Fla. Admin. Code R. 28-106.213

Evidence

sha256 f273bde935d63c6253df7e1276975482… · retrieved 8/3/2026, 12:32:47 PM · Florida Administrative Code — official adopted-rule document + rule page (flrules.org, Dept. of State) · awaiting human verification flip (text is verbatim; the flip is the review gate)

28-106.213 Evidence.
(1) Oral evidence shall be taken only on oath or affirmation.
(2) Each party shall have the right to impeach any witness regardless of which party called the witness to testify.
(3) Hearsay evidence, whether received in evidence over objection or not, may be used to supplement or explain other evidence, but shall not be sufficient in itself to support a finding unless the evidence falls within an exception to the hearsay rule as found in Sections 90.801-.805, F.S.
(4) The rules of privilege apply to the same extent as in civil actions under Florida law.
(5) If requested and if the necessary equipment is reasonably available, testimony may be taken by means of video teleconference or by telephone.
(a) If a party cross-examining the witness desires to have the witness review documents or other items not reasonably available for the witness to review at that time, then the party shall be given a reasonable opportunity to complete the cross-examination at a later time or date for the purpose of making those documents or other items available to the witness.
(b) For any testimony taken by telephone, a notary public must be physically present with the witness to administer the oath. The notary public shall provide a written certification to be filed with the presiding officer confirming the identity of the witness, and confirming the affirmation or oath by the witness. It shall be the responsibility of the party calling the witness to secure the services of a notary public.
(6) When official recognition is requested, the parties shall be notified and given an opportunity to examine and contest the material. Requests for official recognition shall be by motion and shall be considered in accordance with the provisions governing judicial notice in Sections 90.201-.203, F.S.
Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS. History-New 4-1-97, Amended 1-15-07, 2-5-13.

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Department: ADMINISTRATION COMMISSION
Division: Departmental
Chapter: DECISIONS DETERMINING SUBSTANTIAL INTERESTS
Effective date: 2/5/2013
Rulemaking/Specific Authority: 14.202 , 120.54(5) FS.
Law Implemented: 120.54(5) FS.
History: Rulemaking Authority 14.202 , 120.54(5) FS. Law Implemented 120.54(5) FS. History-New 4-1-97, Amended 1-15-07, 2-5-13.

Operative text verbatim from the official adopted-rule document (flrules.org readFile). Metadata from the official rule page. Statutory cross-links (Law Implemented → verbatim statute corpus): FS 120.54.

Verbatim from the official publication; the only normalization is removal of the publisher's page headers. Verify against the official source for filing-critical use — court publications change without notice.