(1) Unless otherwise provided by statute, this code applies to the same proceedings that the general laws of Florida apply to.
(2) This code does not apply to:
- (a) Proceedings for suppressing evidence or issuing warrants for search or arrest.
- (b) Proceedings for granting or revoking probation or community control.
- (c) Proceedings for sentencing.
- (d) Proceedings for granting bail.
- (e) Grand jury proceedings.
Where the Florida Evidence Code Applies: This statute defines the scope of the evidence rules, explaining where they are used and where they are not.
The General Rule: The Florida Evidence Code applies to all civil and criminal court proceedings in Florida state courts, unless a specific statute says otherwise.
The Major Exceptions: The rules of evidence (except for privilege) generally do **not** apply in proceedings where a judge is making a determination of law, rather than a jury deciding facts. This includes:
- Hearings on motions to suppress evidence.
- Grand jury proceedings.
- Sentencing hearings.
- Bail hearings.
- Hearings on probation.
