Florida Statutes

Fla. Stat. § 90.404 (2025)

Character evidence; when admissible.

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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.

(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.

Notes of Decisions

Cited in 887 cases (54 in the last 5 years), 1979–2026 · leading case: McLean v. State, 934 So. 2d 1248 (Fla. 2006).

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McLean v. State, 934 So. 2d 1248 (Fla. 2006). · cites it 35× “[4] This rule is codified at section 90.404(2)(a), Florida Statutes (2005), which provides: 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,…”

Robertson v. State, 829 So. 2d 901 (Fla. 2002). · cites it 19× “However, section 90.404(1), provides: CHARACTER EVIDENCE GENERALLY.”

Victorino v. State, 23 So. 3d 87 (Fla. 2009). · cites it 20× “Similar fact evidence is governed by the requirements and limitations of section 90.404, and dissimilar fact evidence is governed by the general rule of *99 relevancy set forth in section 90.”

Durousseau v. State, 55 So. 3d 543 (Fla. 2010). · cites it 20× “In response, Durousseau filed a motion in limine asking that the trial court exclude evidence of the collateral murders.”

Dorsett v. State, 944 So. 2d 1207 (Fla. 3d DCA 2006). · cites it 19× “402, rather than as "other criminal offenses" pursuant to section 90.404, the ten-day notice requirement did not apply.”

Kelly Lamont Whisby v. State of Florida, 262 So. 3d 228 (Fla. 1st DCA 2018). · cites it 34× “” § 90.404(2)(a), Fla. Stat. The State is required to give notice to defense counsel of its intention to admit such evidence.”

Smith v. State, 866 So. 2d 51 (Fla. 2004). · cites it 15× “In his third claim, Coolen contends that the knife threat to Jamie Caughman constituted "collateral crimes" evidence that was being introduced to show his propensity to confront people with a knife.”

Griffin v. State, 639 So. 2d 966 (Fla. 1994). · cites it 9× “The heading of section 90.404(2) is "OTHER CRIMES, WRONGS, OR ACTS.”

Quentin Marcus Truehill v. State of Florida, 211 So. 3d 930 (Fla. 2017). · cites it 5× “(quoting § 90.404, Fla. - 22 - Stat.). Dissimilar fact evidence is governed by section 90.”

Conde v. State, 860 So. 2d 930 (Fla. 2003). · cites it 6× “" § 90.404(2)(a), Fla. Stat (2002). Such evidence is called Williams rule evidence in reference to this Court's decision in Williams v.”

Thomas v. State, 599 So. 2d 158 (Fla. 1st DCA 1992). · cites it 22× “The substance of the collateral crime testimony being offered by the state pursuant to section 90.404(2), Florida Statutes (1989), was made known to the trial judge through the deposition of the collateral crime witness.”

Donton v. State, 1 So. 3d 1092 (Fla. 1st DCA 2009). · cites it 18× “See § 90.404(2)(a), Fla. Stat. (2005); Williams v.”

Show all 887 citing cases →

— 90.404(1) — 48 cases

Rodney Tyrone Lowe v. State of Florida, 259 So. 3d 23 (Fla. 2018).

Thigpen v. United Parcel Servs., Inc., 990 So. 2d 639 (Fla. 4th DCA 2008).

Robertson v. State, 829 So. 2d 901 (Fla. 2002). “However, section 90.404(1), provides: CHARACTER EVIDENCE GENERALLY.”

Flanagan v. State, 625 So. 2d 827 (Fla. 1993).

Hendricks v. State, 34 So. 3d 819 (Fla. 1st DCA 2010).

— 90.404(1)(a) — 25 cases

Robertson v. State, 829 So. 2d 901 (Fla. 2002). “However, section 90.404(1), provides: CHARACTER EVIDENCE GENERALLY.”

Erickson v. State, 565 So. 2d 328 (Fla. 4th DCA 1990).

Squires v. State, 450 So. 2d 208 (Fla. 1984).

Flanagan v. State, 586 So. 2d 1085 (Fla. 1st DCA 1991).

Audano v. State, 641 So. 2d 1356 (Fla. 2d DCA 1994).

— 90.404(1)(b) — 17 cases

Johnson v. State, 804 So. 2d 1218 (Fla. 2001).

Love v. State, 971 So. 2d 280 (Fla. 4th DCA 2008).

Grace v. State, 832 So. 2d 224 (Fla. 2d DCA 2002).

Berrios v. State, 781 So. 2d 455 (Fla. 4th DCA 2001).

State v. Storer, 920 So. 2d 754 (Fla. 2d DCA 2006).

— 90.404(1)(b)(1) — 4 cases

State v. Storer, 920 So. 2d 754 (Fla. 2d DCA 2006).

State v. Smith, 573 So. 2d 306 (Fla. 1990).

McElveen v. State, 415 So. 2d 746 (Fla. 1st DCA 1982).

Adkins v. State, 448 So. 2d 1096 (Fla. 4th DCA 1984).

— 90.404(1)(b)(2) — 1 case

Peterka v. State, 890 So. 2d 219 (Fla. 2004).

— 90.404(1)(c) — 4 cases

Robertson v. State, 829 So. 2d 901 (Fla. 2002). “However, section 90.404(1), provides: CHARACTER EVIDENCE GENERALLY.”

Elijah Brookins v. State of Florida, 228 So. 3d 31 (Fla. 2017).

Welch v. State, 940 So. 2d 1244 (Fla. 2d DCA 2006).

Atoya Holmes v. the State of Florida (Fla. 3d DCA 2025).

— 90.404(2) — 240 cases

Victorino v. State, 23 So. 3d 87 (Fla. 2009). “Similar fact evidence is governed by the requirements and limitations of section 90.404, and dissimilar fact evidence is governed by the general rule of *99 relevancy set forth in section 90.”

Durousseau v. State, 55 So. 3d 543 (Fla. 2010). “In response, Durousseau filed a motion in limine asking that the trial court exclude evidence of the collateral murders.”

In Re Amendments to Fla. Evidence Code, 825 So. 2d 339 (Fla. 2002).

McGirth v. State, 48 So. 3d 777 (Fla. 2010).

McDuffie v. State, 970 So. 2d 312 (Fla. 2007).

— 90.404(2)(A) — 1 case

Link v. Tucker, 870 F. Supp. 2d 1309 (N.D. Fla. 2012).

— 90.404(2)(a) — 458 cases

Robertson v. State, 829 So. 2d 901 (Fla. 2002). “However, section 90.404(1), provides: CHARACTER EVIDENCE GENERALLY.”

Durousseau v. State, 55 So. 3d 543 (Fla. 2010). “In response, Durousseau filed a motion in limine asking that the trial court exclude evidence of the collateral murders.”

Dorsett v. State, 944 So. 2d 1207 (Fla. 3d DCA 2006). “402, rather than as "other criminal offenses" pursuant to section 90.404, the ten-day notice requirement did not apply.”

Thomas v. State, 599 So. 2d 158 (Fla. 1st DCA 1992). “The substance of the collateral crime testimony being offered by the state pursuant to section 90.404(2), Florida Statutes (1989), was made known to the trial judge through the deposition of the collateral crime witness.”

— 90.404(2)(b) — 128 cases

McLean v. State, 934 So. 2d 1248 (Fla. 2006). “[4] This rule is codified at section 90.404(2)(a), Florida Statutes (2005), which provides: 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,…”

McLean v. State, 854 So. 2d 796 (Fla. 2d DCA 2003).

Robertson v. State, 829 So. 2d 901 (Fla. 2002). “However, section 90.404(1), provides: CHARACTER EVIDENCE GENERALLY.”

Donton v. State, 1 So. 3d 1092 (Fla. 1st DCA 2009). “See § 90.404(2)(a), Fla. Stat. (2005); Williams v.”

Rutledge v. State, 1 So. 3d 1122 (Fla. 1st DCA 2009).

— 90.404(2)(b)(1) — 28 cases

Conde v. State, 860 So. 2d 930 (Fla. 2003). “" § 90.404(2)(a), Fla. Stat (2002). Such evidence is called Williams rule evidence in reference to this Court's decision in Williams v.”

Griffin v. State, 639 So. 2d 966 (Fla. 1994). “The heading of section 90.404(2) is "OTHER CRIMES, WRONGS, OR ACTS.”

Robertson v. State, 829 So. 2d 901 (Fla. 2002). “However, section 90.404(1), provides: CHARACTER EVIDENCE GENERALLY.”

Lucas v. State, 568 So. 2d 18 (Fla. 1990).

State v. Richman, 861 So. 2d 1195 (Fla. 2d DCA 2003).

— 90.404(2)(b)(2) — 10 cases

Robertson v. State, 829 So. 2d 901 (Fla. 2002). “However, section 90.404(1), provides: CHARACTER EVIDENCE GENERALLY.”

Lawrence v. State, 614 So. 2d 1092 (Fla. 1993).

Travers v. State, 578 So. 2d 793 (Fla. 1st DCA 1991).

State v. Richardson, 621 So. 2d 752 (Fla. 5th DCA 1993).

Foreman v. State, 965 So. 2d 1171 (Fla. 2d DCA 2007).

— 90.404(2)(b)(l) — 11 cases

Koonce v. United States, 993 A.2d 544 (D.C. 2010).

Corson v. State, 9 So. 3d 765 (Fla. 2d DCA 2009).

Kelly v. State, 552 So. 2d 1140 (Fla. 5th DCA 1989).

Seavey v. State, 8 So. 3d 1175 (Fla. 2d DCA 2009).

Sabine v. State, 58 So. 3d 943 (Fla. 2d DCA 2011).

— 90.404(2)(c) — 27 cases

Kelly Lamont Whisby v. State of Florida, 262 So. 3d 228 (Fla. 1st DCA 2018). “” § 90.404(2)(a), Fla. Stat. The State is required to give notice to defense counsel of its intention to admit such evidence.”

Dorsett v. State, 944 So. 2d 1207 (Fla. 3d DCA 2006). “402, rather than as "other criminal offenses" pursuant to section 90.404, the ten-day notice requirement did not apply.”

Durousseau v. State, 55 So. 3d 543 (Fla. 2010). “In response, Durousseau filed a motion in limine asking that the trial court exclude evidence of the collateral murders.”

Samuel Pitts v. State of Florida, 263 So. 3d 834 (Fla. 1st DCA 2019).

McCray v. State, 71 So. 3d 848 (Fla. 2011).

— 90.404(2)(c)(1) — 7 cases

Smith v. State, 866 So. 2d 51 (Fla. 2004). “In his third claim, Coolen contends that the knife threat to Jamie Caughman constituted "collateral crimes" evidence that was being introduced to show his propensity to confront people with a knife.”

State v. Storer, 920 So. 2d 754 (Fla. 2d DCA 2006).

Wightman v. State, 982 So. 2d 74 (Fla. 2d DCA 2008).

Sabine v. State, 58 So. 3d 943 (Fla. 2d DCA 2011).

— 90.404(2)(c)(2) — 2 cases

John Fesh v. State of Florida (Fla. 2d DCA 2021).

— 90.404(2)(c)(l) — 2 cases

Cooper v. State, 13 So. 3d 147 (Fla. 2d DCA 2009).

— 90.404(2)(d) — 15 cases

Samuel Pitts v. State of Florida, 263 So. 3d 834 (Fla. 1st DCA 2019).

Henry Lee Jones v. State of Florida, 212 So. 3d 321 (Fla. 2017).

Fey v. State, 125 So. 3d 828 (Fla. 4th DCA 2013).

Hills v. State, 78 So. 3d 648 (Fla. 4th DCA 2012).

— 90.404(2)(d)(1) — 5 cases

Kirkland-Williams v. State, 230 So. 3d 580 (Fla. 2d DCA 2017).

Foster v. State (Fla. 2d DCA 2017).

John Fesh v. State of Florida (Fla. 2d DCA 2021).

Keyne v. State (Fla. 2d DCA 2014).

— 90.404(2)(d)(2) — 1 case

John Fesh v. State of Florida (Fla. 2d DCA 2021).

— 90.404(2)(d)(l) — 1 case

Kyne v. State, 141 So. 3d 759 (Fla. 2d DCA 2014).

— 90.404(28)(c) — 1 case

Diaz v. State, 618 So. 2d 346 (Fla. 2d DCA 1993).

— 90.404(b) — 2 cases

Conde v. State, 860 So. 2d 930 (Fla. 2003). “" § 90.404(2)(a), Fla. Stat (2002). Such evidence is called Williams rule evidence in reference to this Court's decision in Williams v.”

Terry G. Trussell v. State of Florida, 256 So. 3d 935 (Fla. 1st DCA 2018).

— 90.404(b)(2) — 2 cases

Whittey v. State, 889 So. 2d 898 (Fla. 2d DCA 2004).

State of Florida v. Robert Lincoln (Fla. 2d DCA 2019).

— 90.404(d) — 2 cases

Mendez v. State, 271 So. 3d 1093 (Fla. 3d DCA 2019).

Anthawn Ragan, Jr. v. the State of Florida (Fla. 3d DCA 2024).

— 90.404(l)(a) — 6 cases

Hendricks v. State, 34 So. 3d 819 (Fla. 1st DCA 2010).

Knight v. State, 76 So. 3d 879 (Fla. 2011).

Squires v. Dugger, 794 F. Supp. 1568 (M.D. Fla. 1992).

A.K. v. State, 898 So. 2d 1112 (Fla. 4th DCA 2005).

Shermer v. State, 16 So. 3d 261 (Fla. 4th DCA 2009).

— 90.404(l)(b) — 10 cases

Antoine v. State, 138 So. 3d 1064 (Fla. 4th DCA 2014).

Loureiro v. State, 133 So. 3d 948 (Fla. 4th DCA 2013).

Munoz v. State, 45 So. 3d 954 (Fla. 3d DCA 2010).

Simon v. State, 38 So. 3d 793 (Fla. 4th DCA 2010).

Wade v. State, 610 So. 2d 664 (Fla. 1st DCA 1992).

— 90.404(l)(b)(2) — 1 case

Dean v. State, 843 So. 2d 926 (Fla. 5th DCA 2003).

— 90.404(l)(c) — 1 case

Duffell v. South Walton Emergency Servs., Inc., 501 So. 2d 1352 (Fla. 1st DCA 1987).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.