Florida Statute 90.106 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.106

90.106 Summing up and comment by judge.—A judge may not sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of the witnesses, or the guilt of the accused.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.

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Amendments to 90.106

Annotations, Discussions, Cases:

Cases Citing Statute 90.106

Total Results: 37

Huff v. State

495 So. 2d 145, 11 Fla. L. Weekly 451

Supreme Court of Florida | Filed: Aug 28, 1986 | Docket: 1750910

Cited 28 times | Published

death is appropriate in this case. NOTES [1] Section 90.106, Florida Statutes (1983) provides: A judge

Harmon v. State

527 So. 2d 182, 1988 WL 50189

Supreme Court of Florida | Filed: May 19, 1988 | Docket: 529426

Cited 21 times | Published

permit any additional testimony on the subject. Section 90.106, Florida Statutes (1985), provides that a judge

Marr v. State

494 So. 2d 1139, 11 Fla. L. Weekly 499

Supreme Court of Florida | Filed: Sep 25, 1986 | Docket: 452446

Cited 19 times | Published

included in the present instructions. Also, *1142 section 90.106 of the Florida Evidence Code, adopted by this

Universal Insurance Co. of North America v. Warfel

82 So. 3d 47, 37 Fla. L. Weekly Supp. 50, 2012 WL 224104, 2012 Fla. LEXIS 195

Supreme Court of Florida | Filed: Jan 26, 2012 | Docket: 60306224

Cited 15 times | Published

the staff analyses associated with the bill. Section 90.106 The application of section 90.304 to section

Brown v. State

11 So. 3d 428, 2009 Fla. App. LEXIS 5871, 2009 WL 1424047

District Court of Appeal of Florida | Filed: May 22, 2009 | Docket: 1656842

Cited 12 times | Published

comment on the evidence has been codified in section 90.106, Florida Statutes (2007). Vaughn v. Progressive

Walker v. State

896 So. 2d 712, 2005 WL 425409

Supreme Court of Florida | Filed: Feb 24, 2005 | Docket: 1283058

Cited 10 times | Published

an impermissible comment on the evidence. See § 90.106, Fla. Stat. (2002) (providing that a judge may

Brown v. State

678 So. 2d 910, 1996 WL 483027

District Court of Appeal of Florida | Filed: Aug 28, 1996 | Docket: 1470811

Cited 10 times | Published

verdict of guilty on all counts. We reverse. Section 90.106, Florida Statutes (1995), provides that "[a]

METRO. DADE COUNTY v. Yearby

580 So. 2d 186, 1991 WL 45209

District Court of Appeal of Florida | Filed: Apr 2, 1991 | Docket: 1364810

Cited 9 times | Published

Canevary, 553 So.2d 1312, 1316 (Fla. 3d DCA 1989); § 90.106, Fla. Stat. (1989). The final judgment under review

Alexander v. State

931 So. 2d 946, 2006 WL 1235178

District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 1522237

Cited 8 times | Published

commenting on the weight of the evidence presented. See § 90.106, Fla. Stat. (2005); Brown v. State, 678 So.2d

Marr v. State

470 So. 2d 703

District Court of Appeal of Florida | Filed: Jun 14, 1985 | Docket: 1241540

Cited 7 times | Published

relied on by defendant, codifies the law in Section 90.106 as follows:[13] A judge may not sum up the

Millett v. State

460 So. 2d 489

District Court of Appeal of Florida | Filed: Dec 10, 1984 | Docket: 1767048

Cited 7 times | Published

Appellant argues that the trial judge violated Section 90.106, Florida Statutes, providing: "A judge may

Bryan Grigg v. State of Florida

230 So. 3d 943

District Court of Appeal of Florida | Filed: Nov 15, 2017 | Docket: 6226570

Cited 6 times | Published

of the witnesses, or the guilt of the accused.” § 90.106, Fla. Stat. (2016). When three prospective

Jacques v. State

883 So. 2d 902, 2004 WL 2237714

District Court of Appeal of Florida | Filed: Oct 6, 2004 | Docket: 1369807

Cited 5 times | Published

court's view, Fondrose was a biased witness. Section 90.106, Florida Statutes (1999), states that a trial

Johnson v. State

114 So. 3d 1012, 2012 WL 3758650, 2012 Fla. App. LEXIS 14626

District Court of Appeal of Florida | Filed: Aug 31, 2012 | Docket: 60231693

Cited 4 times | Published

adduced. Id. This principle is codified in section 90.106, Florida Statutes (2011), which provides that

Edwards J. Mitchell v. State

207 So. 3d 369, 2016 Fla. App. LEXIS 18784

District Court of Appeal of Florida | Filed: Dec 22, 2016 | Docket: 4560330

Cited 3 times | Published

witness’s status as an “expert,” the court violated section 90.106, Florida Statutes (2016), which prohibits it

Rutledge v. State

1 So. 3d 1122, 2009 Fla. App. LEXIS 339, 2009 WL 127784

District Court of Appeal of Florida | Filed: Jan 21, 2009 | Docket: 1653978

Cited 3 times | Published

and complete answer to the jury's question. Section 90.106, Florida Statutes (2005), states that a judge

Vaughn v. Progressive Cas. Ins. Co.

907 So. 2d 1248, 2005 Fla. App. LEXIS 11811, 2005 WL 1787313

District Court of Appeal of Florida | Filed: Jul 29, 2005 | Docket: 459443

Cited 3 times | Published

This general principle has been codified in section 90.106, Florida Statutes (2003), which provides that

Moton v. State

659 So. 2d 1269, 1995 WL 509280

District Court of Appeal of Florida | Filed: Aug 30, 1995 | Docket: 1747958

Cited 3 times | Published

evidence may be more important than other evidence. § 90.106, Fla. Stat. (1993); Williams v. State, 143 So

Fogelman v. State

648 So. 2d 214, 1994 WL 706328

District Court of Appeal of Florida | Filed: Dec 21, 1994 | Docket: 1701900

Cited 3 times | Published

of the witnesses themselves and of counsel, Section 90.106 recognizes that a judge is prohibited from

Rafael Alexander Gutierrez v. State of Florida

177 So. 3d 226, 40 Fla. L. Weekly Supp. 359, 2015 Fla. LEXIS 1383, 2015 WL 3887354

Supreme Court of Florida | Filed: Jun 25, 2015 | Docket: 2668463

Cited 2 times | Published

important prohibition has in fact been codified in section 90.106, Florida Statutes (2014), which states that

Thomas v. State

838 So. 2d 1192, 2003 WL 201335

District Court of Appeal of Florida | Filed: Jan 31, 2003 | Docket: 1513743

Cited 2 times | Published

that preceded Thomas's alleged confession. Section 90.106, Florida Statutes (2001), prohibits a trial

Walden v. State

123 So. 3d 1164, 2013 WL 950237, 2013 Fla. App. LEXIS 3957

District Court of Appeal of Florida | Filed: Mar 13, 2013 | Docket: 60234885

Cited 1 times | Published

of the witnesses, or the guilt of the accused.” § 90.106, Fla. Stat. (2011). While a judge may take some

Diaz v. State

958 So. 2d 377, 2007 WL 403577

District Court of Appeal of Florida | Filed: Feb 7, 2007 | Docket: 235330

Cited 1 times | Published

So.2d 422, 424-25 (Fla. 3d DCA 1959). See also § 90.106, Fla. Stat. (2004); Charles W. Ehrhardt, Florida

Coates v. State

855 So. 2d 223, 2003 Fla. App. LEXIS 14544, 2003 WL 22213346

District Court of Appeal of Florida | Filed: Sep 26, 2003 | Docket: 64825248

Cited 1 times | Published

you in the jury room. Mr. Coates argues that section 90.106, Florida Statutes (2001), compelled the granting

Ellancer Allen McGrady v. State of Florida

District Court of Appeal of Florida | Filed: Oct 9, 2024 | Docket: 69238738

Published

upon the province of the jury . . . .”); see also § 90.106, Fla. Stat. (2023) (“A judge may not sum up the

William Lee v. State of Florida

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 8455094

Published

v. State, 143 So. 2d 484, 488 (Fla. 1962); see § 90.106, Fla. Stat. (2015) (“A judge may not sum up the

Lee v. State

264 So. 3d 225

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64704560

Published

State , 143 So.2d 484, 488 (Fla. 1962) ; see § 90.106, Fla. Stat. (2015) ("A judge may not sum up the

Lee v. State

264 So. 3d 225

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64704559

Published

State , 143 So.2d 484, 488 (Fla. 1962) ; see § 90.106, Fla. Stat. (2015) ("A judge may not sum up the

Devin Lee Bass v. State of Florida

District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 8409771

Published

to the jury upon the weight of the evidence,” § 90.106, Fla. Stat., and that “jury instructions that

Kevin Osorio v. State of Florida

186 So. 3d 601, 2016 Fla. App. LEXIS 3134, 2016 WL 803515

District Court of Appeal of Florida | Filed: Mar 2, 2016 | Docket: 3040734

Published

court’s position of neutrality. See § 90.106, Fla. Stat. (2011) (“A judge may not sum up the

Orange County v. Buchman

81 So. 3d 520, 2012 WL 315869, 2012 Fla. App. LEXIS 1382

District Court of Appeal of Florida | Filed: Feb 3, 2012 | Docket: 60305936

Published

prohibition against judicial comment set forth in section 90.106, Florida Statutes (2010), and contradicted

Williams v. State

70 So. 3d 733, 2011 Fla. App. LEXIS 14944, 2011 WL 4374298

District Court of Appeal of Florida | Filed: Sep 21, 2011 | Docket: 138257

Published

of the witnesses, or the guilt of the accused.” § 90.106, Fla. Stat. (2009). Although ordinarily a judge

Mitsubishi Motors Corp. v. LALIBERTE

52 So. 3d 31, 2010 Fla. App. LEXIS 19098, 2010 WL 5093140

District Court of Appeal of Florida | Filed: Dec 15, 2010 | Docket: 2407295

Published

ultimate issue to be decided, in violation of section 90.106, Florida Statutes (2008). See also Jacques

Grant v. State

764 So. 2d 804, 2000 Fla. App. LEXIS 9360, 2000 WL 1021359

District Court of Appeal of Florida | Filed: Jul 26, 2000 | Docket: 64799460

Published

party or the attorney in the jury’s presence. Section 90.106 of the Florida Evidence Code clearly dictates

Whitaker v. State

742 So. 2d 530, 1999 Fla. App. LEXIS 13721, 1999 WL 923857

District Court of Appeal of Florida | Filed: Oct 20, 1999 | Docket: 64791427

Published

comment on the credibility of the witness. See § 90.106, Fla. Stat. (1997); Fogelman v. State, 648 So

Gonzalez v. Mercy Hospital, Inc.

738 So. 2d 955, 1999 Fla. App. LEXIS 4677, 1999 WL 211901

District Court of Appeal of Florida | Filed: Apr 14, 1999 | Docket: 64789932

Published

of the witnesses, or the guilt of the accused.” § 90.106, Fla. Stat. (1997). “Excessive participation of

Davis v. State

516 So. 2d 953, 11 Fla. L. Weekly 2238, 1986 Fla. App. LEXIS 10360, 1986 WL 92

District Court of Appeal of Florida | Filed: Oct 22, 1986 | Docket: 64631489

Published

Millett v. State, 460 So.2d 489 (Fla. 1st DCA 1984); § 90.106, Fla.Stat. (1985). For the court to apprise the