Florida Statutes

Fla. Stat. § 90.603 (2025)

Disqualification of witness.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 35 cases (5 in the last 5 years), 1985–2025 · leading case: State v. Townsend, 635 So. 2d 949 (Fla. 1994).

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State v. Townsend, 635 So. 2d 949 (Fla. 1994). · cites it 6× “Before trial, the State and the defense stipulated that the child was incompetent to testify under section 90.603, Florida Statutes (1987), due to her age.”

Perez v. State, 536 So. 2d 206 (Fla. 1988). · cites it 3× “Section 90.603(2), Florida Statutes (1985), provides that "[a] person is disqualified to testify as a witness when the court determines that he is .”

& SC13-1787 Steven Douglas Hayward v. State of Florida & Steven Douglas Hayward v. Julie L. Jones, etc., 183 So. 3d 286 (Fla. 2015). · cites it 4× “Section 90.603, Florida Statutes (2007), provides that a person is disqualified as a witness if the person is incapable of expressing himself or herself concerning the matter or is incapable of understanding the duty to tell the truth.”

Gilbert Dudley, III v. State of Florida, 139 So. 3d 273 (Fla. 2014). · cites it 4× “” § 90.603, Fla. Stat. (2013). As recognized by the Fourth District in Bowman, 760 So.”

Rutherford v. Moore, 774 So. 2d 637 (Fla. 2000). “See §§ 90.603, .604, Fla. Stat. (1999). However, "[a] witness is presumed competent to testify until the contrary is established.”

Conner v. State, 748 So. 2d 950 (Fla. 1999). · cites it 2× “603, Florida Statutes (1997), governing the disqualification of witnesses provides: 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…”

Palazzolo v. State, 754 So. 2d 731 (Fla. 2d DCA 2000). · cites it 2× “See § 90.603(2), Fla. Stat. (1997). When a party challenges the competency of a witness, the trial court should permit voir dire on the issue and make a case-specific determination of the witness's competency to testify.”

Diamond R. Fertilizer v. Davis, 567 So. 2d 451 (Fla. 1st DCA 1990). · cites it 2× “In the instant case, claimant had not been appointed a guardian or other authorized representative, and the trial court's determination that claimant was so unsound of mind that he could not manage his ordinary business affairs is supported by the evidence.”

Rp v. Dep't of Child. & Fam., 975 So. 2d 435 (Fla. 2d DCA 2007). · cites it 2× “See § 90.603(2), Fla. Stat. (2005). Since she was not, the admission into evidence of her testimony in itself constituted harmful, reversible error.”

Griffin v. State, 526 So. 2d 752 (Fla. 1st DCA 1988). “Section 90.603(2) provides: A person is disqualified to testify as a witness when the court determines that he is: .”

Zabrani v. Riveron, 495 So. 2d 1195 (Fla. 3d DCA 1986). · cites it 2× “Section 90.603, Florida Statutes (1985), states that a person is disqualified from testifying when he is incapable of expressing himself or incapable of understanding his duty to tell the truth.”

State v. Theer, 639 S.E.2d 655 (N.C. Ct. App. 2007). “Fla. Stat. Ann. § 90.603 (4)®) (2006). Without .”

Show all 35 citing cases →

— 90.603(1) — 1 case

Lowe v. State, 650 So. 2d 969 (Fla. 1994).

— 90.603(2) — 11 cases

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 witness when the court determines that he is .”

State v. Townsend, 635 So. 2d 949 (Fla. 1994). “Before trial, the State and the defense stipulated that the child was incompetent to testify under section 90.603, Florida Statutes (1987), due to her age.”

Palazzolo v. State, 754 So. 2d 731 (Fla. 2d DCA 2000). “See § 90.603(2), Fla. Stat. (1997). When a party challenges the competency of a witness, the trial court should permit voir dire on the issue and make a case-specific determination of the witness's competency to testify.”

Rp v. Dep't of Child. & Fam., 975 So. 2d 435 (Fla. 2d DCA 2007). “See § 90.603(2), Fla. Stat. (2005). Since she was not, the admission into evidence of her testimony in itself constituted harmful, reversible error.”

Griffin v. State, 526 So. 2d 752 (Fla. 1st DCA 1988). “Section 90.603(2) provides: A person is disqualified to testify as a witness when the court determines that he is: .”

— 90.603(23) — 1 case

Robert Roy Macomber v. State of Florida, 254 So. 3d 1098 (Fla. 1st DCA 2018).

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