Florida Statute 90.604 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.604

90.604 Lack of personal knowledge.—Except as otherwise provided in s. 90.702, a witness may not testify to a matter unless evidence is introduced which is sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may be given by the witness’s own testimony.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 483, ch. 95-147.

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Amendments to 90.604

Annotations, Discussions, Cases:

Cases Citing Statute 90.604

Total Results: 45

Roman v. State

475 So. 2d 1228, 10 Fla. L. Weekly 495

Supreme Court of Florida | Filed: Aug 30, 1985 | Docket: 196352

Cited 63 times | Published

killed the baby. We need go no further than section 90.604, Florida Statutes (1981): 90.604 Lack of personal

Rivera v. State

859 So. 2d 495

Supreme Court of Florida | Filed: Sep 11, 2003 | Docket: 1284596

Cited 28 times | Published

his personal knowledge of the matter under section 90.604, Florida Statutes (2001), his continued statement

Campbell v. Salman

384 So. 2d 1331

District Court of Appeal of Florida | Filed: Jun 24, 1980 | Docket: 2558954

Cited 12 times | Published

considered by the trial court. Fla.R.Civ.P. 1.510(e); § 90.604, Fla.Stats. (1979); First Mortgage Investors v

& 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

of understanding the duty to tell the truth. Section 90.604, Florida Statutes (2007), • provides that a

Victorino v. State

127 So. 3d 478, 2013 WL 5567079

Supreme Court of Florida | Filed: Oct 10, 2013 | Docket: 60236730

Cited 8 times | Published

Speculative Lay Opinion Evidence Relying on section 90.604, Florida Statutes (2006), which provides that

Rowan v. State

696 So. 2d 842, 1997 WL 148672

District Court of Appeal of Florida | Filed: Apr 2, 1997 | Docket: 1696043

Cited 8 times | Published

knowledge of which room belonged to appellant. See § 90.604, Fla. Stat. (1995) ("[A] witness may not testify

Orton v. State

212 So. 3d 377, 2017 WL 363159, 2017 Fla. App. LEXIS 787

District Court of Appeal of Florida | Filed: Jan 25, 2017 | Docket: 60263349

Cited 6 times | Published

hand, a speculation objection is rooted in section 90.604, Florida Statutes, which requires a witness

Serrano v. State

15 So. 3d 629, 2009 Fla. App. LEXIS 7694, 2009 WL 1677545

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 1660461

Cited 6 times | Published

knowledge, including personal observations. See § 90.604, Fla. Stat. (2006). *639Although the questions

Doctors Co. v. State, Dept. of Ins.

940 So. 2d 466, 31 Fla. L. Weekly Fed. D 2341

District Court of Appeal of Florida | Filed: Sep 13, 2006 | Docket: 1524102

Cited 6 times | Published

material to the issues to be decided by the jury. See § 90.604, Fla. Stat. (2005). [2] Mr. Buttner also admitted

Essex v. State

917 So. 2d 953, 2005 WL 3478353

District Court of Appeal of Florida | Filed: Dec 21, 2005 | Docket: 1509424

Cited 6 times | Published

witness gave him describing the perpetrator. See § 90.604, .801(1)(c), .802, Fla. Stat. (1997). To avoid

State of Florida v. Donna Horwitz

191 So. 3d 429, 41 Fla. L. Weekly Supp. 211, 2016 WL 2586307, 2016 Fla. LEXIS 955

Supreme Court of Florida | Filed: May 5, 2016 | Docket: 3061089

Cited 5 times | Published

presence of some of the witnesses. See § 90.604, Fla. Stat. (2011).

L.L. v. State

189 So. 3d 252, 2016 WL 1357736, 2016 Fla. App. LEXIS 5262

District Court of Appeal of Florida | Filed: Apr 6, 2016 | Docket: 60254465

Cited 5 times | Published

based on the .witness’s personal knowledge,-section 90.604, Florida Statutes, and perceptions, section

Robinson v. State

989 So. 2d 747, 2008 WL 4180266

District Court of Appeal of Florida | Filed: Sep 12, 2008 | Docket: 1214426

Cited 4 times | Published

facts within his independent knowledge); see also § 90.604, Fla. Stat. (2005) (stating that lay witness "may

Szuba v. State

749 So. 2d 551, 2000 WL 24888

District Court of Appeal of Florida | Filed: Jan 14, 2000 | Docket: 1690432

Cited 4 times | Published

witness gave him describing the perpetrator. See § 90.604, .801(1)(c), .802, Fla. Stat. (1997). To avoid

State v. Eubanks

609 So. 2d 107, 1992 WL 341950

District Court of Appeal of Florida | Filed: Nov 25, 1992 | Docket: 1737983

Cited 4 times | Published

testify about what he personally observed. See § 90.604, Fla. Stat. (1989). Moreover, "[a] witness who

Tennyson v. State

254 So. 3d 510

District Court of Appeal of Florida | Filed: Apr 11, 2018 | Docket: 6360287

Cited 3 times | Published

v. State, 475 So. 2d 1228, 1233 (Fla. 1985); § 90.604, Fla. Stat. (2016). He was merely acknowledging

Holborough v. State

103 So. 3d 221, 2012 WL 5933008, 2012 Fla. App. LEXIS 20448

District Court of Appeal of Florida | Filed: Nov 28, 2012 | Docket: 60227007

Cited 3 times | Published

from her display of a “Florida ID” to him. See § 90.604, Fla. Stat. (2010). Hearsay is “a statement, other

Coral Imaging Services v. Geico Indem. Ins.

955 So. 2d 11, 2006 Fla. App. LEXIS 16469, 2006 WL 2819614

District Court of Appeal of Florida | Filed: Oct 4, 2006 | Docket: 1659265

Cited 3 times | Published

§ 39.013(2); § 44.06(2); § 63.0423(5) and (6); § 90.604. Cf. e.g., Fla. Stat. § 627.4143(3)(b) (provision

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. § 90.604, Fla.Stat. It is within the sound discretion of

Roschman Partners v. SK PARTNERS I

627 So. 2d 2, 1993 WL 382560

District Court of Appeal of Florida | Filed: Sep 29, 1993 | Docket: 1530216

Cited 3 times | Published

the intention of the parties in contracting. See § 90.604, Fla. Stat. (1991). Similarly, an attorney-in-fact

Kenya J. Williams v. State of Florida

257 So. 3d 1192

District Court of Appeal of Florida | Filed: Nov 6, 2018 | Docket: 8140338

Cited 2 times | Published

witness has personal knowledge of the matter.” § 90.604, Fla. Stat. Here, in identifying the shoes worn

State of Florida v. Eric Lucas

183 So. 3d 1027, 41 Fla. L. Weekly Supp. 19, 2016 Fla. LEXIS 189, 2016 WL 339550

Supreme Court of Florida | Filed: Jan 28, 2016 | Docket: 3031846

Cited 2 times | Published

personal knowledge of the facts of a case. See § 90.604, Fla. Stat. (2015). If a defendant alleges in

& SC13-1065 Harold Blake v. State of Florida and Harold Blake v. Timothy H. Cannon, etc.

180 So. 3d 89

Supreme Court of Florida | Filed: Dec 4, 2014 | Docket: 2611590

Cited 2 times | Published

the purpose of Green’s actions. See § 90.604, Fla. Stat. (2005) (“[A] witness may not testify

Bryant v. State

124 So. 3d 1012, 2013 WL 5925304, 2013 Fla. App. LEXIS 17582

District Court of Appeal of Florida | Filed: Nov 6, 2013 | Docket: 60235280

Cited 2 times | Published

testimony identifying the phone call’s origin. Section 90.604, Florida Statutes (2009), in pertinent part

Hordis Bros., Inc. v. Sentinel Holdings, Inc.

562 So. 2d 715, 1990 Fla. App. LEXIS 2867, 1990 WL 49827

District Court of Appeal of Florida | Filed: Apr 24, 1990 | Docket: 2490065

Cited 2 times | Published

knowledge... was not admissible into evidence... ."); § 90.604, Fla. Stat. (1989). The plaintiff's affidavit

A & A Electric Services, Inc. v. Jurado

198 So. 3d 37, 2015 Fla. App. LEXIS 12713

District Court of Appeal of Florida | Filed: Aug 26, 2015 | Docket: 60294173

Cited 1 times | Published

810 So.2d 516, 521 (Fla. 4th DCA 2001); see also § 90.604, Fla. Stat. (2012) (providing that a witness may

Richard Allen Johnson v. State of Florida

135 So. 3d 1002, 2014 WL 68134

Supreme Court of Florida | Filed: Jan 9, 2014 | Docket: 400987

Cited 1 times | Published

nonverbal actions, which was proper. See § 90.604, Fla. Stat. (2006). Counsel cannot be deficient

Steve Matthews v. the State of Florida

District Court of Appeal of Florida | Filed: Jul 2, 2025 | Docket: 70690847

Published

witness has personal knowledge of the matter. § 90.604, Fla. Stat. (2009). Where a witness has no personal

Carol Boyd v. Universal Property & Casualty Insurance Company

District Court of Appeal of Florida | Filed: Mar 26, 2025 | Docket: 69793434

Published

witness has personal knowledge of the matter.” § 90.604, Fla. Stat. (2023). “An affiant’s personal knowledge

Sharnika Lashay Moore-Bryant v. State of Florida

District Court of Appeal of Florida | Filed: May 15, 2024 | Docket: 68490740

Published

scene. “[A] speculation objection is rooted in section 90.604, Florida Statutes, which requires a witness

State of Florida v. Andrew King

District Court of Appeal of Florida | Filed: Sep 9, 2021 | Docket: 60373625

Published

3d 1192, 1196 (Fla. 1st DCA 2018) (quoting section 90.604, Florida Statutes, for the proposition that

PEGGY A. THORLTON v. NATIONSTAR MORTGAGE, L L C

257 So. 3d 596

District Court of Appeal of Florida | Filed: Oct 17, 2018 | Docket: 8040495

Published

(2016), or lack of personal knowledge under section 90.604. Nationstar distinguished Spencer by arguing

JPMorgan Chase Bank, N.A. v. Ostrander

201 So. 3d 1281, 2016 Fla. App. LEXIS 16009

District Court of Appeal of Florida | Filed: Oct 28, 2016 | Docket: 4483498

Published

knowledge of JPMorgan’s actions. See § 90.604, Fla. Stat. (2014) (“[A] witness may not testify

Robert K. Walton v. Deutsche Bank National Trust Co., etc.

201 So. 3d 831, 2016 Fla. App. LEXIS 15547

District Court of Appeal of Florida | Filed: Oct 19, 2016 | Docket: 4480289

Published

taking, place on or before July 16, 2008. See § 90.604, Fla. Stat. (witness may not testify to a matter

Leonard v. State

192 So. 3d 1258, 2016 WL 3201073, 2016 Fla. App. LEXIS 8937

District Court of Appeal of Florida | Filed: Jun 10, 2016 | Docket: 3077249

Published

not based on personal knowledge. See § 90.604 (“[A] witness may not testify to a matter unless

L.L. v. State

District Court of Appeal of Florida | Filed: Apr 6, 2016 | Docket: 3051125

Published

layperson’s personal knowledge.” Id.; see also § 90.604, Fla. Stat. (“Except as

& SC13-1065 Harold Blake v. State of Florida and Harold Blake v. Timothy H. Cannon, etc. Corrected Opinion

Supreme Court of Florida | Filed: Sep 17, 2015 | Docket: 2816845

Published

opinion about the purpose of Green’s actions. See § 90.604, Fla. Stat. (2005) (“[A] witness

A&A Electric Services, Inc. v. Jurado

198 So. 3d 37

District Court of Appeal of Florida | Filed: Aug 26, 2015 | Docket: 2687744

Published

So. 2d 516, 521 (Fla. 4th DCA 2001); see also § 90.604, Fla. Stat. (2012) (providing that a witness

Richard Allen Johnson v. Michael D. Crews, etc.

Supreme Court of Florida | Filed: Jan 9, 2014 | Docket: 400986

Published

Johnson’s nonverbal actions, which was proper. See § 90.604, Fla. Stat. (2006). Counsel cannot be deficient

Roseman v. Town Square Ass'n, Inc.

810 So. 2d 516, 2001 WL 1540505

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 1654792

Published

did not actually see anyone adjust the door. Section 90.604, Florida Statutes (1999), prohibits testimony

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

recollect, are included within the provisions of section 90.604. In order to have the requisite personal knowledge

Snelling & Snelling, Inc. v. Kaplan

614 So. 2d 665, 1993 Fla. App. LEXIS 2248, 1993 WL 48258

District Court of Appeal of Florida | Filed: Feb 26, 1993 | Docket: 64694635

Published

Browning’s personal knowledge of the matter. See § 90.-604, Fla.Stat. (1991). Nor could the ledger be considered

John Deere Co. v. Thomas

522 So. 2d 926, 13 Fla. L. Weekly 694, 1988 Fla. App. LEXIS 984, 1988 WL 20056

District Court of Appeal of Florida | Filed: Mar 9, 1988 | Docket: 64633841

Published

cross examination, a challenge grounded upon section 90.604, Florida Statutes (1985), would have been appropriate

Howard Bros. v. Sotuyo

472 So. 2d 1264, 10 Fla. L. Weekly 1642

District Court of Appeal of Florida | Filed: Jul 3, 1985 | Docket: 1793897

Published

foundation for the testimony that followed. See, Section 90.604, Florida Statutes (1983). The defendants also

Airborne Freight Corp. v. Fleming International Airways, Inc.

423 So. 2d 921, 1982 Fla. App. LEXIS 21659

District Court of Appeal of Florida | Filed: Nov 9, 1982 | Docket: 64594073

Published

v. United States, 641 F.2d 253 (5th Cir.1981); § 90.604, Fla.Stat. (1981) (lack of personal knowledge)