In short: In Conner v. State, 748 So. 2d 950 (Fla. 1999), an 84-year-old robbery victim died before trial, and the State wanted his statements admitted under § 90.803(24). The Florida Supreme Court held that exception unconstitutional in criminal cases under the Confrontation Clause. It expressly left civil cases and disabled adults undecided.
The Facts
The victim, Mr. Ford, was 84, lived alone, and had poor eyesight, hearing loss and occasional memory lapses.
David Conner was charged with armed burglary, robbery and kidnapping.
Ford gave police an unsworn statement hours after the incident and a sworn statement two weeks later. He died about three months later, before trial, and the State never preserved his testimony.
The trial court allowed the statements under § 90.803(24) after a reliability hearing. Conner pleaded no contest, reserving the constitutional issue.
The Decision
The Florida Supreme Court quashed the Second DCA decision and remanded (Case No. 92,835, Sept. 16, 1999).
The elderly-person exception was new in 1995 and unique to Florida, so it was not “firmly rooted.” Statements admitted under it are presumptively unreliable without particularized guarantees of trustworthiness.
The statute’s reliability factors could not supply those guarantees, because the frailties that make an elderly witness’s statement necessary can also make it less reliable. The child-hearsay exception was distinguishable.
The holding is limited to elderly declarants in criminal cases. A footnote declined to decide civil cases or disabled adults.
The Law
Current law (2026): § 90.803(24) is still on the books and still says it applies in civil or criminal proceedings, with reliability findings, unavailability and corroboration requirements.
Conner used the Ohio v. Roberts framework, which the U.S. Supreme Court replaced in Crawford v. Washington (2004) with a testimonial-statement test. How Florida courts apply § 90.803(24) after Crawford should be researched before relying on it.
Lessons
- In elder-abuse prosecutions, preserve the victim’s testimony early through a deposition to perpetuate testimony.
- Civil cases, including probate and exploitation cases, may still use § 90.803(24), but expect challenges.
- Statements to police are especially likely to be testimonial and excluded in criminal cases.
- Families should report and document exploitation promptly while the elder can still testify.
Source: Opinion, Conner v. State, 748 So. 2d 950 (Fla. 1999)
Watch the Oral Argument
This is the recording of the Florida Supreme Court oral argument. The video description cites § 90.803(23); the elderly-person exception at issue is § 90.803(24). What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Is Florida’s Elderly Person Hearsay Exception Constitutional? | Conner v. State of Florida
Go Deeper
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Frequently Asked Questions
Can an elderly victim’s out-of-court statements be used in Florida?
In criminal cases, Conner held the § 90.803(24) exception unconstitutional for elderly declarants. Civil use was left open, and the statute remains on the books.
What is § 90.803(24)?
Florida’s hearsay exception for statements by elderly persons or disabled adults describing abuse, neglect or exploitation, subject to reliability findings.
How can testimony be preserved if an elderly victim may not survive until trial?
Through a deposition to perpetuate testimony under the criminal or civil rules, taken early.
Does Conner apply in probate or exploitation lawsuits?
The Court declined to decide civil cases, so the exception may still be argued there.
Talk to a Florida probate litigation lawyer
Weidner Law, P.A. handles Florida probate, trust, guardianship and elder-exploitation disputes from St. Petersburg. If you need a probate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
