(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.
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90.410 - Offer to Plead Guilty; Nolo Contendere; Withdrawn Pleas of Guilty.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.