Florida Statute 90.404 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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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.

(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

Eduardo Acosta v. the State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-06T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2024-10-30T00:00:00-07:00

Snippet: evidence did not become a feature of the trial. See § 90.404(d)2., Fla. Stat. (2023) (“When the evidence is… 2d 654 (Fla. 1959), and is codified at section 90.404(2)(a), Florida Statutes (2023). The Williams Rule…other crimes, wrongs, or acts pursuant to section 90.404(2)(a) and (2)(d), Florida Statutes (2023), 4 to… facts in issue,” including the 4 Section 90.404(2)(a), Florida Statutes (2023), provides: … to prove bad character or propensity. Section 90.404(2)(d)1., Florida Statutes (2023), provides:

Tyrone T. Johnson v. State of Florida

Court: Fla. | Date Filed: 2024-09-19T00:00:00-07:00

Snippet: -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: Fla. | Date Filed: 2024-08-29T00:00:00-07:00

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

Lisandra Soto Gutierrez v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-17T00:00:00-07:00

Snippet: evidence of other conduct, which, pursuant to section 90.404(2)(a), Florida Statutes, is similar to the charged…’s propensity to commit a crime.” Id. (citing § 90.404(2)(a), Fla. Stat.). Collateral crime evidence

Tyrone T. Johnson v. State of Florida

Court: Fla. | Date Filed: 2024-07-11T00:00:00-07:00

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

Tony Anthony Simmons Jr v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-19T00:00:00-07:00

Snippet: wrongs, or acts under Florida Rule of Evidence 90.404(2)(b). At an evidentiary hearing on the State’s…molestation is admissible under Florida Rule of Evidence 90.404(2)(b) 1.–2.; Williams v. State, 110 So. 2d 654,

Doug Cantrel Heath v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-19T00:00:00-07:00

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

DC Tyrone Atkins, Jr. v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-12T00:00:00-07:00

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

ANDREW JAMES LYDECKER v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-05T00:00:00-07:00

Snippet: given was an accurate statement of the law. See § 90.404(2)(b)1 ("In a criminal case in which the defendant… of fabrication is a relevancy issue."); § 90.404(2)(b)1; see also State v. Richman, 861 So. 2d 1195

MICHAEL R. JACKSON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-05T00:00:00-07:00

Snippet: of other crimes, wrongs, or acts under section 90.404, Florida Statutes. The other crime was a sexual…bearing on any matter to which it is relevant.” § 90.404(2)(c)1., Fla. Stat. (emphasis added). Under this

Ruben Christopher Goodson v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-17T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2023-07-05T00:00:00-07:00

Snippet: solely to prove bad character or propensity.” § 90.404(2)(a), Fla. Stat. (2022). But collateral crimes… 12 propensity. See § 90.404(2)(a) (“Similar fact evidence of other crimes,

PHILIP GROSS GILLIG v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-21T23:53:00-08:00

Snippet: introduce collateral crime evidence pursuant to section 90.404(2)(a), Florida Statutes (2021), which permits similar…solely to prove bad character or propensity.” § 90.404(2)(a), Fla. Stat. (2022); see also § 90.401, Fla…identity, or absence of mistake or accident.” § 90.404(2)(a), Fla. Stat. (2021). Based on the elements

Layton Todd Mizell v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-21T00:53:00-07:00

Snippet: argued that this evidence was barred under section 90.404, Florida Statutes (2018), as an impermissible use… character of defendant in violation of section 90.404(2)(a)). While the trial court did not rely on section

THE STATE OF FLORIDA v. MICHAEL CLAYTON WOODRUFF

Court: Fla. Dist. Ct. App. | Date Filed: 2022-07-20T00:53:00-07:00

Snippet: under section 90.404(2)(b)(1); therefore, we examine admissibility under section 90.404(2)(a). …necessary to explain the charges. See, e.g., § 90.404(2)(a), Fla. Stat.4 After an evidentiary hearing…introduction of collateral crime evidence under section 90.404(2)(b)1. is broader than collateral crime evidence…evidence admissible in other cases under section 90.404(2)(a); “evidence of the defendant’s commission of …bearing on any matter to which it is relevant.” § 90.404(2)(b)1., Fla. Stat. However, to invoke this provision

ELIJAH BANKSTON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-12-14T23:53:00-08:00

Snippet: character evidence showing a prior bad act. See § 90.404(2)(a), Fla. Stat. (2019) (“Similar fact evidence

Terry Smith v. State of Florida & Terry Smith v. Mark S. Inch, etc.

Court: Fla. | Date Filed: 2021-10-21T00:53:00-07:00

Snippet: inadmissible collateral crime evidence under section 90.404(2), Florida Statutes (2010), because it was relevant

JOHN FESH v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-09-29T00:53:00-07:00

Snippet: State, 110 So. 2d 654 (Fla. 1959)); see also § 90.404(2), Fla. Stat. (2019). Indeed, in cases like…, 513 So. 2d 122, 124 (Fla. 1987)); see also § 90.404(2)(b)(1). But with that relaxed standard comes…particularized written notice of the acts at issue. § 90.404(2)(d)(1). Then, "before even considering …final charge to the jury." Id.; see also § 90.404(2)(d)(2). Here, despite repeated protestations…to use such evidence, as is required by section 90.404"). Seeking to defend the ruling on appeal

Christian Cruz v. State of Florida

Court: Fla. | Date Filed: 2021-07-01T00:53:00-07:00

Snippet: testimony was relevant to this issue of motive. § 90.404(2)(a), Fla. Stat. (2019) (“Similar fact evidence