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Florida Statute 90.405 | Lawyer Caselaw & Research
F.S. 90.405 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 90.405

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.405
90.405 Methods of proving character.
(1) REPUTATION.When evidence of the character of a person or of a trait of that person’s character is admissible, proof may be made by testimony about that person’s reputation.
(2) SPECIFIC INSTANCES OF CONDUCT.When character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may be made of specific instances of that person’s conduct.
History.s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 7, 22, ch. 78-361; ss. 1, 2, ch. 78-379; s. 474, ch. 95-147.

F.S. 90.405 on Google Scholar

F.S. 90.405 on Casetext

Amendments to 90.405


Arrestable Offenses / Crimes under Fla. Stat. 90.405
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.405.



Annotations, Discussions, Cases:

Cases from cite.case.law:

PITTS, v. STATE, 263 So. 3d 834 (Fla. App. Ct. 2019)

. . . Section 90.405, Florida Statutes, dictates the methods of proving character at trial. . . . Under section 90.405(1), any time a person's character is admissible, it may be proven by evidence of . . . specific instances of conduct unless character is "an essential element of a charge, claim, or defense." § 90.405 . . . This is effectively specific-act character testimony under section 90.405(2), and because Pitts's character . . . that testimony about his reputation for sexual non-violence should have been admitted under section 90.405 . . .

RIGTERINK, v. STATE, 193 So. 3d 846 (Fla. 2016)

. . . (ii) establish a foundation for William Farmer’s testimony to satisfy the requirements of sections 90.405 . . . fleeting encounters, or rumor, and was insufficient to satisfy the admissibility predicate of section 90.405 . . . Id. at 895; see also § 90.405(1) (“When evidence of the character of a person or of a trait of that person . . .

GALLO, v. STATE, 183 So. 3d 1079 (Fla. Dist. Ct. App. 2015)

. . . However, to admit reputation evidence under section 90.405(1), Florida Statutes, a witness must establish . . .

J. CARLISLE, v. STATE, 137 So. 3d 479 (Fla. Dist. Ct. App. 2014)

. . . Court also discussed the potential admissibility of the prior recantation under sections 90.610 and 90.405 . . . The Court also found the recantation would be inadmissible under section 90.405(2) because the victim . . .

McPHEE, v. STATE, 117 So. 3d 1137 (Fla. Dist. Ct. App. 2012)

. . . Section 90.405(2), Florida Statutes (2008), provides that, “[w]hen character or a trait of character . . .

WILSON, v. STATE, 72 So. 3d 331 (Fla. Dist. Ct. App. 2011)

. . . Even if he had, opinion testimony is the recognized method of proving character, section 90.405(1), Florida . . .

RIGTERINK, v. STATE, 66 So. 3d 866 (Fla. 2011)

. . . predicate: Section 90.405 governs the type of evidence that may be used to prove reputation. . . . State, 578 So.2d 811, 813 (Fla. 3d DCA 1991) (holding that section 90.405, Florida Statutes, “specifically . . . .2d 451, 469 (Fla.2006) (“As a predicate to the introduction of ... reputation evidence, ... section 90.405 . . . Therefore, the trial court did not abuse its discretion by excluding Farmer’s testimony under section 90.405 . . . Section 90.405(1), Florida Statutes (2005), reads as follows: Reputation. — When evidence of the character . . .

CHILDERS, v. L. FLOYD,, 642 F.3d 953 (11th Cir. 2011)

. . . . § 90.405(1) (permitting reputation evidence). . . .

PANTOJA, v. STATE, 59 So. 3d 1092 (Fla. 2011)

. . . Next, Pantoja argues that the victim’s prior accusation should have been admitted under section 90.405 . . . Section 90.405(2) provides, ‘When character or a trait of character of a person is an essential element . . . “Were this court to expand the narrow application of section 90.405(2)’s character at issue provision . . . Likewise, Pantoja contends that evidence of a prior accusation is admissible under section 90.405(2) . . . There is some support for this argument [that a prior false accusation is admissible under section 90.405 . . .

MUNOZ, v. STATE, 45 So. 3d 954 (Fla. Dist. Ct. App. 2010)

. . . See § 90.405, Fla. Stat. (2009). . . .

CHILDERS, v. L. FLOYD,, 608 F.3d 776 (11th Cir. 2010)

. . . State, 578 So.2d 811, 813 (Fla. 3d DCA 1991) (holding that section 90.405, Florida Statutes, does not . . .

HENDRICKS, v. STATE, 34 So. 3d 819 (Fla. Dist. Ct. App. 2010)

. . . his reputation for sexual morality was error because it was admissible under section 90.404(l)(a) and 90.405 . . . Section 90.405, Florida Statutes (2008), dictates the methods of proving character at trial. . . . Under section 90.405(1), any time a person’s character is admissible, it may be proven by evidence of . . . conduct unless that person’s character is “an essential element of a charge, claim, or defense.” § 90.405 . . . See § 90.405 (listing the proper methods of proving character and omitting opinion testimony from the . . .

PANTOJA, v. STATE, 990 So. 2d 626 (Fla. Dist. Ct. App. 2008)

. . . Appellant contends that the evidence of the victim’s prior accusations could have been admitted under 90.405 . . .

WILLIAMS, v. STATE, 982 So. 2d 1190 (Fla. Dist. Ct. App. 2008)

. . . presenting a predicate to admit character evidence of the victim under sections 90.404(l)(b)l. and 90.405 . . .

LOVE, v. STATE, 971 So. 2d 280 (Fla. Dist. Ct. App. 2008)

. . . Ehrhardt, § 404.6 (Emphasis added); § 90.405, Fla. Stat. (2006); see Dupree, 615 So.2d at 721. . . .

ROEBUCK, v. STATE, 953 So. 2d 40 (Fla. Dist. Ct. App. 2007)

. . . Section 90.405(2), Florida Statutes (1985) allows proof of specific incidents of conduct where that evidence . . . of character of a person is an essential element of a charge, claim, or defense pursuant to section 90.405 . . . Were this court to expand the narrow application of section 90.405(2)’s character at issue provision . . .

WELCH, v. STATE, 940 So. 2d 1244 (Fla. Dist. Ct. App. 2006)

. . . “It is clear that nothing under section 90.405 nor in the case law of Florida authorizes the defense . . .

D. BRITTON, v. STATE, 928 So. 2d 386 (Fla. Dist. Ct. App. 2006)

. . . . § 90.405(1), Fla. Stat. (2004). . . .

IBAR, v. STATE, 938 So. 2d 451 (Fla. 2006)

. . . As a predicate to the introduction of such reputation evidence, however, section 90.405, Florida Statutes . . .

STATE v. STORER,, 920 So. 2d 754 (Fla. Dist. Ct. App. 2006)

. . . under section 90.404 but that the method of proving the issue of character is resolved under section 90.405 . . . Typically, Williams rule evidence is admitted as "specific instance” evidence under section 90.405(2) . . .

CHILDERS, v. STATE, 931 So. 2d 86 (Fla. Dist. Ct. App. 2006)

. . . State, 578 So.2d 811, 813 (Fla. 3d DCA 1991) (holding that section 90.405, Florida Statutes, does not . . .

CHILDERS, v. STATE, 936 So. 2d 585 (Fla. Dist. Ct. App. 2006)

. . . State, 578 So.2d 811, 813 (Fla. 3d DCA 1991) (holding that section 90.405, Florida Statutes, does not . . .

W. HENDERSON, v. STATE, 919 So. 2d 652 (Fla. Dist. Ct. App. 2006)

. . . This type of reputation evidence is admissible pursuant to sections 90.404 and 90.405, Florida Statutes . . .

A. K. a v. STATE, 898 So. 2d 1112 (Fla. Dist. Ct. App. 2005)

. . . . § 90.405(1) (2003). . . .

BULKMATIC TRANSPORT COMPANY, v. C. TAYLOR,, 860 So. 2d 436 (Fla. Dist. Ct. App. 2003)

. . . . § 90.405(1), Fla. Stat. (2000). . . . . § 90.405(2), Fla. Stat. (2000). . . .

IVORY, v. STATE, 821 So. 2d 1258 (Fla. Dist. Ct. App. 2002)

. . . In this instance, the admission of the rebuttal evidence violated . sections 90.404(l)(c) and 90.405( . . .

J. BAKER, v. STATE, 804 So. 2d 564 (Fla. Dist. Ct. App. 2002)

. . . specific acts of misconduct, the court noted an exception to that rule which allows, based on section 90.405 . . .

ROBERTSON, v. STATE, 780 So. 2d 94 (Fla. Dist. Ct. App. 2000)

. . . Section 90.405, Florida Statutes (1998), provides that character may be proved by reputation or by specific . . . The comments to section 90.405 explain that, “The section [§ 90.405, Methods of proving character] confines . . .

NELSON, v. STATE, 739 So. 2d 1177 (Fla. Dist. Ct. App. 1999)

. . . Section 90.405 entitled “Methods of proving character,” provides that when evidence of character is admissible . . . Addressing both sections 90.609 and 90.405, our supreme court stated: Essentially, it must be established . . .

HOFFMAN, v. STATE, 708 So. 2d 962 (Fla. Dist. Ct. App. 1998)

. . . To prove reputation under section 90.405, Florida Statutes (1997) it is necessary to lay the foundation . . .

BOZEMAN, v. STATE, 698 So. 2d 629 (Fla. Dist. Ct. App. 1997)

. . . This is contrary to sections 90.404(l)(a) and 90.405(1), Florida Statutes (1995). . . .

M. CARTER, v. STATE, 687 So. 2d 327 (Fla. Dist. Ct. App. 1997)

. . . . § 90.405, Fla.Stat. . . . .

LARZELERE, v. STATE, 676 So. 2d 394 (Fla. 1996)

. . . Section 90.405 governs the type of evidence that may be used to prove reputation. . . .

BEAL, Jr. v. STATE, 620 So. 2d 1015 (Fla. Dist. Ct. App. 1993)

. . . . § 90.405(2), Fla.Stat. (1989); Tallahassee Furniture Co., Inc. v. . . .

DUPREE, v. STATE, 615 So. 2d 713 (Fla. Dist. Ct. App. 1993)

. . . evidence was admissible under section 90.404, it nonetheless would have been inadmissible under Section 90.405 . . . Section 90.405 provides: (1) REPUTATION. — When evidence of the character of a person or of a trait of . . . Therefore, such evidence was inadmissible under section 90.405. See, e.g., Taylor v. . . .

SMITH, v. STATE, 606 So. 2d 641 (Fla. Dist. Ct. App. 1992)

. . . appellant was properly allowed to introduce evidence of Newton’s reputation for violence under Section 90.405 . . . Therefore, appellant should have been permitted to testify under Section 90.405(2), Florida Statutes . . .

TALLAHASSEE FURNITURE COMPANY, INC. a v. HARRISON,, 583 So. 2d 744 (Fla. Dist. Ct. App. 1991)

. . . Further, the Florida evidence code, Section 90.405(2), Florida Statutes, provides that when character . . .

FLANAGAN, v. STATE, 586 So. 2d 1085 (Fla. Dist. Ct. App. 1991)

. . . defendant did not fit the profile of a pedophile was disallowed because the court considered that section 90.405 . . .

WYATT, v. STATE, 578 So. 2d 811 (Fla. Dist. Ct. App. 1991)

. . . Additionally, section 90.405, Florida Statutes (1987), specifically limits the introduction of character . . .

WARREN, v. STATE, 577 So. 2d 682 (Fla. Dist. Ct. App. 1991)

. . . admissible evidence on the issue of self-defense is character evidence which is governed by section 90.405 . . . 90.404, Florida Statutes, and when admissible, it may be proven by the methods set forth in section 90.405 . . . determination of admissability of the evidence excluded in the instant case is not governed by section 90.405 . . .

STATE v. SMITH,, 573 So. 2d 306 (Fla. 1990)

. . . . § 90.405, Fla.Stat.; see, e.g., Smith, 410 So.2d at 580-81. . . .

J. DUPONT, v. STATE, 556 So. 2d 457 (Fla. Dist. Ct. App. 1990)

. . . Even if he had, opinion testimony is the recognized method of proving character, section 90.405(1), Florida . . .

TODOROVICH, v. W. WOLFNER,, 555 So. 2d 372 (Fla. Dist. Ct. App. 1989)

. . . be admitted where character, or a trait of character, is an element of a claim or defense, section 90.405 . . .

RHODES, v. STATE, 547 So. 2d 1201 (Fla. 1989)

. . . Moreover, the circumstances here do not implicate section 90.405.(2) since the attempted cross-examination . . .

MOZQUEDA, v. STATE, 541 So. 2d 777 (Fla. Dist. Ct. App. 1989)

. . . State, 452 So.2d 98 (Fla. 1st DCA 1984); § 90.405(1), Fla.Stat. (1987), and of particular acts of violence . . .

RETY, v. GREEN, 546 So. 2d 410 (Fla. Dist. Ct. App. 1989)

. . . .§ 90.405(2), Fla.Stat. (1987); M. Graham, Handbook of Florida Evidence § 405.2, at 232 (1987). . . .

JAGGERS, v. STATE, 536 So. 2d 321 (Fla. Dist. Ct. App. 1988)

. . . Section 90.405(2) specifically limits the use of character evidence by means of specific instances of . . . Section 90.405(2), Florida Statutes (1985) allows proof of specific incidents of conduct where that evidence . . .

GORDON v. STATE OF FLORIDA, 35 Fla. Supp. 2d 17 (Fla. Cir. Ct. 1988)

. . . . § 90.405 (1985) as authority for this argument. . . . argues that the appropriate rebuttal evidence to her good character is reputation evidence under F.S. § 90.405 . . . Its final contention is that F.S. § 90.405(2) allows it to rebut pertinent traits by the use of specific . . . Section 90.405(1) of the Florida Statutes (1985) provides that “[w]hen evidence of the character of a . . .

STATE v. PETTIS,, 520 So. 2d 250 (Fla. 1988)

. . . . § 90.405(2), Fla.Stat. (1983). . . .

STATE v. WILSON, WILSON, v. STATE, 509 So. 2d 1281 (Fla. Dist. Ct. App. 1987)

. . . testified concerning appellant’s reputation for peacefulness the State, in accordance with section 90.405 . . .

WATSON, v. STATE, 509 So. 2d 396 (Fla. Dist. Ct. App. 1987)

. . . See §§ 90.40490.405, Fla. Stat. (1985). We reverse and remand for a new trial. . . .

WEBSTER, v. STATE, 500 So. 2d 285 (Fla. Dist. Ct. App. 1986)

. . . Under the Florida Evidence Code, sections 90.404(l)(b)l and 90.405(1), Florida Statutes (1985), the accused . . .

KRUSE, v. STATE, 483 So. 2d 1383 (Fla. Dist. Ct. App. 1986)

. . . State, 429 So.2d 338 (Fla. 2d DCA 1983); §§ 90.404(l)(a), 90.405, Fla. Stat. (1983). . . .

SANCHEZ, v. STATE, 445 So. 2d 1 (Fla. Dist. Ct. App. 1984)

. . . State, 410 So.2d 950 (Fla. 5th DCA), rev. denied, 419 So.2d 1201 (Fla.1982); section 90.405(1), Florida . . .

IVESTER, v. STATE, 429 So. 2d 1271 (Fla. Dist. Ct. App. 1983)

. . . Although specific instances of violence by the person involved are not ordinarily admissible, see Section 90.405 . . . Before the enactment of the 1978 amendment, section 90.405(1) provided in part: “On cross examination . . . State, 49 So.2d 332 (Fla.1950).” 6B Florida Statutes Annotated § 90.405 at 425. . . .

DIXON, v. STATE, 426 So. 2d 1258 (Fla. Dist. Ct. App. 1983)

. . . . § 90.405, Fla.Stat. (1981). . . .

WROBEL, v. STATE, 410 So. 2d 950 (Fla. Dist. Ct. App. 1982)

. . . This argument, however, omits the pertinent reference to section 90.405, Florida Statutes (1979), which . . . It is clear that nothing under section 90.405 nor in the case law of Florida authorizes the defense to . . .

J. HODGES, v. STATE, 403 So. 2d 1375 (Fla. Dist. Ct. App. 1981)

. . . See § 90.405, Fla.Stat. (1979); 1 Wigmore on Evidence, § 193, at 642 (3d Ed. 1940). . . . .

PINO v. KOELBER, a, 389 So. 2d 1191 (Fla. Dist. Ct. App. 1980)

. . . . §§ 90.404(1), 90.405, Fla.Stat. (1979). . . .

MARTINEZ, v. L. WAINWRIGHT,, 621 F.2d 184 (5th Cir. 1980)

. . . . § 90.405(2) (1979). . . .