(1) Except as provided in subsection (2), the court shall determine preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence.
(2) When the relevancy of evidence depends upon the existence of a preliminary fact, the court shall admit the proffered evidence when there is prima facie evidence sufficient to support a finding of the preliminary fact. If prima facie evidence is not introduced to support a finding of the preliminary fact, the court may admit the proffered evidence subject to the subsequent introduction of prima facie evidence of the preliminary fact.
(3) Hearings on the admissibility of confessions shall be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be similarly conducted when the interests of justice require or when an accused is a witness, if he or she so requests.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 471, ch. 95-147.
Structure Florida Statutes
90.103 - Scope; Applicability.
90.105 - Preliminary Questions.
90.106 - Summing Up and Comment by Judge.
90.107 - Limited Admissibility.
90.108 - Introduction of Related Writings or Recorded Statements.
90.201 - Matters Which Must Be Judicially Noticed.
90.202 - Matters Which May Be Judicially Noticed.
90.203 - Compulsory Judicial Notice Upon Request.
90.204 - Determination of Propriety of Judicial Notice and Nature of Matter Noticed.
90.205 - Denial of a Request for Judicial Notice.
90.206 - Instructing Jury on Judicial Notice.
90.207 - Judicial Notice by Trial Court in Subsequent Proceedings.
90.301 - Presumption Defined; Inferences.
90.302 - Classification of Rebuttable Presumptions.
90.303 - Presumption Affecting the Burden of Producing Evidence Defined.
90.304 - Presumption Affecting the Burden of Proof Defined.
90.401 - Definition of Relevant Evidence.
90.402 - Admissibility of Relevant Evidence.
90.4025 - Admissibility of Paternity Determination in Certain Criminal Prosecutions.
90.4026 - Statements Expressing Sympathy; Admissibility; Definitions.
90.403 - Exclusion on Grounds of Prejudice or Confusion.
90.404 - Character Evidence; When Admissible.
90.405 - Methods of Proving Character.
90.407 - Subsequent Remedial Measures.
90.408 - Compromise and Offers to Compromise.
90.409 - Payment of Medical and Similar Expenses.
90.410 - Offer to Plead Guilty; Nolo Contendere; Withdrawn Pleas of Guilty.
90.501 - Privileges Recognized Only as Provided.
90.5015 - Journalist’s Privilege.
90.502 - Lawyer-Client Privilege.
90.5021 - Fiduciary Lawyer-Client Privilege.
90.503 - Psychotherapist-Patient Privilege.
90.5035 - Sexual Assault Counselor-Victim Privilege.
90.5036 - Domestic Violence Advocate-Victim Privilege.
90.5037 - Human Trafficking Victim Advocate-Victim Privilege.
90.504 - Husband-Wife Privilege.
90.505 - Privilege With Respect to Communications to Clergy.
90.5055 - Accountant-Client Privilege.
90.506 - Privilege With Respect to Trade Secrets.
90.507 - Waiver of Privilege by Voluntary Disclosure.
90.508 - Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege.
90.509 - Application of Privileged Communication.
90.510 - Privileged Communication Necessary to Adverse Party.
90.601 - General Rule of Competency.
90.603 - Disqualification of Witness.
90.604 - Lack of Personal Knowledge.
90.605 - Oath or Affirmation of Witness.
90.606 - Interpreters and Translators.
90.6063 - Interpreter Services for Deaf Persons.
90.607 - Competency of Certain Persons as Witnesses.
90.609 - Character of Witness as Impeachment.
90.610 - Conviction of Certain Crimes as Impeachment.
90.611 - Religious Beliefs or Opinions.
90.612 - Mode and Order of Interrogation and Presentation.
90.613 - Refreshing the Memory of a Witness.
90.614 - Prior Statements of Witnesses.
90.615 - Calling Witnesses by the Court.
90.616 - Exclusion of Witnesses.
90.701 - Opinion Testimony of Lay Witnesses.
90.702 - Testimony by Experts.
90.703 - Opinion on Ultimate Issue.
90.704 - Basis of Opinion Testimony by Experts.
90.705 - Disclosure of Facts or Data Underlying Expert Opinion.
90.706 - Authoritativeness of Literature for Use in Cross-Examination.
90.801 - Hearsay; Definitions; Exceptions.
90.803 - Hearsay Exceptions; Availability of Declarant Immaterial.
90.804 - Hearsay Exceptions; Declarant Unavailable.
90.805 - Hearsay Within Hearsay.
90.806 - Attacking and Supporting Credibility of Declarant.
90.901 - Requirement of Authentication or Identification.
90.903 - Testimony of Subscribing Witness Unnecessary.
90.952 - Requirement of Originals.
90.953 - Admissibility of Duplicates.
90.954 - Admissibility of Other Evidence of Contents.