Florida Statute 90.405 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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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.

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Amendments to 90.405

Annotations, Discussions, Cases:

Cases Citing Statute 90.405

Total Results: 55

State v. Pettis

520 So. 2d 250, 1988 WL 4367

Supreme Court of Florida | Filed: Jan 21, 1988 | Docket: 1709237

Cited 213 times | Published

an essential element of the charge or defense. § 90.405(2), Fla. Stat. (1983). The court pointed out that

State v. Smith

573 So. 2d 306, 1990 WL 252114

Supreme Court of Florida | Filed: Dec 20, 1990 | Docket: 132818

Cited 126 times | Published

that purpose, "specific act" evidence is not. § 90.405, Fla. Stat.; see, e.g., Smith, 410 So.2d at 580-81

Larzelere v. State

676 So. 2d 394, 1996 WL 137097

Supreme Court of Florida | Filed: Jul 11, 1996 | Docket: 1318100

Cited 83 times | Published

to the person's reputation for truthfulness. Section 90.405 governs the type of evidence that may be used

Ibar v. State

938 So. 2d 451, 2006 WL 560586

Supreme Court of Florida | Filed: Mar 9, 2006 | Docket: 421577

Cited 76 times | Published

introduction of such reputation evidence, however, section 90.405, Florida Statutes (1999), requires the witness

Rhodes v. State

547 So. 2d 1201, 1989 WL 75283

Supreme Court of Florida | Filed: Jul 6, 1989 | Docket: 1474513

Cited 72 times | Published

character witness. In appropriate circumstances section 90.405(2), Florida Statutes (1987), does authorize

Tallahassee Furniture Co., Inc. v. Harrison

583 So. 2d 744, 1991 WL 146668

District Court of Appeal of Florida | Filed: Jul 31, 1991 | Docket: 1684010

Cited 41 times | Published

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

Tallahassee Furniture Co., Inc. v. Harrison

583 So. 2d 744, 1991 WL 146668

District Court of Appeal of Florida | Filed: Jul 31, 1991 | Docket: 1684010

Cited 41 times | Published

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

Jaggers v. State

536 So. 2d 321, 1988 WL 137176

District Court of Appeal of Florida | Filed: Dec 20, 1988 | Docket: 1759626

Cited 41 times | Published

exception applicable to particular circumstances. Section 90.405(2), Florida Statutes (1985) allows proof of

Rety v. Green

546 So. 2d 410, 1989 WL 11242

District Court of Appeal of Florida | Filed: Aug 1, 1989 | Docket: 1730872

Cited 35 times | Published

2d 1181 (Fla. 1977); see infra note 17. [12] § 90.405(2), Fla. Stat. (1987); M. Graham, Handbook of

Rigterink v. State

66 So. 3d 866, 36 Fla. L. Weekly Supp. 273, 2011 Fla. LEXIS 1343, 2011 WL 2374188

Supreme Court of Florida | Filed: Jun 16, 2011 | Docket: 2362063

Cited 33 times | Published

among associates or in the community. In turn, section 90.405(1), Florida Statutes,4 as interpreted by this

Flanagan v. State

586 So. 2d 1085, 1991 WL 133574

District Court of Appeal of Florida | Filed: Oct 14, 1991 | Docket: 473454

Cited 28 times | Published

disallowed because the court considered that section 90.405, pertaining to the methods of proving character

Smith v. State

606 So. 2d 641, 1992 WL 217181

District Court of Appeal of Florida | Filed: Sep 4, 1992 | Docket: 677678

Cited 25 times | Published

evidence of Newton's reputation for violence under Section 90.405(1), Florida Statutes (1989), to establish that

Hendricks v. State

34 So. 3d 819, 2010 Fla. App. LEXIS 7330, 2010 WL 2077164

District Court of Appeal of Florida | Filed: May 26, 2010 | Docket: 1131165

Cited 20 times | Published

theory of admissibility, but it contends that section 90.405 presents an "insurmountable bar" to the admission

Dupree v. State

615 So. 2d 713, 1993 WL 2968

District Court of Appeal of Florida | Filed: Jan 11, 1993 | Docket: 1185310

Cited 20 times | Published

nonetheless would have been inadmissible under Section 90.405, Florida Statutes (1987), which prescribes

Pantoja v. State

59 So. 3d 1092, 36 Fla. L. Weekly Supp. 91, 2011 Fla. LEXIS 519, 2011 WL 722374

Supreme Court of Florida | Filed: Mar 3, 2011 | Docket: 60299563

Cited 14 times | Published

admitted under section 90.405(2), Florida Statutes (2002). We disagree. Section 90.405(2) provides, ‘When

Hoffman v. State

708 So. 2d 962, 1998 WL 95336

District Court of Appeal of Florida | Filed: Mar 6, 1998 | Docket: 542582

Cited 14 times | Published

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

Wyatt v. State

578 So. 2d 811, 1991 WL 60840

District Court of Appeal of Florida | Filed: Apr 23, 1991 | Docket: 1525269

Cited 13 times | Published

fit the profile of a pedophile. Additionally, section 90.405, Florida Statutes (1987), specifically limits

Sanchez v. State

445 So. 2d 1

District Court of Appeal of Florida | Filed: Feb 7, 1984 | Docket: 1287633

Cited 12 times | Published

DCA), rev. denied, 419 So.2d 1201 (Fla. 1982); section 90.405(1), Florida Statutes (1981), further entitles

Childers v. State

936 So. 2d 585, 2006 WL 2620262

District Court of Appeal of Florida | Filed: Feb 2, 2006 | Docket: 109021

Cited 11 times | Published

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

Hodges v. State

403 So. 2d 1375

District Court of Appeal of Florida | Filed: Sep 30, 1981 | Docket: 1672632

Cited 10 times | Published

847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959). [2] See § 90.405, Fla. Stat. (1979); 1 Wigmore on Evidence, § 193

State v. Storer

920 So. 2d 754, 2006 WL 305432

District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 94771

Cited 9 times | Published

proving the issue of character is resolved under section 90.405. Typically, Williams rule evidence is admitted

Dupont v. State

556 So. 2d 457, 1990 WL 6568

District Court of Appeal of Florida | Filed: Jan 31, 1990 | Docket: 1528368

Cited 9 times | Published

the recognized method of proving character, section 90.405(1), Florida Statutes (1987), and error occurs

Wrobel v. State

410 So. 2d 950

District Court of Appeal of Florida | Filed: Feb 17, 1982 | Docket: 477768

Cited 8 times | Published

however, omits the pertinent reference to section 90.405, Florida Statutes (1979), which provides the

Love v. State

971 So. 2d 280, 2008 WL 80223

District Court of Appeal of Florida | Filed: Jan 9, 2008 | Docket: 1731987

Cited 7 times | Published

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

Roebuck v. State

953 So. 2d 40, 2007 WL 934889

District Court of Appeal of Florida | Filed: Mar 30, 2007 | Docket: 1315199

Cited 7 times | Published

exception applicable to particular circumstances. Section 90.405(2), Florida Statutes (1985) allows proof of

Dixon v. State

426 So. 2d 1258

District Court of Appeal of Florida | Filed: Feb 11, 1983 | Docket: 1283336

Cited 6 times | Published

be made through testimony about his reputation. § 90.405, Fla. Stat. (1981). In view of the evidence code

Carlisle v. State

137 So. 3d 479, 2014 WL 1225200, 2014 Fla. App. LEXIS 4362

District Court of Appeal of Florida | Filed: Mar 26, 2014 | Docket: 60240329

Cited 5 times | Published

the recantation would be inadmissible under section 90.405(2) because the victim’s character is not an

Nelson v. State

739 So. 2d 1177, 1999 WL 512051

District Court of Appeal of Florida | Filed: Jul 21, 1999 | Docket: 1688755

Cited 5 times | Published

State, 592 So.2d 356 (Fla. 4th DCA 1992). Section 90.405 entitled "Methods of proving character," provides

Bulkmatic Transport Co. v. Taylor

860 So. 2d 436, 2003 Fla. App. LEXIS 12741, 2003 WL 22002564

District Court of Appeal of Florida | Filed: Aug 26, 2003 | Docket: 454798

Cited 4 times | Published

by testimony regarding the person's reputation. § 90.405(1), Fla. Stat. (2000). Specific instances of conduct

Baker v. State

804 So. 2d 564, 2002 WL 63354

District Court of Appeal of Florida | Filed: Jan 18, 2002 | Docket: 1699446

Cited 4 times | Published

exception *569 to that rule which allows, based on section 90.405, Florida Statutes, specific incidents of conduct

Warren v. State

577 So. 2d 682, 1991 WL 46846

District Court of Appeal of Florida | Filed: Apr 4, 1991 | Docket: 160361

Cited 4 times | Published

is character evidence which is governed by section 90.405, Florida Statutes. Character evidence is generally

Mozqueda v. State

541 So. 2d 777, 1989 WL 36181

District Court of Appeal of Florida | Filed: Apr 18, 1989 | Docket: 2546942

Cited 4 times | Published

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

State v. Wilson

509 So. 2d 1281

District Court of Appeal of Florida | Filed: Jul 14, 1987 | Docket: 1362079

Cited 4 times | Published

peacefulness the State, in accordance with section 90.405(2), Florida Statutes (1985), could cross-examine

Thomas Rigterink v. State of Florida

193 So. 3d 846, 41 Fla. L. Weekly Supp. 177, 2016 WL 1592714, 2016 Fla. LEXIS 835

Supreme Court of Florida | Filed: Apr 21, 2016 | Docket: 3056546

Cited 3 times | Published

predicate of section 90.405(1), Florida Statutes. Id. at 895; see also § 90.405(1) (“When

Childers v. Floyd

625 F.3d 1319

Court of Appeals for the Eleventh Circuit | Filed: Jun 8, 2010 | Docket: 1544438

Cited 3 times | Published

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

Carter v. State

687 So. 2d 327, 1997 WL 39603

District Court of Appeal of Florida | Filed: Feb 4, 1997 | Docket: 1718596

Cited 3 times | Published

the appellant's claim by reputation evidence. § 90.405, Fla.Stat. [3] The State argued that the testimony

Beal v. State

620 So. 2d 1015, 1993 WL 136087

District Court of Appeal of Florida | Filed: May 3, 1993 | Docket: 1387002

Cited 3 times | Published

made of specific instances of his or her conduct. § 90.405(2), Fla. Stat. (1989); Tallahassee Furniture Co

McPhee v. State

117 So. 3d 1137, 2012 WL 6027737, 2012 Fla. App. LEXIS 20784

District Court of Appeal of Florida | Filed: Dec 5, 2012 | Docket: 60232547

Cited 2 times | Published

trial court properly disallowed the evidence. Section 90.405(2), Florida Statutes (2008), provides that

Childers v. Floyd

642 F.3d 953, 2011 U.S. App. LEXIS 11162, 2011 WL 2162083

Court of Appeals for the Eleventh Circuit | Filed: Jun 2, 2011 | Docket: 65659528

Cited 2 times | Published

personal opinion of truthfulness. Cf. Fla. Stat. § 90.405(1) (permitting reputation evidence). The District

Munoz v. State

45 So. 3d 954, 2010 Fla. App. LEXIS 15545, 2010 WL 3984819

District Court of Appeal of Florida | Filed: Oct 13, 2010 | Docket: 60296091

Cited 2 times | Published

specific instances of the victim’s conduct. See § 90.405, Fla. Stat. (2009). There are, however, important

Robertson v. State

780 So. 2d 94, 2000 WL 368468

District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 1708736

Cited 2 times | Published

the current charge against the defendant.[2] Section 90.405, Florida Statutes (1998), provides that character

Wilson v. State

72 So. 3d 331, 2011 Fla. App. LEXIS 16898, 2011 WL 5061349

District Court of Appeal of Florida | Filed: Oct 26, 2011 | Docket: 2357815

Cited 1 times | Published

the recognized method of proving character, section 90.405(1), Florida Statutes (1987), and error occurs

Welch v. State

940 So. 2d 1244, 2006 WL 3103152

District Court of Appeal of Florida | Filed: Nov 3, 2006 | Docket: 1523873

Cited 1 times | Published

2001). [2] "It is clear that nothing under section 90.405 nor in the case law of Florida authorizes the

Britton v. State

928 So. 2d 386, 2006 WL 888056

District Court of Appeal of Florida | Filed: Apr 7, 2006 | Docket: 1406059

Cited 1 times | Published

offered for this purpose is reputation evidence. § 90.405(1), Fla. Stat. (2004). Because the accused's state

MARLON TERRANCE MURPHY v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 5, 2021 | Docket: 59882185

Published

sexual crime case. Citing Pantoja and section 90.405(2), Florida Statutes, the court held “the

Michael Lloyd Worrell v. State of Florida

District Court of Appeal of Florida | Filed: Oct 17, 2019 | Docket: 16344967

Published

propensities or characteristics is not admissible. Section 90.405, Florida Statutes, governs the admission of

Samuel Pitts v. State of Florida

263 So. 3d 834

District Court of Appeal of Florida | Filed: Feb 5, 2019 | Docket: 14534770

Published

trait of character.” § 90.404(1)(a), Fla. Stat. Section 90.405, Florida Statutes, dictates the methods of

Jonathan Gallo v. State of Florida

183 So. 3d 1079, 2015 Fla. App. LEXIS 7075, 2015 WL 2214612

District Court of Appeal of Florida | Filed: May 13, 2015 | Docket: 2679348

Published

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

Childers v. Floyd

625 F.3d 1319

Court of Appeals for the Eleventh Circuit | Filed: Jun 2, 2011 | Docket: 423643

Published

personal opinion of truthfulness. Cf. Fla. Stat. § 90.405(1) (permitting reputation evidence). The

Childers v. Floyd

625 F.3d 1319

Court of Appeals for the Eleventh Circuit | Filed: Jun 2, 2011 | Docket: 575670

Published

personal opinion of truthfulness. Cf. Fla. Stat. § 90.405(1) (permitting reputation evidence). The

Childers v. Floyd

608 F.3d 776, 2010 U.S. App. LEXIS 11605, 2010 WL 2274481

Court of Appeals for the Eleventh Circuit | Filed: Jun 8, 2010 | Docket: 65659192

Published

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

Childers v. State

931 So. 2d 86, 2006 Fla. App. LEXIS 17207, 2006 WL 237081

District Court of Appeal of Florida | Filed: Feb 2, 2006 | Docket: 64845369

Published

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

A.K. v. State

898 So. 2d 1112, 2005 Fla. App. LEXIS 4365, 2005 WL 714046

District Court of Appeal of Florida | Filed: Mar 30, 2005 | Docket: 64837451

Published

by testimony about his reputation. Fla. Stat. § 90.405(1) (2003). Additionally, the Florida Evidence

Todorovich v. Wolfner

555 So. 2d 372, 14 Fla. L. Weekly 2453, 1989 Fla. App. LEXIS 5815, 1989 WL 120870

District Court of Appeal of Florida | Filed: Oct 17, 1989 | Docket: 64647484

Published

character, is an element of a claim or defense, section 90.405(2), Florida Statutes (1987), however, a challenge

Ivester v. State

429 So. 2d 1271, 1983 Fla. App. LEXIS 19069

District Court of Appeal of Florida | Filed: Apr 5, 1983 | Docket: 64596460

Published

involved are not ordinarily admissible, see Section 90.405(2), Florida Statutes (1979); Ehrhardt, Florida