Florida Statute 90.603 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.603

90.603 Disqualification of witness.—A person is disqualified to testify as a witness when the court determines that the person is:

(1) Incapable of expressing himself or herself concerning the matter in such a manner as to be understood, either directly or through interpretation by one who can understand him or her.

(2) Incapable of understanding the duty of a witness to tell the truth.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 482, ch. 95-147.

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Amendments to 90.603

Annotations, Discussions, Cases:

Cases Citing Statute 90.603

Total Results: 27

State v. Townsend

635 So. 2d 949, 1994 WL 137938

Supreme Court of Florida | Filed: Apr 21, 1994 | Docket: 368823

Cited 82 times | Published

the child was incompetent to testify under section 90.603, Florida Statutes (1987), due to her age.[1]

Lowe v. State

650 So. 2d 969, 1994 WL 656653

Supreme Court of Florida | Filed: Nov 23, 1994 | Docket: 1346761

Cited 51 times | Published

matter in such a manner as to be understood." § 90.603(1), Fla. Stat. (1989). In Clinton v. State, 53

Perez v. State

536 So. 2d 206, 1988 WL 128166

Supreme Court of Florida | Filed: Dec 1, 1988 | Docket: 1759665

Cited 47 times | Published

bear sufficient safeguards of reliability. Section 90.603(2), Florida Statutes (1985), provides that

Conner v. State

748 So. 2d 950, 1999 WL 731664

Supreme Court of Florida | Filed: Sep 16, 1999 | Docket: 1504621

Cited 29 times | Published

" Ill.Comp.Stat. 5/115-10 (West 1999). [7] Section 90.603, Florida Statutes (1997), governing the disqualification

Griffin v. State

526 So. 2d 752, 1988 WL 55782

District Court of Appeal of Florida | Filed: Jun 3, 1988 | Docket: 93751

Cited 28 times | Published

603(2) and 90.605(2), Florida Statutes (1985). Section 90.603(2) provides: A person is disqualified to testify

Palazzolo v. State

754 So. 2d 731, 2000 WL 201790

District Court of Appeal of Florida | Filed: Jan 12, 2000 | Docket: 430885

Cited 12 times | Published

competency is an issue of disqualification. See § 90.603(2), Fla. Stat. (1997). When a party challenges

& SC13-1787 Steven Douglas Hayward v. State of Florida and Steven Douglas Hayward v. Julie L. Jones, etc.

183 So. 3d 286

Supreme Court of Florida | Filed: Jun 25, 2015 | Docket: 2668545

Cited 11 times | Published

Moore, 774 So.2d 637, 646 (Fla.2000). Section 90.603, Florida Statutes (2007), provides that a person

State v. Ochoa

576 So. 2d 854, 1991 WL 35278

District Court of Appeal of Florida | Filed: Mar 19, 1991 | Docket: 1242586

Cited 10 times | Published

determination of competency to testify is made under section 90.603, Fla. Stat. (1989). Competency is judged as

Diamond R. Fertilizer v. Davis

567 So. 2d 451, 1990 WL 126325

District Court of Appeal of Florida | Filed: Aug 30, 1990 | Docket: 1380466

Cited 9 times | Published

understood and capable of testifying truthfully. § 90.603, Fla. Stat. In the instant case, claimant had

Zabrani v. Riveron

495 So. 2d 1195, 11 Fla. L. Weekly 2034

District Court of Appeal of Florida | Filed: Sep 23, 1986 | Docket: 1748815

Cited 5 times | Published

requirements laid down for all witnesses' testimony. Section 90.603, Florida Statutes (1985), states that a person

Rp v. Department of Children and Family

975 So. 2d 435, 2007 Fla. App. LEXIS 4309, 2007 WL 865807

District Court of Appeal of Florida | Filed: Mar 23, 2007 | Docket: 1727432

Cited 4 times | Published

should have been disqualified from testifying. See § 90.603(2), Fla. Stat. (2005). Since she was not, the

Simmons v. State

683 So. 2d 1101, 1996 WL 678686

District Court of Appeal of Florida | Filed: Nov 26, 1996 | Docket: 466168

Cited 3 times | Published

understanding the duty of a witness to tell the truth." § 90.603, Fla.Stat. (1995). See Bell v. State, 93 So.2d

Rivet v. State

556 So. 2d 521, 1990 WL 9284

District Court of Appeal of Florida | Filed: Feb 8, 1990 | Docket: 543145

Cited 2 times | Published

understanding the duty of a witness to tell the truth." § 90.603, Fla. Stat. (1988). Moreover, in the court's discretion

SC v. State

471 So. 2d 1326, 10 Fla. L. Weekly 1565

District Court of Appeal of Florida | Filed: Jun 25, 1985 | Docket: 1724781

Cited 2 times | Published

the duty of a witness to tell the truth." See Section 90.603, Florida Statutes (1983). Further, "[w]hen

Robert Roy Macomber v. State of Florida

254 So. 3d 1098

District Court of Appeal of Florida | Filed: Aug 30, 2018 | Docket: 7774961

Cited 1 times | Published

admitting K.M.’s redacted pre-trial statement under section 90.603(23), Florida Statutes (2015). We agree with

Gilbert Dudley, III v. State of Florida

139 So. 3d 273, 39 Fla. L. Weekly Supp. 335, 2014 WL 1923782, 2014 Fla. LEXIS 1625

Supreme Court of Florida | Filed: May 15, 2014 | Docket: 57382

Cited 1 times | Published

understanding the duty of a witness to tell the truth.” § 90.603, Fla. Stat. (2013). As recognized by the Fourth

Gervin v. Andrews

826 So. 2d 504, 2002 WL 31114883

District Court of Appeal of Florida | Filed: Sep 25, 2002 | Docket: 1197777

Cited 1 times | Published

Gervin testify," he had concluded that under section 90.603(2), Florida Statutes (2001), Gervin was a witness

Tampa Brass & Aluminum Corp. v. American Employers' Insurance

709 So. 2d 548, 1998 Fla. App. LEXIS 1237, 1998 WL 56271

District Court of Appeal of Florida | Filed: Feb 13, 1998 | Docket: 64780219

Cited 1 times | Published

to understand his duty to tell the truth. See § 90.603(2), Fla. Stat. (1993) (“[a] person is disqualified

In the Interest of S.C. v. State

471 So. 2d 1326, 10 Fla. L. Weekly 1565, 1985 Fla. App. LEXIS 14867

District Court of Appeal of Florida | Filed: Jun 25, 1985 | Docket: 64612870

Cited 1 times | Published

the duty of a witness to tell the truth.” See Section 90.603, Florida Statutes (1983). Further, “[w]hen

Scolaro v. Butler

135 So. 3d 1111, 2013 WL 5225249, 2013 Fla. App. LEXIS 14813

District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60239403

Published

incapable of understanding the duty to tell the truth. § 90.603, Fla. Stat. (2011). In order to avoid discovery

Bradley v. Cooper

40 So. 3d 846, 2010 Fla. App. LEXIS 10337, 2010 WL 2756966

District Court of Appeal of Florida | Filed: Jul 14, 2010 | Docket: 1667106

Published

may completely disqualify a witness under... section [90.603(2) of the Florida Evidence Code]."); Katz v

Belcher v. Johnson

834 So. 2d 422, 2003 Fla. App. LEXIS 294, 2003 WL 131805

District Court of Appeal of Florida | Filed: Jan 17, 2003 | Docket: 64819889

Published

disqualified to testify as a witness under section 90.603, Florida Statutes (2000). Apparently, the trial

Evans v. State

813 So. 2d 194, 2002 Fla. App. LEXIS 3916, 2002 WL 459104

District Court of Appeal of Florida | Filed: Mar 27, 2002 | Docket: 64814126

Published

witness must be disqualified from testifying. § 90.603(2), Fla. Stat. (1999); Palazzolo v. State, 754

State v. Green

733 So. 2d 583, 1999 Fla. App. LEXIS 6820, 1999 WL 334756

District Court of Appeal of Florida | Filed: May 27, 1999 | Docket: 64788405

Published

Florida Evidence, (1999), § 603.1' at 391 (“Section 90.603 requires that a witness have the capacity to

Anderson v. State

642 So. 2d 109, 1994 Fla. App. LEXIS 8667, 1994 WL 483404

District Court of Appeal of Florida | Filed: Sep 8, 1994 | Docket: 64750638

Published

incompetent to testify at trial according to section 90.-603(2) does not necessarily mean that the child

Cherryhomes v. State

635 So. 2d 985, 1994 Fla. App. LEXIS 3505, 1994 WL 131208

District Court of Appeal of Florida | Filed: Apr 15, 1994 | Docket: 64747900

Published

ruled that the victim was incompetent to testify, § 90.603(2), Fla.Stat. (1989), and that she was therefore

Townsend v. State

613 So. 2d 534, 1993 Fla. App. LEXIS 634, 1993 WL 16411

District Court of Appeal of Florida | Filed: Jan 29, 1993 | Docket: 64693972

Published

bear sufficient safeguards of reliability. Section 90.603(2), Florida Statutes (1985), provides that