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Florida Statute 90.609 | Lawyer Caselaw & Research
F.S. 90.609 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 90.609

The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

RIVERA, v. STATE, 274 So. 3d 537 (Fla. App. Ct. 2019)

. . . Likewise, where a witness is being impeached under section 90.609 based upon his or her reputation in . . .

BYRD, v. STATE, 221 So. 3d 659 (Fla. Dist. Ct. App. 2017)

. . . witness is biased. (3) Attacking the character of the witness in accordance with the provisions of s. 90.609 . . .

A. HERNANDEZ, JR. v. STATE A. Jr. v. L., 180 So. 3d 978 (Fla. 2015)

. . . impeachment of the character of the witness by evidence of character relating to truthfulness under section 90.609 . . .

FARRELL, v. STATE, 186 So. 3d 1046 (Fla. Dist. Ct. App. 2015)

. . . biased; '[or] 3) attacking the character of the witness in accordance with the provisions of sections *90.609 . . . character of a witness, it must do so by admitting evidence in the form of reputation (under section 90.609 . . .

CHILDERS, v. L. FLOYD,, 736 F.3d 1331 (11th Cir. 2013)

. . . witness is biased. (3) Attacking the character of the witness in accordance with the provisions of § 90.609 . . .

JOHNSON, v. STATE, 108 So. 3d 707 (Fla. Dist. Ct. App. 2013)

. . . . § 90.609, Fla. Stat. (2012). . . .

CITY OF ORLANDO, v. PINEIRO,, 66 So. 3d 1064 (Fla. Dist. Ct. App. 2011)

. . . witness is biased. (3) Attacking the character of the witness in accordance with the provisions of s. 90.609 . . .

PANTOJA, v. STATE, 59 So. 3d 1092 (Fla. 2011)

. . . In so holding, we have explained, “Allowing this testimony would violate sections 90.608, 90.609, and . . . under section 90.610 or evidence that the witness has a poor reputation for truthfulness under section 90.609 . . .

ROOSEVELT, v. STATE, 42 So. 3d 293 (Fla. Dist. Ct. App. 2010)

. . . discretion when it allowed the questioning regarding the expert’s formal disciplinary proceedings: Section 90.609 . . . That case, however, was decided under sections 90.609 and 90.610, Florida Statutes. . . .

In COMMITMENT OF DeBOLT. v., 19 So. 3d 335 (Fla. Dist. Ct. App. 2009)

. . . Section 90.609, Florida Statutes (2006), provides that the character of a witness may be attacked only . . .

PANTOJA, v. STATE, 990 So. 2d 626 (Fla. Dist. Ct. App. 2008)

. . . witness is biased. (3) Attacking the character of the witness in accordance with the provisions of s. 90.609 . . . Section 90.609(1) permits credibility attacks in the form of evidence that the witness has a poor reputation . . . under section 90.610 or evidence that the witness has a poor reputation for truthfulness under section 90.609 . . .

PINTADO, v. STATE, 970 So. 2d 857 (Fla. Dist. Ct. App. 2007)

. . . . §§ 90.404(1)(b), 90.609, Fla. Stat. (2006); see also Reyes v. . . . State, 580 So.2d 309, 310 n. 4 (Fla. 3d DCA 1991) (noting that Section 90.609(2), Florida Statutes, permits . . . . §§ 90.404(1)(b), 90.609, Fla. Stat. (2006). . . .

WELCH, v. STATE, 940 So. 2d 1244 (Fla. Dist. Ct. App. 2006)

. . . Section 90.608 deals with “[w]ho may impeach” a witness and section 90.609 defines the “[c]haracter of . . .

IBAR, v. STATE, 938 So. 2d 451 (Fla. 2006)

. . . Section 90.609, Florida Statutes (1999), provides as follows: A party may attack or support the credibility . . .

GONZALEZ, v. STATE, 871 So. 2d 1010 (Fla. Dist. Ct. App. 2004)

. . . Section 90.609, Florida Statutes (2002) permits a party to attack the credibility of a witness “by evidence . . . Before a reputation witness may testify under section 90.609, “a foundation must first be laid to establish . . . family is too narrow a segment of the community to be the source of reputation testimony under section 90.609 . . . However, a witness’s youth does not contract the breadth of “community” necessary for section 90.609 . . .

BUTLER, v. STATE, 842 So. 2d 817 (Fla. 2003)

. . . witness is biased. (3) Attacking the character of the witness in accordance with the provisions of s. 90.609 . . .

MORRISON, Jr. v. STATE, 818 So. 2d 432 (Fla. 2002)

. . . Pursuant to section 90.609, Florida Statutes (1997), a party may use character evidence to attack the . . .

J. BAKER, v. STATE, 804 So. 2d 564 (Fla. Dist. Ct. App. 2002)

. . . Rather, sections 90.609 and 90.610, Florida Statutes (1997), permit the character of a witness to be . . . Under sections 90.609 and 90.610, Florida Statutes, the character of a witness may be impeached by evidence . . .

MIDTOWN ENTERPRISES, INC. v. LOCAL CONTRACTORS, INC., 785 So. 2d 578 (Fla. Dist. Ct. App. 2001)

. . . See § 90.609, Fla. Stat. (1999). . . .

J. STRASSER, M. D. P. A. a J. K. v. YALAMANCHI, M. D. P. A. a, 783 So. 2d 1087 (Fla. Dist. Ct. App. 2001)

. . . witness is biased. (3) Attacking the character of the witness in accordance with the provisions of 90.609 . . .

ROBERTSON, v. STATE, 780 So. 2d 94 (Fla. Dist. Ct. App. 2000)

. . . whether evidence of the defendant’s alleged prior misconduct was admissible under sections 90.608, 90.609 . . . specifically states that character can only be attacked in accordance with the provisions of section 90.609 . . . Section 90.609 provides for attacking or supporting “the credibility of a witness, including the accused . . .

WASHINGTON, v. STATE, 737 So. 2d 1208 (Fla. Dist. Ct. App. 1999)

. . . witness is biased. (3) Attacking the character of the witness in accordance with the provisions of § 90.609 . . .

NELSON, v. STATE, 739 So. 2d 1177 (Fla. Dist. Ct. App. 1999)

. . . Impeaching the character of witnesses is authorized by section 90.609, Florida Statutes. . . . Addressing both sections 90.609 and 90.405, our supreme court stated: Essentially, it must be established . . .

FERNANDEZ, v. STATE, 730 So. 2d 277 (Fla. 1999)

. . . Allowing this testimony would violate sec-Rons 90.608, 90.609, and 90.610, Florida Statutes (1993), which . . .

MOTON, v. STATE, 697 So. 2d 1271 (Fla. Dist. Ct. App. 1997)

. . . . § 90.609, Fla. Stat. . . . . § 90.609, Fla. Stat. . . .

LOTT, v. STATE, 695 So. 2d 1239 (Fla. 1997)

. . . Pursuant to section 90.609, Florida Statutes (1993), a party may use character evidence to attack the . . .

SMITH, Jr. v. STATE, 674 So. 2d 791 (Fla. Dist. Ct. App. 1996)

. . . at issue the child’s character or reputation, the testimony was not admissible pursuant to sections 90.609 . . .

LARZELERE, v. STATE, 676 So. 2d 394 (Fla. 1996)

. . . Under section 90.609, Florida Statutes (1991), a party may attack the credibility of a person by introducing . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. LYNCH,, 661 So. 2d 1227 (Fla. Dist. Ct. App. 1995)

. . . testimony regarding the plaintiffs reputation in the community must be in strict compliance with section 90.609 . . .

CORREIA, v. STATE, 654 So. 2d 952 (Fla. Dist. Ct. App. 1995)

. . . witness is biased. (3) Attacking the character of the witness in accordance with the provisions of s. 90.609 . . .

HALL, v. STATE, 634 So. 2d 1124 (Fla. Dist. Ct. App. 1994)

. . . Ehrhardt, Florida Evidence §§ 90.404(1), 90.609 & 90.610 (1992 ed.); Landry v. . . .

ARIAS, v. STATE, 593 So. 2d 260 (Fla. Dist. Ct. App. 1992)

. . . evidence acknowledge that there is some ambiguity regarding the proper interpretation of subsection 90.609 . . . Subsection 90.609(2) provides, “evidence of a truthful character is admissible only after the character . . . “The better view is that Section 90.609(2) did not change the pre-Code law and that the section refers . . .

POTTGEN, v. STATE, 589 So. 2d 390 (Fla. Dist. Ct. App. 1991)

. . . provides: A party calling a witness shall not be allowed to impeach his character, as provided in s. 90.609 . . .

REYES, v. STATE, 580 So. 2d 309 (Fla. Dist. Ct. App. 1991)

. . . We reject the state’s contentions that the Sut-tons’ testimony was properly admitted under section 90.609 . . .

SHERE, Jr. v. STATE, 579 So. 2d 86 (Fla. 1991)

. . . (c) Attacking the character of the witness in accordance with the provisions of s. 90.609 or s. 90.610 . . . impeached. (2) A party calling a witness shall not be allowed to impeach his character as provided in s. 90.609 . . .

WILCOX v. STATE OF FLORIDA, 39 Fla. Supp. 2d 36 (Fla. Cir. Ct. 1990)

. . . . § 90.609 (1987) relating to impeachment by reference to witness’ character or by Fla. . . .

J. DUPONT, v. STATE, 556 So. 2d 457 (Fla. Dist. Ct. App. 1990)

. . . Section 90.609, Florida Statutes (1987), specifically requires that impeachment of a witness’ credibility . . .

STATE OF FLORIDA v. MEYER STATE OF FLORIDA v. DAVIS, 39 Fla. Supp. 2d 82 (Fla. Cir. Ct. 1990)

. . . Prior acts of misconduct are not proper impeachment under 90.609, Florida Statutes. . . .

JACKSON, v. STATE, 545 So. 2d 260 (Fla. 1989)

. . . First, under section 90.609, Florida Statutes (1985), a party may attack the character of a witness only . . .

KNOWLTON v. STATE OF FLORIDA, 33 Fla. Supp. 2d 87 (Fla. Cir. Ct. 1989)

. . . Section 90.609(2) Florida Statutes (1985) The defense sought to call two attorneys as character witnesses . . .

JAGGERS, v. STATE, 536 So. 2d 321 (Fla. Dist. Ct. App. 1988)

. . . See also §§ 90.608 and 90.609, Fla.Stat. (1985) and C. . . . provides that the character of a witness is subject to attack in accordance with the provisions of section 90.609 . . . See also §§ 90.608 and 90.609, Fla.Stat. (1985) and C. . . .

W. LUSK, v. STATE, 531 So. 2d 1377 (Fla. Dist. Ct. App. 1988)

. . . State, 407 So.2d 1007 (Fla. 5th DCA 1981); § 90.609, Fla.Stat. (1985). . . .

D. J. G. a v. STATE, 524 So. 2d 1024 (Fla. Dist. Ct. App. 1987)

. . . witness ... (2) A party calling a witness shall not be allowed to impeach his character as provided in s. 90.609 . . .

LOZO v. STATE OF FLORIDA, 39 Fla. Supp. 2d 59 (Fla. Cir. Ct. 1987)

. . . Section 90.609 F.S. provides: Character of witness as impeachment- A party may attack or support the . . .

ALLRIGHT OF MIAMI, INC. v. OESTERLE, 507 So. 2d 771 (Fla. Dist. Ct. App. 1987)

. . . Wallace, 417 So.2d 1022 (Fla.2d DCA 1982); § 90.609(2), Fla.Stat. (1985). . . .

LAWHORNE, v. STATE, 500 So. 2d 519 (Fla. 1986)

. . . Obviously, the testimony was not offered as evidence of reputation for truthfulness under section 90.609 . . .

CARTER, v. STATE, 485 So. 2d 1292 (Fla. Dist. Ct. App. 1986)

. . . Section 90.609, Florida Statutes (1983), provides in relevant part: A party may attack or support the . . .

LAWHORNE, v. STATE, 481 So. 2d 19 (Fla. Dist. Ct. App. 1985)

. . . See §§ 90.404-405, 90.609-.610, Fla.Stat. (1983). . . .

A. ROSE, v. STATE, 472 So. 2d 1155 (Fla. 1985)

. . . (c) Attacking the character of the witness in accordance with the provisions of s. 90.609 or s. 90.610 . . .

MOHORN a k a v. STATE, 462 So. 2d 81 (Fla. Dist. Ct. App. 1985)

. . . See also section 90.609(2), Florida Statutes (1983). . . .

E. SIMMONS, Sr. G. v. BAPTIST HOSPITAL OF MIAMI, INC., 454 So. 2d 681 (Fla. Dist. Ct. App. 1984)

. . . Tolley, 345 So.2d 747, 754 (Fla. 4th DCA 1977); §§ 90.403, 90.609, 90.610, 90.614, Fla.Stat. (1983). . . .

ERP, v. CARROLL,, 438 So. 2d 31 (Fla. Dist. Ct. App. 1983)

. . . that reason impeach the party-witness’ character by evidence as to bad reputation for truthfulness (§ 90.609 . . . adverse party-witness by attacking his character by evidence as to bad reputation for truthfulness (§ 90.609 . . . party-witness may not only be contradicted but may also be impeached as to a bad reputation for veracity (§ 90.609 . . .

DIAMOND, v. STATE, 436 So. 2d 364 (Fla. Dist. Ct. App. 1983)

. . . 1981): (2) A party calling a witness shall not be allowed to impeach his character as provided in s. 90.609 . . .

GENERAL TELEPHONE COMPANY v. WALLACE, III,, 417 So. 2d 1022 (Fla. Dist. Ct. App. 1982)

. . . These rules are embodied in the Florida Evidence Code at section 90.609, Florida Statutes (1981). . . .

L. GELABERT, v. STATE, 407 So. 2d 1007 (Fla. Dist. Ct. App. 1981)

. . . (c) Attacking the character of the witness in accordance with the provisions of s. 90.609 or s. 90.610 . . . under 90.-608(l)(c) but limited to evidence of the witness’ reputation for untruthfulness by section 90.609 . . .

ANTONE, v. STATE, 382 So. 2d 1205 (Fla. 1980)

. . . . § 90.609, Fla.Stat. (Supp.1978). . . . .