Category: Evidence · Statute: F.S. 90.803(2) · Source: Florida Legislature
Understanding Excited Utterance in Florida
In Florida courts, hearsay—an out-of-court statement offered to prove the truth of the matter asserted—is generally inadmissible. However, under Section 90.803(2) of the Florida Evidence Code, an "excited utterance" is a major exception to this rule. For a statement to qualify, three strict criteria must be met: there must be a sufficiently startling event to produce nervous excitement, the statement must be made before the declarant has had time to contrive or misrepresent the facts, and the statement must relate to the startling event itself. The underlying legal theory is that the spontaneity of the reaction temporarily suspends the declarant's capacity for conscious reflection, making fabrication highly unlikely.
Whether a statement qualifies as an excited utterance depends heavily on the specific timeline and circumstances of the event. Florida judges examine the amount of time that elapsed between the startling event and the statement, the declarant's physical and mental state, and whether the statement was made in response to questioning. For example, a frantic 911 call placed immediately during a physical altercation is frequently admitted under this exception, whereas a detailed narrative given to a responding police officer after the individual has calmed down is much more likely to be excluded as inadmissible hearsay.
How Excited Utterances Impact Florida Bail and Pretrial Release
During a Florida first appearance hearing, the judge relies heavily on the arrest affidavit to determine probable cause and set bail. If the affidavit contains an excited utterance—such as a victim screaming a specific threat immediately after an assault—the judge can consider this highly persuasive hearsay when assessing the defendant's potential danger to the community. Consequently, the presence of a strong excited utterance in the police report often leads the court to set a higher bail amount or impose strict pretrial release conditions, such as a no-contact order.