What is the Business Records Hearsay Exception in Florida?

June 25, 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. Although hearsay is generally inadmissible in court, various “exceptions” to this rule exist.

One of these is the business records exception. But what is the business records exception? This blog will provide an overview of hearsay in Florida, discuss the business records exception, and when out of court business records may be introduced in court.

Fla. Stat. Sections 90.803 (hearsay exceptions for witnesses regardless of availability) and 90.804 (hearsay exceptions for unavailable witnesses) outline various exceptions allowing for the introduction of out of court statements or records under limited circumstances. Some of these include:

• Present Sense Impression: Statement describing or explaining an event made while perceiving it or immediately after.
• Excited Utterance: Statement relating to a startling event made while under stress or excitement from the event.
• Then-Existing Mental, Emotional, or Physical Condition: Statement of current state of mind, emotion, sensation, or physical condition (e.g., intent, pain).
• Statements for Purposes of Medical Diagnosis or Treatment: Statement made for diagnosis/treatment describing medical history, symptoms, or cause.
• Recorded Recollection: A record made or adopted by the witness when memory was fresh, now insufficiently remembered.
• Records of Regularly Conducted Business Activity: Business records made near the time by someone with knowledge, as part of a routine practice.
• Child Hearsay: Out-of-court statements of a child with a physical or developmental age 17 or younger describing sexual abuse or physical abuse, admissible if trustworthy and child is either available for cross or unavailable with corroboration.
• Statement Under Belief of Imminent Death: Statement made while believing death was imminent, concerning the cause or circumstances of what the declarant believed to be impending death. (Death must be so close that the declarant proverbially heard “the beating wings of the angel of death.” People v. Sarzano, 212 N.Y. 231 (1914))

The business records exception (90.803(6)) allows for the admission of records of regularly conducted business activity to be admitted if the following requirements are met:

• The record is a memo, report, record, or data compilation (in any form) of acts, events, conditions, opinion or diagnosis
• The record was made at or near the time of the event by or from information transmitted by a person with knowledge
• The record was kept in the course of regularly conducted business activity and it was the regular practice of the business to make such records
• The regularity of the record-keeping is shown by the testimony of the records custodian or other qualified witness, or a certification or declaration of compliance (so long as this is considered “trustworthy”)

If a party intends to introduce a business record under the exception at trial, they must do the following:

• Serve reasonable written notice upon every other party involved in the proceeding
• The evidence must be available for inspection sufficiently in advance of its offer into evidence
• The opposing party must have a fair opportunity to challenge the admission of the evidence 

The exception also requires the party opposing the record to file a pretrial motion indicating the grounds upon which the record should be excluded. If this issue is not raised before the trial, 90.803(6) considers this a “waiver” to the introduction of the business record. 

The admissibility of a business record under the exception may be stipulated to by both parties before a trial. But in the absence of stipulation, a business record cannot be admitted without a proper foundation laid by a qualified witness or certification that the record entirely complies with the requirements of the business records exception. Yisrael v. State, 993 So. 2d 952 (Fla. 2008)

Moreover, a business record cannot typically be admitted under the exception if the record was generated in response to a law enforcement subpoena. State v. Belvin, 986 So.2d 516, 522 (Fla. 2008). In Belvin, a breath test affidavit prepared by a law enforcement technician for a DUI prosecution was introduced at trial despite the preparing analyst not testifying at trial. Belvin held:

“While this Court and other courts have held that records kept in the ordinary course of business are generally admissible, this general rule is not applicable when the record is being prepared at the specific request of a law enforcement agency and is not simply a record that is normally generated by that business…”

Belvin stands for the proposition that if a business record was specifically generated in response to a law enforcement subpoena, it cannot be admitted without the records custodian testifying at trial– even if the remaining conditions of the business records exception are found to be satisfied. Id.

It is important to note that the business records exception does not just apply to private-sector corporations. Other entities covered by the exception include:

• Medical providers, doctor’s offices, laboratories, rehabilitation facilities
• Government agencies, public schools, universities, police departments, court clerks 
• Electric and water companies, hospitals and emergency rooms

Under the business records exception, there is a distinction between testimonial business records and nontestimonial business records. This reflects the U.S. Supreme Court’s ruling Crawford decision, which held that out of court statements (or records) made primarily for police and prosecutorial use require the declarant to testify and face cross-examination at trial. Crawford v. Washington, 541 U.S. 36 (2004). 

Examples of nontestimonial hearsay in the context of business records (admissible without the records custodian testifying at trial if it satisfies all other 90.803(6) conditions) may include:

• Hospital billing records
• Retail sales receipts
• Payroll ledgers
• Utility service logs

Testimonial hearsay in the context of business records may include:

• Lab reports (Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009))
• Chain-of-custody documents prepared for trial
• Breath test affidavits 

In sum, the business records hearsay exception in Florida allows the admission of out of court business records that satisfy certain criteria. The record(s) must be prepared in the regular course of business activity, at or near the time of the event, by a person with knowledge. The validity of the record must be testified to (if testimonial) and/or sworn to by a qualifying records custodian.

The business records exception is not only limited to private companies – it encompasses police records, university records, and more. If a party wishes to oppose the introduction of a business record under Fla. Stat. Section 90.803(6) at trial, they must make a pretrial motion – otherwise, the issue is waived.

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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