessions are inadmissible under rule 3.172(i) and section 90.410 . . .

OWEN, v. STATE v. A., 986 So. 2d 534 (Fla. 2008)

. . . Section 90.410, Florida Statutes (1999), provided that “[e]vidence of statements made in connection with . . .

STATE v. GUZMAN,, 979 So. 2d 1144 (Fla. Dist. Ct. App. 2008)

. . . statements during a polygraph examination conducted as a condition of ongoing plea negotiations, see § 90.410 . . .

STATE v. CALABRO,, 957 So. 2d 1210 (Fla. Dist. Ct. App. 2007)

. . . offers to plead guilty or made in connection with plea negotiations and thus, inadmissible under section 90.410 . . . I will like to avoid the trial and have some kind of plea agreement,” is inadmissible under section 90.410 . . . the statements made by Cal-abro “were offers for a plea agreement and are inadmissible pursuant to § 90.410 . . . Section 90.410, Florida Statutes (2005), provides that: Evidence of a plea of guilty, later withdrawn . . .

BEHM v. CAMPBELL,, 925 So. 2d 1070 (Fla. Dist. Ct. App. 2006)

. . . We also reject Behm’s argument that section 90.410 prohibits consideration of his criminal case as a . . . This section provides: 90.410. . . . We conclude that section 90.410, like its federal and state counterparts, would not bar consideration . . . Section 90.410 seems intended to protect the criminal defendant who pleads no contest from future liability . . . Cohen, 659 So.2d 1064, 1068 (Fla. 1995) (section 90.410 speaks only to the admission into evidence of . . .

CIRA v. DELLINGER,, 903 So. 2d 367 (Fla. Dist. Ct. App. 2005)

. . . the. charges and evidence concerning the pleas would have been inadmissible at trial under section 90.410 . . . Section 90.410 and the Evidentiary Issue In their second point, the appellants challenge the evidentiary . . . Cira to deprive the circuit court of evidence concerning his pleas by invoking the bar of section 90.410 . . . We need not decide whether section 90.410 makes evidence of Mr. . . . Section 90.410 addresses the latter but not the former. We hold that the order placing Mr. . . .

GRIZZARD, v. STATE, 881 So. 2d 673 (Fla. Dist. Ct. App. 2004)

. . . . § 90.410, Fla. Stat. (2003). . . .

In COMMITMENT OF RODGERS. v., 875 So. 2d 737 (Fla. Dist. Ct. App. 2004)

. . . present evidence of his prior convictions, resulting from his nolo contendere pleas, pursuant to section 90.410 . . .

E. OWEN, v. V. CROSBY, Jr. E. v., 854 So. 2d 182 (Fla. 2003)

. . . first argues that appellate counsel was ineffective for failing to argue the State violated section 90.410 . . . Section 90.410, Florida Statutes (2001), reads: "Evidence of a plea of guilty, later withdrawn; a plea . . .

DAVIS, v. STATE, 842 So. 2d 989 (Fla. Dist. Ct. App. 2003)

. . . ruling that an incriminating statement he made was an admission not subject to exclusion under section 90.410 . . . In so finding, we note the fairly broad scope of the applicable criminal rule and statute, section 90.410 . . . See § 90.410, Fla. . . . (emphasis added)); Richardson, 706 So.2d at 1355-56 (“Rule 3.172(h) and section 90.410, Florida Statutes . . .

C. W. K. L. B. Jr. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 814 So. 2d 488 (Fla. Dist. Ct. App. 2002)

. . . the parties and all counsel, (ii) the videotapes were inadmissible as evidence pursuant to section 90.410 . . . The arguments that the videotapes were inadmissible as evidence pursuant to sections 90.410 and 90.403 . . .

DEBIASIO, v. STATE, 801 So. 2d 197 (Fla. Dist. Ct. App. 2001)

. . . involving the same letter, we reversed upon a conclusion that the letter was inadmissible under section 90.410 . . .

D. DEBIASIO, v. STATE, 789 So. 2d 1061 (Fla. Dist. Ct. App. 2001)

. . . As to the merits of Debiasio’s appeal, section 90.410, Florida Statutes, provides: Evidence of a plea . . . offer to plead guilty and, therefore, falls squarely within the ambit of evidence prohibited by section 90.410 . . . prosecutor offering to plead guilty in exchange for certain concessions held inadmissible under section 90.410 . . .

HILL, v. STATE, 768 So. 2d 518 (Fla. Dist. Ct. App. 2000)

. . . See § 90.410, Fla. Stat. (1997); Fla. R.Crim. P. 3.172(h); McCray v. . . .

ROSENQUIST, v. STATE, 769 So. 2d 1051 (Fla. Dist. Ct. App. 2000)

. . . Florida Rule of Criminal Procedure 3.172(h) and section 90.410, Florida Evidence Code restrict the admissibility . . . admissible in any civil or criminal proceeding against the person who made the plea or offer. .Section 90.410 . . .

McCRAY, v. STATE, 760 So. 2d 988 (Fla. Dist. Ct. App. 2000)

. . . See § 90.410, Fla. Stat. (1997); Fla. R.Crim. P. 3.172(h). In Russell v. . . . attorney to accept a plea offer could not be used against the offering defendant pursuant to section 90.410 . . .

SJUTS, v. STATE, 750 So. 2d 732 (Fla. Dist. Ct. App. 2000)

. . . Sjuts bases his objections on section 90.410, Florida Statutes (1997), providing that nolo contendere . . .

MELENDEZ, v. STATE, 747 So. 2d 1011 (Fla. Dist. Ct. App. 1999)

. . . Miranda, and not inadmissible as a violation of Florida Rule of Criminal Procedure 3.172(h) and section 90.410 . . . appeal only that this later statement was inadmissible as a violation of rule 3.172(h) and section 90.410 . . . connection therewith has been held not to fall within the protection of either rule 3.172(h) or section 90.410 . . .

DOPSON, v. STATE, 719 So. 2d 37 (Fla. Dist. Ct. App. 1998)

. . . . § 90.410, Fla. Slat. . § 924.051(7), Fla. Slat. . . .

E. HITE, v. STATE, 718 So. 2d 270 (Fla. Dist. Ct. App. 1998)

. . . The defense moved for mistrial on the ground that the State had violated the provisions of section 90.410 . . .

STATE v. RAYDO,, 713 So. 2d 996 (Fla. 1998)

. . . In this ease, we need look no further than the express statutory prohibition of section 90.410, Florida . . .

D. DONALDSON, v. STATE, 722 So. 2d 177 (Fla. 1998)

. . . Under section 90.410 of Florida’s Evidence Code, offers to plead guilty are not admissible in either . . . criminal or civil cases. § 90.410, Fla. . . .

D. RICHARDSON, v. STATE, 706 So. 2d 1349 (Fla. 1998)

. . . don’t believe it was — and under the testimony presented, it was not a violation of four ten [section 90.410 . . . Neither section 90.410, Florida Statutes, nor rule 3.172(h) should be construed to place a prophylactic . . . I also point out that Richardson’s argument and the trial judge’s ruling were based on section 90.410 . . . Thus, Richardson’s statement would be admissible under rule 3.172(h) as well as section 90.410, as noted . . . Section 90.410, Florida Statutes (1991) provides in relevant part; Evidence of a plea of guilty, later . . . Rule 3.172(h) and section 90.410, Florida Statutes (1991), prohibit the admission of statements given . . . don’t believe it was — and under the testimony presented, it was not a violation of four ten [section 90.410 . . . Rule 3.172(h) is simply a judicial restatement of the provisions of section 90.410. . . . .

WAINWRIGHT, v. STATE, 704 So. 2d 511 (Fla. 1997)

. . . Section 90.410, Florida Statutes (1993), states: Evidence of a plea of guilty, later withdrawn; a plea . . . offers is inadmissible, except when such statements are offered in a prosecution under chapter 837. § 90.410 . . .

RAYDO, v. STATE, 696 So. 2d 1225 (Fla. Dist. Ct. App. 1997)

. . . Section 90.410, Florida Statutes, provides in pertinent part that “[ejvidence of a ... plea of nolo contendere . . .

REESE, v. STATE, 694 So. 2d 678 (Fla. 1997)

. . . See § 90.410, Fla. Stat. (1995). . . .

STARR TYME, INC. v. COHEN,, 659 So. 2d 1064 (Fla. 1995)

. . . The fact section 90.410, Florida Statutes (1991), precludes the admission of a nolo plea in any civil . . . Section 90.410 speaks only to the admission into evidence of the plea itself. . . . Moreover, even if the two statutes were in irreconcilable conflict, section 90.410 is a general provision . . .

STARR TYME, INC. v. COHEN,, 638 So. 2d 599 (Fla. Dist. Ct. App. 1994)

. . . Section 90.410, Florida Statutes, of the Florida Evidence Code provides, “[e]vidence of a plea of guilty . . .

S. FABIAN, v. STATE, 635 So. 2d 162 (Fla. Dist. Ct. App. 1994)

. . . statement that he would probably plead guilty was not an “offer to plead” within the purview of section 90.410 . . .

RUSSELL, v. STATE, 614 So. 2d 605 (Fla. Dist. Ct. App. 1993)

. . . mistrial urging that this letter was nothing more than an offer to plead guilty inadmissible under section 90.410 . . . against admissibility of communications involved in plea negotiations was the enactment of section 90.410 . . . Because the Florida Statute, section 90.410, was patterned after rule 410 of the Federal Rules of Evidence . . . “unsolicited, unilateral statements” which do not fall under the protection of the statute, section 90.410 . . . 3.171(d), Florida Rules of Criminal Procedure, prior to the enactment of the Evidence Code section 90.410 . . .

DAWSON, v. STATE, 585 So. 2d 443 (Fla. Dist. Ct. App. 1991)

. . . Section 90.410 aids in promoting both the efficiency and fairness of our system of justice. . . . We agree that “the purpose of § 90.410 is of such importance that ... violation of that section cannot . . .

IN INTEREST OF D. J. S. J. S. G. DOE, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 563 So. 2d 655 (Fla. Dist. Ct. App. 1990)

. . . Florida Unemployment Appeals Commission, 469 So.2d 184 (Fla. 3d DCA 1985); § 90.410, Fla.Stat. (1987) . . .

FERRANTE, v. STATE, 524 So. 2d 742 (Fla. Dist. Ct. App. 1988)

. . . Damski said the plea offered to Ferrante was 30 months and five years’ proba-tion_” Section 90.410, Florida . . .

STRICKLAND, v. STATE, 498 So. 2d 1350 (Fla. Dist. Ct. App. 1986)

. . . Section 90.410, Florida Statutes (1983), of the Florida Evidence Code reads in full as follows: Offer . . . State, 437 So.2d 692 (Fla. 1st DCA 1983), this court held that the legislature intended Section 90.410 . . . the dictates of its language and rule that nolo contendere pleas are not absolutely barred by Section 90.410 . . .

TRAYLOR, v. STATE, 498 So. 2d 1297 (Fla. Dist. Ct. App. 1986)

. . . Finally, Traylor argues, pursuant to Section 90.410, Florida Statutes (1983), that the inculpatory letters . . .

L. ELLIS, v. STATE, 475 So. 2d 1021 (Fla. Dist. Ct. App. 1985)

. . . statements were actually made in connection with his guilty plea and were, therefore, pursuant to section 90.410 . . .

R. WYCHE, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION, N. A., 469 So. 2d 184 (Fla. Dist. Ct. App. 1985)

. . . See also § 90.410, Fla.Stat. (1983). . . .

S. GROOVER, v. STATE, 458 So. 2d 226 (Fla. 1984)

. . . Citing Florida Rule of Criminal Procedure 3.172(h) and section 90.410, Florida Statutes (1981), Groover . . . Section 90.410, Florida Statutes (1981), provides: Offer to plead guilty; nolo contendere; withdrawn . . .

A. CLARK, v. STATE, 452 So. 2d 1002 (Fla. Dist. Ct. App. 1984)

. . . We first point out that the Florida Evidence Code, section 90.410, Florida Statutes (1983), specifically . . . Section 90.410 plays a vital role in our system of jurisprudence. . . . the overzealousness of the prosecution in introducing defendant’s statements in violation of section 90.410 . . .

BOTTOSON, v. STATE, 443 So. 2d 962 (Fla. 1983)

. . . . § 90.410, Fla.Stat. (1981). . . .

DOWNS, v. STATE, 439 So. 2d 963 (Fla. Dist. Ct. App. 1983)

. . . plead guilty are inadmissible under Rule 3.170(f), Florida Rules of Criminal Procedure, and Section 90.410 . . .

LANDRUM, v. STATE, 430 So. 2d 549 (Fla. Dist. Ct. App. 1983)

. . . However, section 90.410, Florida Statutes (1981) provides that: Evidence of a plea of guilty, later withdrawn . . . The foregoing version of section 90.410 resulted from the amendment of that statute in 1978. . . . (emphasis added) Section 90.410, Florida Statutes (1977). . . . Thus, the legislature clearly intended that section 90.410 be an exception to section 90.608. . . . However, we feel that the purpose of section 90.410 is of such importance that the foregoing violation . . .

CRUZ, v. STATE, 437 So. 2d 692 (Fla. Dist. Ct. App. 1983)

. . . In seeking exclusion of the latter material, the state’s motion cited Section 90.410, Florida Statutes . . . Law Revision Council Note-1976, 6B Fla.Stat.Ann., § 90.410 at 440 (1979). . . . The 1978 amendment to section 90.410 and the Council’s accompanying commentary finally foreclose any . . . (emphasis supplied) Thus, if section 90.410 is to be interpreted consistently with the purpose stated . . . The Council’s reference to Federal Evidence Rule 410 also convinces us that section 90.410 — despite . . .

STEVENS, v. STATE, 419 So. 2d 1058 (Fla. 1982)

. . . made in connection with plea negotiations and was therefore inadmissible for any purpose under section 90.410 . . . McDONALD, J., concurs in part and dissents in part with an opinion, with which OVERTON, J., concurs. . 90.410 . . .

METROPOLITAN DADE COUNTY, v. WILKEY,, 414 So. 2d 269 (Fla. Dist. Ct. App. 1982)

. . . Section 90.410, Florida Statutes (1979) clearly sets forth: Evidence of a plea of . . . nolo conten-dere . . .