Florida Statute 90.603 | Lawyer Caselaw & Research

The 2024 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.

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 Citing Statute 90.603

Total Results: 20

Robert Roy Macomber v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-08-30

Citation: 254 So. 3d 1098

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

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

Court: Supreme Court of Florida | Date Filed: 2015-06-25

Citation: 183 So. 3d 286

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

Wingo v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-02-20

Citation: 158 So. 3d 743, 2015 Fla. App. LEXIS 2335, 2015 WL 719004

Snippet: 2d 637, 646 (Fla.2000); see also §§ 90.603, 90.604. In Hammond v. State, 660

Gilbert Dudley, III v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2014-05-15

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

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

Scolaro v. Butler

Court: District Court of Appeal of Florida | Date Filed: 2013-09-18

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

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

Bradley v. Cooper

Court: District Court of Appeal of Florida | Date Filed: 2010-07-14

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

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

Rp v. Department of Children and Family

Court: District Court of Appeal of Florida | Date Filed: 2007-03-23

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

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

Belcher v. Johnson

Court: District Court of Appeal of Florida | Date Filed: 2003-01-17

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

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

Gervin v. Andrews

Court: District Court of Appeal of Florida | Date Filed: 2002-09-25

Citation: 826 So. 2d 504, 2002 WL 31114883

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

Evans v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-03-27

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

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

Rutherford v. Moore

Court: Supreme Court of Florida | Date Filed: 2000-10-12

Citation: 774 So. 2d 637, 2000 WL 1508592

Snippet: unable to perceive and remember the events. See §§ 90.603, .604, Fla. Stat. (1999). However, "[a] witness

Palazzolo v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-01-12

Citation: 754 So. 2d 731, 2000 WL 201790

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

Conner v. State

Court: Supreme Court of Florida | Date Filed: 1999-09-16

Citation: 748 So. 2d 950, 1999 WL 731664

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

State v. Green

Court: District Court of Appeal of Florida | Date Filed: 1999-05-27

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

Snippet: and recollect the facts when testifying. See §§ 90.603 and 90.604, Fla. Stat. (1997); see generally C

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

Court: District Court of Appeal of Florida | Date Filed: 1998-02-13

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

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

Simmons v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-11-26

Citation: 683 So. 2d 1101, 1996 WL 678686

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

Fuller v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-01-25

Citation: 669 So. 2d 273, 1996 WL 26184

Snippet: State, 524 So.2d 396 (Fla.1988)). See also §§ 90.603(2) and 90.605(2), Fla.Stat. (1991). In this case

Lowe v. State

Court: Supreme Court of Florida | Date Filed: 1994-11-23

Citation: 650 So. 2d 969, 1994 WL 656653

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

Anderson v. State

Court: District Court of Appeal of Florida | Date Filed: 1994-09-08

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

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

State v. Townsend

Court: Supreme Court of Florida | Date Filed: 1994-04-21

Citation: 635 So. 2d 949, 1994 WL 137938

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