Florida Statutes

Fla. Stat. § 90.701 (2025)

Opinion testimony of lay witnesses.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 93 cases (8 in the last 5 years), 1982–2025 · leading case: L.L. v. State, 189 So. 3d 252 (Fla. 3d DCA 2016).

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L.L. v. State, 189 So. 3d 252 (Fla. 3d DCA 2016). · cites it 13× “Because the officer’s opinion was based on his personal knowledge and perception and resulted from a process of everyday reasoning, we hold that the officer’s opinion was admissible as lay opinion testimony under Section 90.701, Florida Statutes. BACKGROUND This case is a…”

Thorp v. State, 777 So. 2d 385 (Fla. 2000). · cites it 12× “§ 90.701, Fla. Stat. (1997); see also Kersey, 73 Fla.”

Bolin v. State, 41 So. 3d 151 (Fla. 2010). · cites it 4× “§ 90.701, Fla. Stat. (2001). Here, Ferns could have testified that he saw a red substance on the ground, but that would not have conveyed with equal accuracy that he saw what appeared to be blood.”

Bartlett v. State, 993 So. 2d 157 (Fla. 1st DCA 2008). · cites it 10× “Section 90.701, Fla. Stat. (2006), of the Florida Evidence Code states: 90.”

Bigham v. State, 995 So. 2d 207 (Fla. 2008). · cites it 5× “§ 90.701, Fla. Stat. (2005). We agree with the State that Mrs.”

Nardone v. State, 798 So. 2d 870 (Fla. 4th DCA 2001). · cites it 3× “Section 90.701, Florida Statutes (2000), provides that: If a witness is not testifying as an expert, the witness's testimony about what he perceives may be in the form of inference and opinion when: (1) The witness cannot readily, and with equal accuracy and adequacy,…”

Fino v. Nodine, 646 So. 2d 746 (Fla. 4th DCA 1995). · cites it 8× “§ 90.701, Fla. Stat. (1991). [1] "Lay witness opinion testimony is admissible if it is within the ken of an intelligent person with a degree of experience.”

Reynolds v. State, 99 So. 3d 459 (Fla. 2012). · cites it 4× “§ 90.701, Fla. Stat. (2011) (emphasis supplied).”

Rico Johnson v. State, 215 So. 3d 644 (Fla. 5th DCA 2017). · cites it 7× “Rather than authenticity, the evidentiary error in Evans involved section 90.701, Florida Statutes, which addresses the circumstances under which lay opinion testimony is admissible.”

Kight v. State, 512 So. 2d 922 (Fla. 1987). · cites it 4× “[3] Kight now argues that McGoogin's lay opinion that Hutto was urging Kight to harm him was admissible under section 90.701, Florida Statutes (1985) because McGoogin was merely testifying as to his perception of Hutto's words and actions.”

Margaret Sajiun v. Daniel Hernandez, 226 So. 3d 875 (Fla. 4th DCA 2017). · cites it 9× “§ 90.701, Fla. Stat. (1991). “Lay witness opinion testimony is admissible if it is within .”

Floyd v. State, 569 So. 2d 1225 (Fla. 1990). · cites it 3× “§ 90.701(1), (2), Fla. Stat. (1983). Lay witness opinion testimony is admissible if it is within the ken of an intelligent person with a degree of experience.”

Show all 93 citing cases →

— 90.701(1) — 13 cases

Bartlett v. State, 993 So. 2d 157 (Fla. 1st DCA 2008). “Section 90.701, Fla. Stat. (2006), of the Florida Evidence Code states: 90.”

Floyd v. State, 569 So. 2d 1225 (Fla. 1990). “§ 90.701(1), (2), Fla. Stat. (1983). Lay witness opinion testimony is admissible if it is within the ken of an intelligent person with a degree of experience.”

Essex v. State, 917 So. 2d 953 (Fla. 4th DCA 2005).

Meus v. State, 968 So. 2d 706 (Fla. 2d DCA 2007).

Zwinge v. Hettinger, 530 So. 2d 318 (Fla. 2d DCA 1988).

— 90.701(2) — 5 cases

Serrano v. State, 15 So. 3d 629 (Fla. 1st DCA 2009).

Fid. Warranty Servs., Inc. v. Firstate Ins. Holdings, Inc., 74 So. 3d 506 (Fla. 4th DCA 2011).

Bartlett v. State, 993 So. 2d 157 (Fla. 1st DCA 2008). “Section 90.701, Fla. Stat. (2006), of the Florida Evidence Code states: 90.”

Castro v. Brazeau, 873 So. 2d 516 (Fla. 4th DCA 2004).

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