Top Exclusions to Relevant Evidence Tested on the Florida Bar Exam

Under Florida law, relevance is only the starting point. Evidence is relevant if it tends to prove or disprove a material fact of consequence in the case. But relevance alone does not guarantee admissibility.

The Florida Bar regularly tests situations where evidence feels important — repairs after an accident, settlement offers, apologies, prior bad acts — yet the evidence is excluded by specific rules grounded in public policy or fairness. The key skill is recognizing when relevance is overridden by an exclusion, and knowing the narrow purposes for which the evidence may still come in.

Relevance Is the Threshold — Not the Finish Line

Evidence is relevant if it tends to prove or disprove a material fact of consequence in the case. Relevant evidence is admissible unless otherwise excluded by law.

Rule 403: Discretionary Balancing

Even relevant evidence may be excluded if its probative value is substantially outweighed by the danger of:

• Unfair prejudice,
  
  
• Confusion of issues,
  
  
• Misleading the jury, or
  
  
• Needless presentation of cumulative evidence.

This rule requires the trial court to weigh probative value against unfair prejudice.

Rule 403 does not operate as a categorical exclusion.

Florida recognizes both direct evidence and circumstantial evidence, and both may be relevant and admissible. The mistake bar takers make is stopping the analysis at relevance, without asking whether a specific exclusion applies.

Character Evidence: Relevant, but Excluded to Prevent Propensity Reasoning

Character evidence often feels probative. If a person has acted a certain way before, it seems logical to infer they acted the same way again. Florida law generally rejects this reasoning.

General Rule

Character evidence is inadmissible to prove that a person acted in conformity with a character trait on a particular occasion. The exclusion exists to prevent unfair prejudice and propensity-based reasoning, even when the evidence appears relevant.

Limited Exceptions

Character evidence may be admissible in specific circumstances:

• Character of the accused: If the accused introduces evidence of a character trait, the prosecution may rebut it.
  
  
• Character of the victim: If the accused introduces evidence of the victim’s character, the prosecution may rebut it. In homicide cases, the prosecution may offer evidence of the victim’s peacefulness to rebut claims that the victim was the aggressor.
  
  
• Character of a witness: Character evidence related to impeachment, such as bias or truthfulness, may be admissible.

Methods of Proof in Florida

In Florida, character is proven by:

• Reputation testimony
  
  
• Specific instances of conduct only when character is an essential element of a charge, claim, or defense

Florida does not permit opinion testimony to prove character.

Character is an essential element in cases such as entrapment, defamation, negligent hiring, negligent entrustment, and child custody.

Prior Bad Acts and Similar Fact Evidence

Evidence of prior crimes, wrongs, or acts may be relevant, but is inadmissible if offered solely to prove bad character or propensity.

Permitted Uses

Similar fact evidence may be admitted to prove material facts such as:

• Motive
  
  
• Opportunity
  
  
• Intent
  
  
• Preparation
  
  
• Plan
  
  
• Knowledge
  
  
• Identity
  
  
• Absence of mistake or accident

The key is purpose. If the evidence is offered only to show propensity, it is excluded.

Sexual Offense and Child Molestation Cases

Florida provides statutory exceptions allowing evidence of other sexual offenses or child molestation when the defendant is charged with a qualifying offense.

To admit this evidence:

• The prior acts must be proven by clear and convincing evidence
  
  
• The court must apply § 90.403 balancing
  
  
• Relevant factors include similarity, temporal proximity, frequency, and intervening circumstances

This evidence may be admitted for propensity and to corroborate the victim’s testimony, subject to heightened safeguards.

A notice requirement applies: the prosecution must provide written notice at least 10 days before trial, except when the evidence is offered for impeachment or rebuttal.

Sexual-Offense–Specific Limits on Otherwise Relevant Evidence

In prosecutions for human trafficking, sexual battery, and lewd or lascivious offenses, Florida law imposes additional limits on evidence concerning a victim’s prior sexual conduct.

• Evidence of prior consensual sexual activity is generally inadmissible to prove consent or sexual predisposition
  
  
• Narrow exceptions may apply after an in-camera hearing
  
  
• Reputation evidence and evidence of a victim’s manner of dress offered to suggest consent or incitement are inadmissible

Evidence of manner of dress may be admissible only if offered for a different, relevant purpose unrelated to sexual behavior.

Routine Practice

Evidence of an organization’s routine practice is admissible to prove that the organization acted in accordance with that practice on a particular occasion.

This evidence:

• Does not require corroboration
  
  
• Does not require an eyewitness

Routine practice is an example of Florida law allowing admission even when other conduct evidence would be excluded.

Policy-Based Exclusions 

Florida law excludes certain categories of evidence regardless of relevance.

Subsequent Remedial Measures

Evidence of repairs or changes made after an injury is inadmissible to prove negligence, fault, or a product defect. The purpose is to encourage safety improvements.

Such evidence may be admitted for limited purposes, including ownership, control, feasibility of precautionary measures, or impeachment, if those issues are disputed.

Offers to Compromise and Settlement Discussions

Offers to compromise a claim, and statements made during settlement negotiations, are inadmissible to prove liability, invalidity, or the amount of a claim.

The exclusion applies even if the dispute has not fully materialized. Settlement evidence may be admitted for another purpose, such as bias or prejudice, if offered independently of liability or amount.

Mediation Communications

Mediation communications are confidential and generally inadmissible, even for purposes where settlement offers might otherwise be admitted, unless a statutory exception applies.

Payment of Medical Expenses

Evidence of paying or offering to pay medical or hospital expenses is inadmissible to prove fault or liability. The rule exists to prevent humanitarian gestures from being treated as admissions.

Pleas and Plea Discussions

Withdrawn guilty pleas, pleas of nolo contendere, and offers to plead are inadmissible in civil and criminal proceedings.

Statements made during plea negotiations are generally inadmissible, with narrow exceptions, such as prosecutions for false statements or perjury.

Statements Expressing Sympathy

In civil cases, statements or gestures expressing sympathy about an accident are inadmissible to prove fault. However, statements of fault made in connection with sympathy are admissible.

The sympathy exclusion applies only in civil cases. In criminal cases, such statements may be admitted.

Florida Bar Exam Takeaway

On the Florida Bar Exam, many Evidence questions turn on the distinction between relevance and admissibility. Evidence may appear probative and still be excluded by specific rules grounded in fairness or public policy.

When analyzing evidence on the Florida Bar Exam:

1. Ask whether the evidence is relevant.
   
   
2. If relevant, check whether a Florida Evidence Rule excludes it.
   
   
3. If excluded, check whether the rule contains an exception that allows the evidence for a specific purpose.

Do not jump directly from relevance to admissibility.

Studying for the Florida Bar Exam?

The concepts and rules in this article are drawn from the same Florida Evidence framework used throughout our Florida + MBE Bundle, where high-yield exclusions, exceptions, and exam traps are organized the way the Florida Bar actually tests them.

👉 You can find our Florida + MBE Bundle here, which includes structured Evidence guides, distinctions, and exam-focused outlines designed for memorization and application.

Citations 

• Fla. Stat. § 90.401, 90.402, and 90.403 (Relevance and balancing)
• Fla. Stat. § 90.404 (Character evidence and prior bad acts)
• Fla. Stat. § 90.404(b) and (c) (Child molestation and sexual offenses) and Williams v. State, 110 So.2d. 654 (Fla. 1959)
• Fla. Stat. § 794.022 (Evidence of prior sexual conduct of victim; admissibility)
• Fla. Stat. § 90.406 (Routine practice) 
• Fla. Stat. § 90.407 (Subsequent remedial measures)
• Fla. Stat. § 90.408 (Offers to compromise)
• Fla. Stat. § 90.409 (Payment of medical expenses)
• Fla. Stat. § 44.405 (Mediation confidentiality)
• Fla. Stat. § 90.410 (Pleas)
• Fla. Stat. § 90.4026 (Statements of sympathy)