Skip to Navigation | Skip to Main Content | Skip to Site Map

MyFloridaHouse.gov | Mobile Site

Senate Tracker: Sign Up | Login

The Florida Senate

2010 Florida Statutes

Title VII EVIDENCE
Chapter 90 EVIDENCE CODE Entire Chapter
SECTION 4026
Statements expressing sympathy; admissibility; definitions.
F.S. 90.4026
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.