Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Florida Statute 90.404 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
Statute is currently reporting as:
F.S. 90.404 Case Law from Google Scholar Google Search for Amendments to 90.404

The 2024 Florida Statutes

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.404
90.404 Character evidence; when admissible.—
(1) CHARACTER EVIDENCE GENERALLY.—Evidence of a person’s character or a trait of character is inadmissible to prove action in conformity with it on a particular occasion, except:
(a) Character of accused.—Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the trait.
(b) Character of victim.—
1. Except as provided in s. 794.022, evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the trait; or
2. Evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the aggressor.
(c) Character of witness.—Evidence of the character of a witness, as provided in ss. 90.608-90.610.
(2) OTHER CRIMES, WRONGS, OR ACTS.—
(a) Similar fact evidence of other crimes, wrongs, or acts is admissible when relevant to prove a material fact in issue, including, but not limited to, proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, but it is inadmissible when the evidence is relevant solely to prove bad character or propensity.
(b)1. In a criminal case in which the defendant is charged with a crime involving child molestation, evidence of the defendant’s commission of other crimes, wrongs, or acts of child molestation is admissible and may be considered for its bearing on any matter to which it is relevant.
2. For the purposes of this paragraph, the term “child molestation” means conduct proscribed by s. 787.025(2)(c), s. 787.06(3)(g), former s. 787.06(3)(h), s. 794.011, excluding s. 794.011(10), s. 794.05, former s. 796.03, former s. 796.035, s. 800.04, s. 827.071, s. 847.0135(5), s. 847.0145, or s. 985.701(1) when committed against a person 16 years of age or younger.
(c)1. In a criminal case in which the defendant is charged with a sexual offense, evidence of the defendant’s commission of other crimes, wrongs, or acts involving a sexual offense is admissible and may be considered for its bearing on any matter to which it is relevant.
2. For the purposes of this paragraph, the term “sexual offense” means conduct proscribed by s. 787.025(2)(c), s. 787.06(3)(b), (d), (f), or (g), former s. 787.06(3)(h), s. 794.011, excluding s. 794.011(10), s. 794.05, former s. 796.03, former s. 796.035, s. 825.1025(2)(b), s. 827.071, s. 847.0135(5), s. 847.0145, or s. 985.701(1).
(d)1. When the state in a criminal action intends to offer evidence of other criminal offenses under paragraph (a), paragraph (b), or paragraph (c), no fewer than 10 days before trial, the state shall furnish to the defendant or to the defendant’s counsel a written statement of the acts or offenses it intends to offer, describing them with the particularity required of an indictment or information. No notice is required for evidence of offenses used for impeachment or on rebuttal.
2. When the evidence is admitted, the court shall, if requested, charge the jury on the limited purpose for which the evidence is received and is to be considered. After the close of the evidence, the jury shall be instructed on the limited purpose for which the evidence was received and that the defendant cannot be convicted for a charge not included in the indictment or information.
(3) Nothing in this section affects the admissibility of evidence under s. 90.610.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 2, ch. 90-40; s. 26, ch. 93-156; s. 473, ch. 95-147; s. 1, ch. 2001-221; s. 9, ch. 2008-172; s. 2, ch. 2011-220; s. 14, ch. 2012-97; s. 15, ch. 2014-160.

F.S. 90.404 on Google Scholar

F.S. 90.404 on Casetext

Amendments to 90.404


Arrestable Offenses / Crimes under Fla. Stat. 90.404
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.404.

Annotations, Discussions, Cases:

Cases Citing Statute 90.404

Total Results: 20

Paylan v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-12-11

Snippet: put Paylan's intent squarely at issue. See § 90.404(2)(d)1, Fla. Stat. (2012) ("No notice is required

Zachary Nathaniel Music v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-12-04

Snippet: 3d 248, 251 (Fla. 4th DCA 2011) (quoting § 90.404(2)(a), Fla. Stat.). “In determining the admissibility

Gianino v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-12-04

Snippet: bearing on any matter to which it is relevant.” § 90.404(2)(b)(1), Fla. Stat.; see also Wood v. State, 238

State of Florida v. Logan Ryan Riggleman

Court: District Court of Appeal of Florida | Date Filed: 2024-11-22

Snippet: 110 So. 2d 654 (Fla. 1959). sections 90.403 and 90.404(2)(b), Florida Statutes (2020). This would result

Eduardo Acosta v. the State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-11-06

Snippet: at least in part, politically motivated. See § 90.404, Fla. Stat. (2024) (“Similar fact evidence of

Anthawn Ragan, Jr. v. the State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-10-30

Snippet: evidence did not become a feature of the trial. See § 90.404(d)2., Fla. Stat. (2023) (“When the evidence is

Tyrone T. Johnson v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2024-09-19

Snippet: non-responsive statement was objectionable, see § 90.404(2)(a), Fla. Stat. (2018), but in context was not

In Re: Amendments to Florida Rules of Criminal Procedure - 2024 Legislation

Court: Supreme Court of Florida | Date Filed: 2024-08-29

Snippet: section -4- 90.404(2), Florida Statutes. The names and addresses of

Lisandra Soto Gutierrez v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-07-17

Snippet: evidence of other conduct, which, pursuant to section 90.404(2)(a), Florida Statutes, is similar to the charged

Tyrone T. Johnson v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2024-07-11

Snippet: non-responsive statement was objectionable, see § 90.404(2)(a), Fla. Stat. (2018), but in context was not

Doug Cantrel Heath v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-06-19

Snippet: by the requirements and limitations of section 90.404, and dissimilar fact evidence is governed by the

Tony Anthony Simmons Jr v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-06-19

Snippet: wrongs, or acts under Florida Rule of Evidence 90.404(2)(b). At an evidentiary hearing on the State’s

DC Tyrone Atkins, Jr. v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-06-12

Snippet: pertinent provision of the Evidence Code, section 90.404 of the Florida Statutes; and explained that the

MICHAEL R. JACKSON v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-04-05

Snippet: of other crimes, wrongs, or acts under section 90.404, Florida Statutes. The other crime was a sexual

ANDREW JAMES LYDECKER v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-04-05

Snippet: given was an accurate statement of the law. See § 90.404(2)(b)1 ("In a criminal case in which the defendant

Ruben Christopher Goodson v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-01-17

Snippet: unnoticed collateral crime evidence pursuant to section 90.404(2)(d)1., Florida Statutes. We review the trial

D.M.T., A JUVENILE v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-07-05

Snippet: solely to prove bad character or propensity.” § 90.404(2)(a), Fla. Stat. (2022). But collateral crimes

PHILIP GROSS GILLIG v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-02-22

Snippet: introduce collateral crime evidence pursuant to section 90.404(2)(a), Florida Statutes (2021), which permits similar

Layton Todd Mizell v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2022-09-21

Snippet: argued that this evidence was barred under section 90.404, Florida Statutes (2018), as an impermissible use

THE STATE OF FLORIDA v. MICHAEL CLAYTON WOODRUFF

Court: District Court of Appeal of Florida | Date Filed: 2022-07-20

Snippet: necessary to explain the charges. See, e.g., § 90.404(2)(a), Fla. Stat.4 After an evidentiary hearing