Florida Statute 90.609 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

View Entire Chapter

F.S. 90.609

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.

F.S. 90.609 on Google Scholar

F.S. 90.609 on Casetext

Amendments to 90.609

Arrestable Offenses / Crimes under Fla. Stat. 90.609

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.609.

Annotations, Discussions, Cases:

Cases Citing Statute 90.609

Total Results: 20

Rivera v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-06-21

Citation: 274 So. 3d 537

Snippet: where a witness is being impeached under section 90.609 based upon his or her reputation in the community

Rivera v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-06-21

Citation: 274 So. 3d 537

Snippet: where a witness is being impeached under section 90.609 based upon his or her reputation in the community

Byrd v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-06-14

Citation: 221 So. 3d 659, 2017 WL 2569782, 2017 Fla. App. LEXIS 8668

Snippet: witness in accordance with the provisions of s. 90.609 or s. 90.610, (4)- Showing a defect of capacity

& SC13-2330 Michael A. Hernandez, Jr. v. State of Florida and Michael A. Hernandez, Jr. v. Julie L. Jones, etc.

Court: Supreme Court of Florida | Date Filed: 2015-09-17

Citation: 180 So. 3d 978

Snippet: character relating to truthfulness under section 90.609(1), Florida Statutes, and relating to evidence

Kareem Daniel Farrell v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-05-13

Citation: 186 So. 3d 1046, 2015 Fla. App. LEXIS 7069

Snippet: in accordance with the provisions of sections *90.609 or 90.610.” If a party chooses to impeach by attacking

Johnson v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-03-01

Citation: 108 So. 3d 707, 2013 WL 757198, 2013 Fla. App. LEXIS 3301

Snippet: may only be introduced in one form— reputation. § 90.609, Fla. Stat. (2012). This form of evidence is thought

City of Orlando v. Pineiro

Court: District Court of Appeal of Florida | Date Filed: 2011-08-05

Citation: 66 So. 3d 1064, 2011 Fla. App. LEXIS 12266, 2011 WL 3359613

Snippet: witness in accordance with the provisions of s. 90.609 or s. 90.610. The City points out that at least

Pantoja v. State

Court: Supreme Court of Florida | Date Filed: 2011-03-03

Citation: 59 So. 3d 1092, 36 Fla. L. Weekly Supp. 91, 2011 Fla. LEXIS 519, 2011 WL 722374

Snippet: “Allowing this testimony would violate sections 90.608, 90.609, and 90.610, Florida Statutes (1998), which prohibit

Roosevelt v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-08-04

Citation: 42 So. 3d 293, 2010 Fla. App. LEXIS 11282, 2010 WL 3023314

Snippet: That case, however, was decided under sections 90.609 and 90.610, Florida Statutes. Tanzi, on the other

In Re Commitment of DeBolt

Court: District Court of Appeal of Florida | Date Filed: 2009-03-04

Citation: 19 So. 3d 335, 2009 Fla. App. LEXIS 1929, 2009 WL 530391

Snippet: argument he made in his motion for new trial. Section 90.609, Florida Statutes (2006), provides that the character

Pantoja v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-09-04

Citation: 990 So. 2d 626, 2008 WL 4073348

Snippet: witness in accordance with the provisions of s. 90.609 or s. 90.610. (4) Showing a defect of capacity

PINTADO v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-11-14

Citation: 970 So. 2d 857, 2007 WL 3355092

Snippet: for truthfulness is admissible. §§ 90.404(1)(b), 90.609, Fla. Stat. (2006). A witness may also be impeached

Welch v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-11-03

Citation: 940 So. 2d 1244, 2006 WL 3103152

Snippet: with "[w]ho may impeach" a witness and section 90.609 defines the "[c]haracter of witness as impeachment

Ibar v. State

Court: Supreme Court of Florida | Date Filed: 2006-03-09

Citation: 938 So. 2d 451, 2006 WL 560586

Snippet: the opinions of a small number of people. Section 90.609, Florida Statutes (1999), provides as follows:

Gonzalez v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-04-21

Citation: 871 So. 2d 1010, 2004 Fla. App. LEXIS 5458, 2004 WL 840237

Snippet: sufficient community” to be permissible. Section 90.609, Florida Statutes (2002) permits a party to attack

Butler v. State

Court: Supreme Court of Florida | Date Filed: 2003-04-03

Citation: 842 So. 2d 817, 2003 WL 1786712

Snippet: witness in accordance with the provisions of s. 90.609 or s. 90.610. (4) Showing a defect of capacity

Morrison v. State

Court: Supreme Court of Florida | Date Filed: 2002-03-21

Citation: 818 So. 2d 432, 2002 WL 432561

Snippet: impermissible opinion evidence. Pursuant to section 90.609, Florida Statutes (1997), a party may use character

Baker v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-01-18

Citation: 804 So. 2d 564, 2002 WL 63354

Snippet: and lascivious conduct. See id. Under sections 90.609 and 90.610, Florida Statutes, the character of

Midtown Enterprises, Inc. v. Local Contractors, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2001-04-11

Citation: 785 So. 2d 578, 2001 Fla. App. LEXIS 4747, 2001 WL 356946

Snippet: admissible by way of reputation evidence. See § 90.609, Fla. Stat. (1999). Likewise, it is inadmissible

Strasser v. Yalamanchi

Court: District Court of Appeal of Florida | Date Filed: 2001-02-28

Citation: 783 So. 2d 1087, 2001 WL 195056

Snippet: the witness in accordance with the provisions of 90.609 or 90.610. (4) Showing a defect of capacity, ability