What Is ‘Effect on the Listener’ in Florida Hearsay Law?

June 30, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, hearsay is defined as an out of court statement offered in court to prove the truth of the matter asserted in the statement. It is generally inadmissible, unless it falls under one of Florida law’s designated hearsay exceptions under Fla. Stat. Section 90.803 or 90.804.

However, not every out of court statement will necessarily be considered inadmissible hearsay unless it is subject to a designated exception. This is because Florida law allows the introduction of out-of-court statements, regardless of if they fall under a firmly rooted hearsay exception, if the statement is used to establish its effect on the listener. Lauwereins v. State, 328 So. 3d 1041 (Fla. 1st DCA 2021)

But what does “effect on the listener” truly mean in the context of hearsay law – and can “effect on the listener” be used to get around hearsay rules if not objected to by a defense attorney? This article will answer these important legal questions.

In Florida, if an out of court statement is offered in court to show its effect on the listener rather than for the truth of the matter asserted, it is not considered hearsay. Id. This means that despite the fact that the statement originates out of court, it does not have to abide by Florida’s hearsay exceptions. 

Some practical examples of statements that may be offered for effect on the listener include:

• “There’s a bomb in the building!”: If introduced to show why the listener evacuated the building, not to prove there was actually a bomb in the building.
• “She’s been cheating on you!”: If introduced to show why the listener allegedly became violent in a domestic situation, not to prove the partner was actually cheating.
• “He has a gun!”: If introduced to show why police drew their weapons on a suspect, not to actually prove that the suspect possessed a firearm.

In each of these cases, the statement (which would typically qualify as hearsay) is not subject to exclusion from court because it is not being introduced for the purpose of establishing the truth of what it asserts (Fla. Stat. Section 90.801(1)(c)).

Conversely, examples of hearsay (out of court) statements that are offered for the truth of the matter asserted in the statement may include:

• “He sold me the drugs”: An out of court statement introduced in court as proof of the allegation that the defendant sold drugs.
• “She told me the gun she used was in the glove box”: An out of court statement introduced in court to prove that the defendant knew the location of the gun allegedly involved in a crime.
• “I saw him commit the robbery”: An out of court statement introduced in court to prove that the witness saw the defendant commit the alleged robbery.

Unlike statements introduced for the effect on the listener, these statements are specifically being introduced to prove the truth of the matter asserted within them (hearsay). Such statements are inadmissible in court unless they fall under a recognized 90.803 or 90.804 hearsay exception.

Sometimes, there is a gray area when it comes to identifying which statements are being offered to establish effect on the listener (the person who heard the statement), and those specifically offered to prove the truth of the matter asserted. Examples of these “gray area” statements may include:

• “That’s the guy who shot me”: An officer testifies to the alleged victim’s statement. The State argues this is to show why the officer arrested the defendant after he was identified as the shooter (effect on the listener). However, this statement could also be considered evidence of the truth of the matter asserted (establishing the defendant’s guilt of shooting the victim).
• “My mom told me to lie to the police”: The State may argue this is being introduced to show why the defendant’s child lied or felt she needed to lie to law enforcement (effect on the listener). However, this can easily be seen as substantive evidence of a defendant’s motive or guilt (hearsay).
• “He told me to get rid of the weapon”: The State may argue this is being introduced to show why the witness tampered with evidence (effect on the listener). However, this can be seen as substantive evidence of the defendant’s guilt or consciousness of guilt (making it hearsay without a qualifying exception).

Florida’s courts have grappled with the issue of when statements cross over from hearsay to statements being offered to establish effect on the listener. Courts have consistently noted that when a statement is introduced to prove what a person thought after hearing the statement, it is being offered to prove the person’s state of mind and is not hearsay. Jenkins v. State, 189 So.3d 866 (Fla. 4th DCA 2015)

In Eugene v. State, the State attempted to introduce emails from a victim that documented the rapid deterioration of the victim’s relationship with Eugene (before she was murdered). The defense objected, arguing the emails were being offered as substantive evidence to indicate the defendant’s guilt.

The Fourth District Court of Appeal upheld the trial court’s decision, permitting the introduction of the emails, as they were used to show the emotional impact of the relationship’s end on the appellant (effect on the listener) rather than to prove the truth of what was being discussed within the emails. Eugene v. State, 53 So.3d 1104 (Fla. 4th DCA 2011)

In Philip Morris USA, Inc. v. Gloger, 273 So.3d 1046 (Fla. 3d. DCA 2019), the Third District Court of Appeal reached a similar conclusion. There, Gloger sued Philip Morris (a major tobacco company) in a civil case for emotional injury after his wife’s death from lung cancer was linked to smoking. 

Gloger sought to introduce the statements made by oncologists that his wife had lung cancer for the purpose of showing his emotional reaction to them. Philip Morris objected, arguing this was inadmissible hearsay to prove that Gloger’s deceased wife’s cancer originated in her lungs – thus opening the company up to greater potential liability under Engle v. Liggett Group, Inc., 945 So.2d 1246 (Fla. 2006).

The 3rd DCA upheld the introduction of the statements, observing that the judge had given a limiting instruction to the jury that the statement was only to be considered for purposes of showing its effect on the listener (Gloger’s emotional reaction). Because the jury was told not to consider the statement’s truth (or lack thereof) – only its impact on the listener – the court upheld the verdict.

Importantly, not all out of court statements introduced for their effect on the listener are automatically admissible because they technically do not qualify as hearsay. 

These statements (like all evidence exhibits) are still bound by Fla. Stat. Section 90.403, which states that relevant evidence is to be excluded if its probative value is substantially outweighed by:

• Danger of unfair prejudice
• Confusion of issues
• Misleading the jury
• Needless presentation of cumulative evidence

An experienced and aggressive Florida criminal defense attorney may object to the introduction of out of court statements introduced for the effect on the listener on any of the above grounds. If the statement is substantially more likely to be unfairly prejudicial than probative (relevant in proving or disproving a material fact), it must be excluded even if it is not technically hearsay.

If a hearsay objection is not made at trial, this is considered waived on appeal absent a showing of fundamental error – meaning the verdict could not have been obtained without the erroneous introduction of the hearsay. Carratelli v. State, 832 So. 2d 850 (Fla. 4th DCA 2002). This is extremely rare. 

In sum, out of court statements are not considered hearsay if they are introduced for their effect on the listener rather than to prove the truth of the matter asserted in the statement. Though it is sometimes clear when the statement is hearsay, as opposed to being introduced solely to show its effect on the listener, this line is often blurred.

Florida’s courts have upheld the introduction of out-of-court statements in many cases on the grounds that they were used to establish their effect on the listener. But “effect on the listener” may be used as a backdoor to introduce inadmissible hearsay. The State may claim this is being offered for its effect on the listener, but the real goal is to assert the statement’s truth (hearsay) and cause the jury to infer guilt.

If a party attempts to introduce a statement arguing effect on the listener – but the other argues it is hearsay – courts may do any of the following:

• Admit the statement without a limiting instruction
• Admit the statement with a limiting instruction specifying that the jury may not consider the statement for any purpose other than its effect on the listener
• Deny the admission of the statement on the grounds that it is actually hearsay (and does not qualify under an exception), or on 90.403 grounds

When the State attempts to introduce an out of court statement and argues this is to show its effect on the listener (not to prove the truth of the matter asserted), it is critical to have an experienced and aggressive Florida defense attorney to object on hearsay grounds. 

If someone is arrested and formally charged in Florida in a case involving potential admission of hearsay, it is critical to find experienced and trusted legal representation as soon as possible. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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