Category: Evidence · Statute: F.S. 90.803(23) · Source: Florida Legislature
Understanding Child Hearsay Exception in Florida
Under Florida law, hearsay is generally inadmissible because the person who made the out-of-court statement cannot be cross-examined in front of the jury. However, Section 90.803(23) of the Florida Statutes creates a critical exception for statements made by children under the age of 16 who are victims of abuse, neglect, or exploitation. This "child hearsay exception" allows a parent, teacher, therapist, or law enforcement officer to testify about what the child told them regarding the alleged abuse, provided the court finds the circumstances of the statement indicate a high degree of trustworthiness.
Before these out-of-court statements can be heard by a jury, the judge must conduct a specialized hearing, often called a Williams hearing or a child hearsay hearing. During this proceeding, the judge evaluates the reliability of the child's statement by looking at factors such as the child's age, the vocabulary used, the relationship between the child and the witness, and whether there is any evidence of coaching. If the child does not testify at trial, the prosecution must present corroborative evidence of the abuse before the hearsay statement can be admitted into evidence.
Impact on Bail and Pretrial Release
The admissibility of child hearsay heavily influences pretrial release and bail amounts in Florida. Because child abuse allegations often rely almost entirely on the victim's statements, a judge's preliminary assessment of the hearsay's reliability at a first appearance or Arthur hearing can dictate whether a defendant is granted bond. If the state's case relies on highly credible child hearsay, the court is more likely to impose high bail amounts, strict "no-contact" orders regarding the victim and other minors, or deny pretrial release altogether to ensure the safety of the child.