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Florida Statute 90.603 | Lawyer Caselaw & Research
F.S. 90.603 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 90.603

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
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.

F.S. 90.603 on Google Scholar

F.S. 90.603 on Casetext

Amendments to 90.603


Arrestable Offenses / Crimes under Fla. Stat. 90.603
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.603.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MACOMBER, v. STATE, 254 So. 3d 1098 (Fla. App. Ct. 2018)

. . . s redacted pre-trial statement under section 90.603(23), Florida Statutes (2015). . . .

HAYWARD, v. STATE v. L., 183 So. 3d 286 (Fla. 2015)

. . . Section 90.603, Florida Statutes (2007), provides that a person is disqualified as a witness if the person . . . Section 90.603, Florida Statutes (2007), provides that a person is disqualified as a witness if the person . . .

WINGO, v. STATE, 158 So. 3d 743 (Fla. Dist. Ct. App. 2015)

. . . Moore, 774 So.2d 637, 646 (Fla.2000); see also §§ 90.603, 90.604. In Hammond v. . . .

DUDLEY, III, v. STATE, 139 So. 3d 273 (Fla. 2014)

. . . .” § 90.603, Fla. Stat. (2013). . . .

S. SCOLARO P. C. v. M. BUTLER, PH. D. B. O a N. A. Co- B. O B. Co- B. O, 135 So. 3d 1111 (Fla. Dist. Ct. App. 2013)

. . . . § 90.603, Fla. Stat. (2011). . . .

L. BRADLEY, v. COOPER, 40 So. 3d 846 (Fla. Dist. Ct. App. 2010)

. . . proclivity to lie, is necessary before a court may completely disqualify a witness under ... section [90.603 . . .

R. P. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 975 So. 2d 435 (Fla. Dist. Ct. App. 2007)

. . . See § 90.603(2), Fla.Stat. (2005). . . .

BELCHER v. JOHNSON, L. a k a L., 834 So. 2d 422 (Fla. Dist. Ct. App. 2003)

. . . Roberts should be disqualified to testify as a witness under section 90.603, Florida Statutes (2000). . . . See § 90.603. . . . Roberts should be disqualified from testifying pursuant to section 90.603. ■ Petition for writ of certiorari . . .

Z. GERVIN, M. D. v. ANDREWS,, 826 So. 2d 504 (Fla. Dist. Ct. App. 2002)

. . . judge said that after “years of watching Doctor Gervin testify,” he had concluded that under section 90.603 . . . truthfulness are “completely and utterly false,”, that they were made without a hearing under section 90.603 . . .

EVANS, v. STATE, 813 So. 2d 194 (Fla. Dist. Ct. App. 2002)

. . . . § 90.603(2), Fla. Stat. (1999); Palazzolo v. State, 754 So.2d 731, 738 (Fla. 2d DCA 2000). . . .

RUTHERFORD, v. W. MOORE,, 774 So. 2d 637 (Fla. 2000)

. . . See §§ 90.603, .604, Fla. Stat. (1999). . . .

PALAZZOLO, v. STATE, 754 So. 2d 731 (Fla. Dist. Ct. App. 2000)

. . . See § 90.603(2), Fla. Stat. (1997). . . .

R. CONNER, v. STATE, 748 So. 2d 950 (Fla. 1999)

. . . Section 90.603, Florida Statutes (1997), governing the disqualification of witnesses provides: A person . . .

STATE v. GREEN,, 733 So. 2d 583 (Fla. Dist. Ct. App. 1999)

. . . See §§ 90.603 and 90.604, Fla. Stat. (1997); see generally C. . . . Ehrhardt, Florida Evidence, (1999), § 603.1' at 391 (“Section 90.603 requires that a witness have the . . .

TAMPA BRASS ALUMINUM CORPORATION, v. AMERICAN EMPLOYERS INSURANCE COMPANY,, 709 So. 2d 548 (Fla. Dist. Ct. App. 1998)

. . . See § 90.603(2), Fla. . . .

SIMMONS, Jr. v. STATE, 683 So. 2d 1101 (Fla. Dist. Ct. App. 1996)

. . . .” § 90.603, Fla.Stat. (1995). See Bell v. . . .

FULLER, v. STATE, 669 So. 2d 273 (Fla. Dist. Ct. App. 1996)

. . . See also §§ 90.603(2) and 90.605(2), Fla.Stat. (1991). . . .

STATE v. TOWNSEND,, 635 So. 2d 949 (Fla. 1994)

. . . trial, the State and the defense stipulated that the child was incompetent to testify under section 90.603 . . . holding that its reliance on Perez in Townsend I was misplaced and that incompetency under section 90.603 . . . Section 90.603, Florida Statutes (1987), which governs the disqualification of witnesses, provides as . . .

CHERRYHOMES, v. STATE, 635 So. 2d 985 (Fla. Dist. Ct. App. 1994)

. . . Upon request of defense counsel, the trial judge ruled that the victim was incompetent to testify, § 90.603 . . . , the Fifth District found that the fact that a witness has been declared incompetent under section 90.603 . . . legislature did not define unavailable as a witness to include being disqualified as a witness under section 90.603 . . . Section 90.603(2), Florida Statutes (1985), provides that ‘[a] person is disqualified to testify as a . . . The fact that a child is incompetent to testify at trial according to section 90.603(2) does not necessarily . . .

TOWNSEND, v. STATE, 613 So. 2d 534 (Fla. Dist. Ct. App. 1993)

. . . Section 90.603(2), Florida Statutes (1985), provides that “[a] person is disqualified to testify as a . . . This inconsistency of logic can be resolved by recognizing as an “exception” to the section 90.603(2) . . . The Perez analysis of the effect of the child’s incompetence under section 90.603(2) as it applies to . . . The legislature in the same section seems to exclude those disqualified under section 90.603(2) from . . . We find the fact that a witness has been declared incompetent under section 90.603(2) meets none of the . . .

WADE, v. STATE, 586 So. 2d 1200 (Fla. Dist. Ct. App. 1991)

. . . State, 524 So.2d 396 (Fla.1988), and sections 90.603(2) and 90.605(2), Florida Statutes (1985)). . . .

STATE v. OCHOA,, 576 So. 2d 854 (Fla. Dist. Ct. App. 1991)

. . . a child is to testify in court, then a determination of competency to testify is made under section 90.603 . . .

DIAMOND R. FERTILIZER v. L. DAVIS,, 567 So. 2d 451 (Fla. Dist. Ct. App. 1990)

. . . . § 90.603, Fla.Stat. . . .

SLATER v. STATE OF FLORIDA, 42 Fla. Supp. 2d 19 (Fla. Cir. Ct. 1990)

. . . Further, both children were qualified to testify pursuant to the Florida Evidence Code, Section 90.603 . . .

RIVET, v. STATE, 556 So. 2d 521 (Fla. Dist. Ct. App. 1990)

. . . .” § 90.603, Fla.Stat. (1988). . . . Under 90.603 and 90.605 this determination must be made before the court can allow a witness to proceed . . .

PEREZ, v. STATE, 536 So. 2d 206 (Fla. 1988)

. . . Section 90.603(2), Florida Statutes (1985), provides that “[a] person is disqualified to testify as a . . .

W. GRIFFIN, v. STATE, 526 So. 2d 752 (Fla. Dist. Ct. App. 1988)

. . . The statutory provisions applicable to the competency issue raised in this appeal are sections 90.603 . . . Section 90.603(2) provides: A person is disqualified to testify as a witness when the court determines . . .

ZABRANI, v. J. RIVERON, 495 So. 2d 1195 (Fla. Dist. Ct. App. 1986)

. . . Section 90.603, Florida Statutes (1985), states that a person is disqualified from testifying when he . . .

In S. C. a v. STATE, 471 So. 2d 1326 (Fla. Dist. Ct. App. 1985)

. . . See Section 90.603, Florida Statutes (1983). . . .

GOLDSTEIN, v. STATE, 447 So. 2d 903 (Fla. Dist. Ct. App. 1984)

. . . See sections 90.105 and 90.603(2), Florida Statutes (1981). . . .