§ 90.105, Fla. Stat.

Preliminary questions

sha256 31524e1c82652532b9ad51abbab95b95… · retrieved 7/11/2026, 12:30:54 PM · 2025 Fla. Stat. — dual fetch-path (flsenate.gov + Online Sunshine), cross-host hash pipeline · verified 7/11/2026 by dual-source-pipeline

90.105 Preliminary questions. — (1) Except as provided in subsection (2), the court shall determine preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence. (2) When the relevancy of evidence depends upon the existence of a preliminary fact, the court shall admit the proffered evidence when there is prima facie evidence sufficient to support a finding of the preliminary fact. If prima facie evidence is not introduced to support a finding of the preliminary fact, the court may admit the proffered evidence subject to the subsequent introduction of prima facie evidence of the preliminary fact. (3) Hearings on the admissibility of confessions shall be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be similarly conducted when the interests of justice require or when an accused is a witness, if he or she so requests. History. — s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 471, ch. 95-147.

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.