Category: Evidence · Statute: F.S. 90.801 · Source: Florida Legislature
Understanding Declarant in Florida
Under Section 90.801 of the Florida Evidence Code, a "declarant" is officially defined as any person who makes a statement. While this sounds straightforward, the term carries immense weight in Florida courthouses because it serves as the foundation of the hearsay rule. A declarant can be a defendant, a victim, an eyewitness, or a law enforcement officer. Whenever a witness on the stand repeats something that was previously said or written outside of the current courtroom proceeding, the person who originally uttered those words is the declarant.
Identifying the declarant is the critical first step in determining whether evidence is admissible at trial. Because the declarant was not under oath or subject to cross-examination when they originally spoke, Florida law generally excludes their out-of-court statements to ensure trial fairness. However, the Florida Evidence Code provides specific exceptions where a declarant's out-of-court statements are allowed, such as "excited utterances" made during a stressful event, or "admissions by a party-opponent" when the declarant is the defendant.
How the Declarant's Statements Impact Bail
In Florida, a declarant's out-of-court statements can directly dictate whether a defendant receives pretrial release or remains in jail. During initial bond hearings and Arthur hearings, prosecutors frequently rely on the arrest affidavit—which contains hearsay statements from victim and witness declarants—to establish probable cause and argue for high bail or pretrial detention. If defense counsel can show that the key declarant is unreliable, unavailable, or that their statements are inadmissible hearsay, the judge may significantly lower the bail amount or release the defendant on their own recognizance.