Florida Statutes

Fla. Stat. § 90.609 (2025)

Character of witness as impeachment.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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90.609 Character of witness as impeachment.—A party may attack or support the credibility of a witness, including an accused, by evidence in the form of reputation, except that:

(1) The evidence may refer only to character relating to truthfulness.

(2) Evidence of a truthful character is admissible only after the character of the witness for truthfulness has been attacked by reputation evidence.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 15, 22, ch. 78-361; ss. 1, 2, ch. 78-379.

Notes of Decisions

Cited in 42 cases (2 in the last 5 years), 1980–2025 · leading case: Morrison v. State, 818 So. 2d 432 (Fla. 2002).

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Morrison v. State, 818 So. 2d 432 (Fla. 2002). · cites it 2× “Pursuant to section 90.609, Florida Statutes (1997), a party may use character evidence to attack the credibility of a witness if the evidence relates to the witness's reputation for truthfulness.”

Ibar v. State, 938 So. 2d 451 (Fla. 2006). · cites it 2× “Section 90.609, Florida Statutes (1999), provides as follows: A party may attack or support the credibility of a witness, including an accused, by evidence in the form of reputation, except that: (1) The evidence may refer only to character relating to truthfulness.”

Arias v. State, 593 So. 2d 260 (Fla. 3d DCA 1992). · cites it 7× “The commentators on Florida evidence acknowledge that there is some ambiguity regarding the proper interpretation of subsection 90.609(2), Florida Statutes (1989), the wording of which differs slightly from the counterpart Federal Rule of Evidence.”

Erp v. Carroll, 438 So. 2d 31 (Fla. 5th DCA 1983). · cites it 4× “party believes the adverse party is credible and may give favorable testimony and, therefore, in good faith calls that party as a witness and the party-witness merely fails to give beneficial testimony but gives no prejudicial testimony, [10] *38 the calling party should not for…”

Larzelere v. State, 676 So. 2d 394 (Fla. 1996). · cites it 2× “Under section 90.609, Florida Statutes (1991), a party may attack the credibility of a person by introducing character evidence in the form of reputation provided that the evidence relates only to the person's reputation for truthfulness.”

Antone v. State, 382 So. 2d 1205 (Fla. 1980). · cites it 2× “§ 90.609, Fla. Stat. (Supp. 1978). [5] In a federal prosecution arising from the murder of Cloud, the Fifth Circuit held that Haskew's false testimony concerning payment of attorney's fees did not require a new trial, because revelation of the fact that such fees were paid by…”

Roosevelt v. State, 42 So. 3d 293 (Fla. 3d DCA 2010). · cites it 4× “The Second District agreed, stating that the trial court abused its discretion when it allowed the questioning regarding the expert's formal disciplinary proceedings: Section 90.609, Florida Statutes (2006), provides that the character of a witness may be attacked only by…”

Lawhorne v. State, 500 So. 2d 519 (Fla. 1986). · cites it 2× “Obviously, the testimony was not offered as evidence of reputation for truthfulness under section 90.609, Florida Statutes (1983). Nor do the provisions on evidence of character or traits of character appear to pertain to the testimony here in question.”

Midtown Enter., Inc. v. Local Contractors, Inc., 785 So. 2d 578 (Fla. 3d DCA 2001). · cites it 2× “See § 90.609, Fla. Stat. (1999). Likewise, it is inadmissible under section 90.”

Jackson v. State, 545 So. 2d 260 (Fla. 1989). · cites it 2× “First, under section 90.609, Florida Statutes (1985), a party may attack the character of a witness only by reputation evidence referring to character relating to truthfulness.”

Lott v. State, 695 So. 2d 1239 (Fla. 1997). · cites it 2× “Pursuant to section 90.609, Florida Statutes (1993), a party may use character evidence to attack the credibility of a witness if the evidence relates to the witness's reputation for truthfulness.”

Pantoja v. State, 59 So. 3d 1092 (Fla. 2011). “610 or evidence that the witness has a poor reputation for truthfulness under section 90.609. Accordingly, we cannot agree with the Second District that a witness’ prior false accusation of sexual abuse against a person other than the defendant always constitutes grounds for…”

Show all 42 citing cases →

— 90.609(1) — 3 cases

& SC13-2330 Michael A. Hernandez, Jr. v. State of Florida & Michael A. Hernandez, Jr. v. Julie L. Jones, etc., 180 So. 3d 978 (Fla. 2015).

Pantoja v. State, 990 So. 2d 626 (Fla. 1st DCA 2008).

Ward L. Kenyon v. State of Florida (Fla. 4th DCA 2025).

— 90.609(2) — 6 cases

Arias v. State, 593 So. 2d 260 (Fla. 3d DCA 1992). “The commentators on Florida evidence acknowledge that there is some ambiguity regarding the proper interpretation of subsection 90.609(2), Florida Statutes (1989), the wording of which differs slightly from the counterpart Federal Rule of Evidence.”

Reyes v. State, 580 So. 2d 309 (Fla. 3d DCA 1991).

Pintado v. State, 970 So. 2d 857 (Fla. 3d DCA 2007).

Mohorn v. State, 462 So. 2d 81 (Fla. 4th DCA 1985).

Knowlton v. State, 33 Fla. Supp. 2d 87 (Fla. Cir. Ct. 1989).

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