Florida Statute 90.701 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.701

90.701 Opinion testimony of lay witnesses.—If a witness is not testifying as an expert, the witness’s testimony about what he or she perceived may be in the form of inference and opinion when:

(1) The witness cannot readily, and with equal accuracy and adequacy, communicate what he or she has perceived to the trier of fact without testifying in terms of inferences or opinions and the witness’s use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and

(2) The opinions and inferences do not require a special knowledge, skill, experience, or training.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 494, ch. 95-147.

F.S. 90.701 on Google Scholar

F.S. 90.701 on Casetext

Amendments to 90.701

Arrestable Offenses / Crimes under Fla. Stat. 90.701

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.701.

Annotations, Discussions, Cases:

Cases Citing Statute 90.701

Total Results: 20

JUSTICE MICHAEL GURROLA vs STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-09-08

Snippet: training. 5 § 90.701, Fla. Stat. (2021). “Lay witness opinion testimony

ALPHONSO LUCAS v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-11-03

Snippet: 547 n.1 (Fla. 3d DCA 2019) (same). See also § 90.701, Fla. Stat. (2019) (providing that a lay witness’

ALPHONSO LUCAS v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-10-06

Snippet: 547 n.1 (Fla. 3d DCA 2019) (same). See also § 90.701, Fla. Stat. (2019) (providing that a lay witness’

ANDREW WILLIAMS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-07-15

Snippet: 2d 1225, 1231–32 (Fla. 1990)). However, section 90.701, Florida Statutes (2019), provides an exception

Rico Johnson v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2018-09-06

Citation: 252 So. 3d 1114

Snippet: knowledge, skill, experience, or training. § 90.701, Fla. Stat. When a witness is previously familiar

Charles Johnson v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-08-24

Citation: 254 So. 3d 617

Snippet: Pharmaceuticals, Inc., 509 U.S. 579 (1993). Section 90.701, Florida Statutes, describes when lay witnesses

Charles Johnson v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2018-06-18

Snippet: Pharmaceuticals, Inc., 509 U.S. 579 (1993). Section 90.701, Florida Statutes, describes when lay witnesses

ARKHEEM J. LAMB v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-05-02

Citation: 246 So. 3d 400

Snippet: we will address it on the merits. Section 90.701, Florida Statutes (2016), states: If

MARGARET SAJIUN v. DANIEL HERNANDEZ

Court: District Court of Appeal of Florida | Date Filed: 2017-08-23

Citation: 226 So. 3d 875, 2017 Fla. App. LEXIS 12053

Snippet: knowledge, skill, experience, or training. § 90.701, Fla. Stat. (1991). “Lay witness opinion testimony

Rico Johnson v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-04-07

Citation: 215 So. 3d 644, 2017 WL 1304954, 2017 Fla. App. LEXIS 4776

Snippet: the evidentia-ry error in Evans involved section 90.701, Florida Statutes, which addresses the circumstances

R.C. v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-05-25

Citation: 192 So. 3d 606, 2016 WL 3003641, 2016 Fla. App. LEXIS 8106

Snippet: limitations on lay opinion testimony imposed by section 90.701, Florida Statutes and concluding that “[l]ay witness

R.C. v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-05-25

Snippet: limitations on lay opinion testimony imposed by section 90.701, Florida Statutes and concluding that "[l]ay

Quaknine v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-04-13

Citation: 189 So. 3d 290, 2016 WL 1445596, 2016 Fla. App. LEXIS 5619

Snippet: characteristics. We agree with the state. Section 90.701, Florida Statutes (2013), governs opinion testimony

L.L. v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-04-06

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

Snippet: admissible as lay opinion testimony under Section 90.701, Florida Statutes. BACKGROUND This case is a

L.L. v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-04-06

Snippet: admissible as lay opinion testimony under Section 90.701, Florida Statutes.

Dallas Seymour v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-03-16

Citation: 187 So. 3d 356, 2016 Fla. App. LEXIS 4111

Snippet: knowledge, skill, experience or training. § 90.701, Fla. Stat. (2013). “However, ‘[w]hen factual determinations

Alan Lyndell Wade v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2014-12-11

Citation: 156 So. 3d 1004, 39 Fla. L. Weekly Supp. 757, 2014 Fla. LEXIS 3679

Snippet: tape, is a permissible lay opinion under section 90.701, Florida Statutes (2007). In Reynolds v.

Herring v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-01-29

Citation: 132 So. 3d 342, 2014 WL 305012, 2014 Fla. App. LEXIS 1014

Snippet: special knowledge, skill, experience, or training. § 90.701, Fla. Stat. (2011). As the supreme court has explained:

Alvarez v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-01-22

Citation: 147 So. 3d 537, 2014 WL 223080, 2014 Fla. App. LEXIS 583

Snippet: where this court recognized that under section 90.701, Florida Statutes,6 lay witnesses, under certain

Kipp v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-12-18

Citation: 128 So. 3d 879, 2013 WL 6636944, 2013 Fla. App. LEXIS 19955

Snippet: Bran-dow was indeed testifying as an expert. See § 90.701, Fla. Stat. (2010) (providing that under certain