Fla. Stat. 90.801
Hearsay; definitions; exceptions
(1)
The following definitions apply under this chapter:A “declarant” is a person who makes a statement.“Hearsay” is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.A “statement” is:An oral or written assertion; or
Nonverbal conduct of a person if it is intended by the person as an assertion.
(a)
A “declarant” is a person who makes a statement.(b)
“Hearsay” is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.(c)
A “statement” is:An oral or written assertion; orNonverbal conduct of a person if it is intended by the person as an assertion.(2)
A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement and the statement is:Inconsistent with the declarant’s testimony and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding or in a deposition;Consistent with the declarant’s testimony and is offered to rebut an express or implied charge against the declarant of improper influence, motive, or recent fabrication; orOne of identification of a person made after perceiving the person.(a)
Inconsistent with the declarant’s testimony and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding or in a deposition;(b)
Consistent with the declarant’s testimony and is offered to rebut an express or implied charge against the declarant of improper influence, motive, or recent fabrication; or(c)
One of identification of a person made after perceiving the person.
Source:
Section 90.801 — Hearsay; definitions; exceptions, https://www.flsenate.gov/Laws/Statutes/2024/0090.801
(accessed Aug. 7, 2025).