Florida Statute 90.701 - Full Text and Legal Analysis

The 2025 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.

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F.S. 90.701 on CourtListener

Amendments to 90.701

Annotations, Discussions, Cases:

Cases Citing Statute 90.701

Total Results: 87

Zack v. State

753 So. 2d 9, 2000 WL 14472

Supreme Court of Florida | Filed: Jan 6, 2000 | Docket: 466839

Cited 87 times | Published

his son." Lay opinion is proper pursuant to section 90.701, Florida Statutes (1995), when: (1) The witness

Floyd v. State

569 So. 2d 1225, 1990 WL 132928

Supreme Court of Florida | Filed: Sep 13, 1990 | Docket: 1190471

Cited 87 times | Published

special knowledge, skill, experience, or training. § 90.701(1), (2), Fla. Stat. (1983). Lay witness opinion

Gardner v. State

480 So. 2d 91, 10 Fla. L. Weekly 628

Supreme Court of Florida | Filed: Dec 12, 1985 | Docket: 2490528

Cited 55 times | Published

testimony does not mislead the trier of fact. § 90.701, Fla. Stat. (1983). The police officer who testified

Nardone v. State

798 So. 2d 870, 2001 WL 1359470

District Court of Appeal of Florida | Filed: Nov 7, 2001 | Docket: 1238844

Cited 51 times | Published

Nodine, 646 So.2d 746, 748 (Fla. 4th DCA 1994). Section 90.701, Florida Statutes (2000), provides that: If

Kight v. State

512 So. 2d 922, 12 Fla. L. Weekly 357

Supreme Court of Florida | Filed: Jul 9, 1987 | Docket: 1517310

Cited 46 times | Published

urging Kight to harm him was admissible under section 90.701, Florida Statutes (1985) because McGoogin was

Bolin v. State

41 So. 3d 151, 35 Fla. L. Weekly Supp. 386, 2010 Fla. LEXIS 1046, 2010 WL 2612348

Supreme Court of Florida | Filed: Jul 1, 2010 | Docket: 2399677

Cited 44 times | Published

conveyed what he saw without using the word blood. Section 90.701, Florida Statutes provides: If a witness is

Thorp v. State

777 So. 2d 385, 2000 WL 1707103

Supreme Court of Florida | Filed: Nov 16, 2000 | Docket: 1513944

Cited 28 times | Published

ed.). An exception to this rule is found in section 90.701, Florida Statutes, which permits a lay witness

Smith v. State

7 So. 3d 473, 2009 Fla. LEXIS 405, 2009 WL 702262

Supreme Court of Florida | Filed: Mar 19, 2009 | Docket: 1227181

Cited 25 times | Published

special knowledge, skill, experience, or training. § 90.701, Fla. Stat. (2005). Section 90.702 governs opinion

The Florida Bar v. Clement

662 So. 2d 690, 1995 WL 640166

Supreme Court of Florida | Filed: Nov 2, 1995 | Docket: 1711997

Cited 23 times | Published

conduct about which the witness is testifying. § 90.701, Fla. Stat. (1993); see also Cruse v. State, 588

Caruso v. State

645 So. 2d 389, 1994 WL 540716

Supreme Court of Florida | Filed: Oct 6, 1994 | Docket: 1223255

Cited 21 times | Published

been left for the jury to draw on its own. See § 90.701, Fla. Stat. (1987). However, under the circumstances

Lewek v. State

702 So. 2d 527, 1997 WL 656288

District Court of Appeal of Florida | Filed: Dec 24, 1997 | Docket: 460191

Cited 20 times | Published

personal perception rather than speculation. See § 90.701, Fla. Stat. (1995); Martinez v. State, 692 So

Hardie v. State

513 So. 2d 791, 12 Fla. L. Weekly 2416

District Court of Appeal of Florida | Filed: Oct 14, 1987 | Docket: 1295367

Cited 20 times | Published

testimony would be opinion evidence contrary to section 90.701, Florida Statutes (1985); the jury would have

McIntyre v. McIntyre

452 So. 2d 14

District Court of Appeal of Florida | Filed: Apr 18, 1984 | Docket: 474371

Cited 17 times | Published

testimony was not admissible as lay opinion under section 90.701 because, admittedly, it was not based upon

Bigham v. State

995 So. 2d 207, 2008 WL 2678052

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1684731

Cited 16 times | Published

was properly admitted under section 90.701, Florida Statutes. Section 90.701 requires a two-prong test

Holland v. State

916 So. 2d 750, 2005 WL 3005543

Supreme Court of Florida | Filed: Nov 10, 2005 | Docket: 2518538

Cited 15 times | Published

police experience. See Floyd, 569 So.2d at 1232; § 90.701, Fla. Stat. (2004). Therefore, defense counsel's

Ruffin v. State

549 So. 2d 250, 1989 WL 111527

District Court of Appeal of Florida | Filed: Sep 28, 1989 | Docket: 1373443

Cited 14 times | Published

expressly admissible under our current evidence code. § 90.701, Fla. Stat. (1987). This statute has been interpreted

Kinya v. Lifter, Inc.

489 So. 2d 92, 11 Fla. L. Weekly 993

District Court of Appeal of Florida | Filed: Apr 29, 1986 | Docket: 1528876

Cited 14 times | Published

Kennard v. State, 42 Fla. 581, 28 So. 858 (1900). Section 90.701, Fla. Stat. (1983), does not bar his testimony

Zwinge v. Hettinger

530 So. 2d 318, 1988 WL 67257

District Court of Appeal of Florida | Filed: Jul 1, 1988 | Docket: 1678146

Cited 12 times | Published

collision caused the Shattuck/Zwinge accident. Section 90.701(1), Florida Statutes (1985)[1], permits such

Cliff Berry, Inc. v. State

116 So. 3d 394, 2012 WL 10846, 2012 Fla. App. LEXIS 37

District Court of Appeal of Florida | Filed: Jan 4, 2012 | Docket: 60232350

Cited 11 times | Published

a proper matter of lay opinion testimony. See § 90.701, Fla. Stat. (2009); Murphy v. State, 642 So.2d

Bush v. State

809 So. 2d 107, 2002 WL 341790

District Court of Appeal of Florida | Filed: Mar 6, 2002 | Docket: 1722365

Cited 11 times | Published

perceptions upon which the opinion is based."); § 90.701, Florida Statutes (1999); see, e.g., Hixon v.

Reynolds v. State

99 So. 3d 459, 2012 WL 4449126

Supreme Court of Florida | Filed: Sep 27, 2012 | Docket: 60313013

Cited 9 times | Published

piece of metal would be shiny if recently cut.” Section 90.701, Florida Statutes (2011), provides: If a witness

State v. Cordia

564 So. 2d 601, 1990 WL 105518

District Court of Appeal of Florida | Filed: Jul 27, 1990 | Docket: 1689147

Cited 9 times | Published

The court agreed to exclude the witnesses. Section 90.701, Florida Statutes (1989), permits opinion testimony

Victorino v. State

127 So. 3d 478, 2013 WL 5567079

Supreme Court of Florida | Filed: Oct 10, 2013 | Docket: 60236730

Cited 8 times | Published

witness has personal knowledge of the matter” and section 90.701, Florida Statutes (2006), which sets out the

James Crystal Licenses, LLC v. Infinity Radio Inc.

43 So. 3d 68, 2010 Fla. App. LEXIS 6935, 2010 WL 1979139

District Court of Appeal of Florida | Filed: May 19, 2010 | Docket: 2401481

Cited 8 times | Published

departure constituted inadmissible hearsay. Section 90.701, Florida Statutes, requires a lay witness to

Bartlett v. State

993 So. 2d 157, 2008 WL 4722492

District Court of Appeal of Florida | Filed: Oct 29, 2008 | Docket: 1516286

Cited 8 times | Published

whether Appellant had acted in self-defense. Section 90.701, Fla. Stat. (2006), of the Florida Evidence

Bertram v. State

637 So. 2d 258, 1994 WL 169467

District Court of Appeal of Florida | Filed: Apr 6, 1994 | Docket: 1521503

Cited 8 times | Published

and Gardner was not qualified as an expert. See § 90.701, Fla. Stat. (1991). In Davis v. State, 569 So

Alexander v. State

627 So. 2d 35, 1993 WL 462759

District Court of Appeal of Florida | Filed: Nov 12, 1993 | Docket: 1752848

Cited 8 times | Published

be an accidental shooting." After reviewing section 90.701, Florida Statutes, the court ruled that it

Alvarez v. State

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

District Court of Appeal of Florida | Filed: Jan 22, 2014 | Docket: 60243272

Cited 7 times | Published

1994), where this court recognized that under section 90.701, Florida Statutes,6 lay witnesses, under certain

Andrews v. Tew by and Through Tew

512 So. 2d 276, 12 Fla. L. Weekly 2152

District Court of Appeal of Florida | Filed: Sep 4, 1987 | Docket: 473590

Cited 7 times | Published

the trier of fact in understanding the evidence. § 90.701, Florida Statutes (1985). Here, the expert's testimony

ARKHEEM J. LAMB v. STATE OF FLORIDA

246 So. 3d 400

District Court of Appeal of Florida | Filed: May 2, 2018 | Docket: 6383139

Cited 6 times | Published

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

Serrano v. State

15 So. 3d 629, 2009 Fla. App. LEXIS 7694, 2009 WL 1677545

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 1660461

Cited 6 times | Published

special knowledge, skill, experience, or training.” § 90.701(2), Fla. Stat. (2006). “Lay witness opinion testimony

Meus v. State

968 So. 2d 706, 2007 WL 4180869

District Court of Appeal of Florida | Filed: Nov 28, 2007 | Docket: 1498718

Cited 6 times | Published

until it had actually heard Mr. Otero's testimony. § 90.701(1), Fla. Stat. (2003); cf. Zwinge v. Hettinger

Essex v. State

917 So. 2d 953, 2005 WL 3478353

District Court of Appeal of Florida | Filed: Dec 21, 2005 | Docket: 1509424

Cited 6 times | Published

witnesses' descriptions was inadmissible pursuant to section 90.701(1), Florida Statutes (1997). The jury could

In Interest of JH

580 So. 2d 162, 1991 Fla. App. LEXIS 986, 1991 WL 15471

District Court of Appeal of Florida | Filed: Feb 13, 1991 | Docket: 1716846

Cited 6 times | Published

common street-level drug sale has occurred. See § 90.701(1)-(2), Fla. Stat. (1989). Any intelligent person

In Interest of JH

580 So. 2d 162, 1991 Fla. App. LEXIS 986, 1991 WL 15471

District Court of Appeal of Florida | Filed: Feb 13, 1991 | Docket: 1716846

Cited 6 times | Published

common street-level drug sale has occurred. See § 90.701(1)-(2), Fla. Stat. (1989). Any intelligent person

L.L. v. State

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

District Court of Appeal of Florida | Filed: Apr 6, 2016 | Docket: 60254465

Cited 5 times | Published

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

Kipp v. State

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

District Court of Appeal of Florida | Filed: Dec 18, 2013 | Docket: 60237195

Cited 5 times | Published

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

Hansen v. State

585 So. 2d 1056, 1991 WL 173019

District Court of Appeal of Florida | Filed: Sep 4, 1991 | Docket: 1688654

Cited 5 times | Published

her impressions of the defendant's behavior. See § 90.701(1), Fla. Stat. (1989) (lay opinion is proper where

Barnes v. State

415 So. 2d 1280

District Court of Appeal of Florida | Filed: May 12, 1982 | Docket: 1512970

Cited 5 times | Published

person or an object is admissible in evidence. Section 90.701, Florida Statutes (1979), allows opinions of

Rico Johnson v. State of Florida

252 So. 3d 1114

Supreme Court of Florida | Filed: Sep 6, 2018 | Docket: 7813520

Cited 4 times | Published

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

Fidelity Warranty Services, Inc. v. Firstate Insurance Holdings, Inc.

74 So. 3d 506, 2011 Fla. App. LEXIS 15739, 2011 WL 4577530

District Court of Appeal of Florida | Filed: Oct 5, 2011 | Docket: 2352100

Cited 4 times | Published

knowledge, skill, experience, or training." See § 90.701(2), Fla. Stat. (2008). Otherwise, a witness can

Szuba v. State

749 So. 2d 551, 2000 WL 24888

District Court of Appeal of Florida | Filed: Jan 14, 2000 | Docket: 1690432

Cited 4 times | Published

witnesses' descriptions was inadmissible pursuant to section 90.701(1), Florida Statutes (1997). The jury could

Stewart v. State

622 So. 2d 51, 1993 WL 261747

District Court of Appeal of Florida | Filed: Jul 16, 1993 | Docket: 1529038

Cited 4 times | Published

testimony does not mislead the trier of fact. § 90.701, Fla. Stat. (1983). The police officer who testified

Shiver v. State

564 So. 2d 1158, 1990 WL 98453

District Court of Appeal of Florida | Filed: Jul 10, 1990 | Docket: 1689009

Cited 4 times | Published

inadmissible opinion evidence from lay witnesses. Section 90.701, Florida Statutes, provides: If a witness is

Nationwide Mut. Fire Ins. Co. v. Vosburgh

480 So. 2d 140, 10 Fla. L. Weekly 2738

District Court of Appeal of Florida | Filed: Dec 11, 1985 | Docket: 1220599

Cited 4 times | Published

information furnished by a third party.[2] Section 90.701, Florida Statutes (1983), provides that a lay

Chesser v. State

30 So. 3d 625, 2010 Fla. App. LEXIS 3350, 2010 WL 935476

District Court of Appeal of Florida | Filed: Mar 17, 2010 | Docket: 414528

Cited 3 times | Published

2000). The exception to this rule set out in section 90.701, Florida Statutes (2006),[5] does not apply

Kolp v. State

932 So. 2d 1283, 2006 WL 1995286

District Court of Appeal of Florida | Filed: Jul 19, 2006 | Docket: 1285616

Cited 3 times | Published

that the testimony was not admissible under section 90.701, Florida Statutes (2005). In Fino v. Nodine

Herring v. State

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

District Court of Appeal of Florida | Filed: Jan 29, 2014 | Docket: 60238429

Cited 2 times | Published

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

Gonzales v. State

95 So. 3d 1002, 2012 WL 3587099, 2012 Fla. App. LEXIS 13906

District Court of Appeal of Florida | Filed: Aug 22, 2012 | Docket: 60311045

Cited 2 times | Published

the admission of Officer Aro-cha’s testimony. Section 90.701, Florida Statutes (2012), governs the opinion

Petit-Dos v. School Board of Broward County

2 So. 3d 1022, 2009 Fla. App. LEXIS 53, 2009 WL 30046

District Court of Appeal of Florida | Filed: Jan 7, 2009 | Docket: 60256687

Cited 2 times | Published

So.2d 746, 748 (Fla. 4th DCA 1994). However, section 90.701, Florida Statutes, provides that a lay witness

Miller v. State

934 So. 2d 580, 2006 WL 1999411

District Court of Appeal of Florida | Filed: Jul 19, 2006 | Docket: 1747642

Cited 2 times | Published

personally observed, and did not require expertise. § 90.701, Fla. Stat., (2005). The trial court did not abuse

Casa De Alabanza v. Bus Service, Inc.

669 So. 2d 338, 1996 Fla. App. LEXIS 2306, 1996 WL 106426

District Court of Appeal of Florida | Filed: Mar 13, 1996 | Docket: 1526188

Cited 2 times | Published

expert witness to convey this information. See § 90.701(1), (2), Fla.Stat. (1995). Reversed.

Fino v. Nodine

646 So. 2d 746, 1994 WL 440557

District Court of Appeal of Florida | Filed: Jan 18, 1995 | Docket: 1405197

Cited 2 times | Published

special knowledge, skill, experience, or training. § 90.701, Fla. Stat. (1991).[1] "Lay witness opinion testimony

Alan Lyndell Wade v. State of Florida

156 So. 3d 1004, 39 Fla. L. Weekly Supp. 757, 2014 Fla. LEXIS 3679, 2014 WL 6978020

Supreme Court of Florida | Filed: Dec 11, 2014 | Docket: 2613920

Cited 1 times | Published

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

Jones v. State

95 So. 3d 426, 2012 Fla. App. LEXIS 13550, 2012 WL 3326338

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60311231

Cited 1 times | Published

special knowledge, skill, experience, or training. § 90.701, Fla. Stat. (2009). As a general rule, lay witnesses

Mitchell v. State

611 So. 2d 1269, 1992 Fla. App. LEXIS 13845, 1992 WL 360959

District Court of Appeal of Florida | Filed: Dec 8, 1992 | Docket: 64693378

Cited 1 times | Published

which the defendant was driving directly at him. § 90.701(1), Fla.Stat. (1991); Floyd v. State, 569 So.2d

Somerville v. State

584 So. 2d 200, 1991 WL 156621

District Court of Appeal of Florida | Filed: Aug 15, 1991 | Docket: 466788

Cited 1 times | Published

based upon anything perceived by the witness. Section 90.701, Fla. Stat. (1989). While Somerville's knowledge

Jones v. State

408 So. 2d 690, 1982 Fla. App. LEXIS 18913

District Court of Appeal of Florida | Filed: Jan 8, 1982 | Docket: 64587315

Cited 1 times | Published

are testifying. That rule is in harmony with section 90.701, Florida Statutes (1979), providing that non-expert

Camden James Stukins v. State of Florida

District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098981

Published

knowledge, skill, experience, or training. § 90.701, Fla. Stat. (2023). Thus, “[o]pinion testimony

Yury Malakhov v. the State of Florida

District Court of Appeal of Florida | Filed: Jan 2, 2025 | Docket: 69512402

Published

impairment based on their observations.”); see also § 90.701, Fla. Stat. (providing that “the [lay] witness’s

JUSTICE MICHAEL GURROLA vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 8, 2023 | Docket: 68034256

Published

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

ALPHONSO LUCAS v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 3, 2021 | Docket: 60695048

Published

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

District Court of Appeal of Florida | Filed: Oct 6, 2021 | Docket: 60627047

Published

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

District Court of Appeal of Florida | Filed: Jul 15, 2020 | Docket: 17350915

Published

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

Charles Johnson v. State of Florida

254 So. 3d 617

District Court of Appeal of Florida | Filed: Aug 24, 2018 | Docket: 7740514

Published

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

Charles Johnson v. State of Florida

District Court of Appeal of Florida | Filed: Jun 18, 2018 | Docket: 7190144

Published

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

MARGARET SAJIUN v. DANIEL HERNANDEZ

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

District Court of Appeal of Florida | Filed: Aug 23, 2017 | Docket: 6142267

Published

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

Rico Johnson v. State

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

District Court of Appeal of Florida | Filed: Apr 7, 2017 | Docket: 4684538

Published

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

R.C. v. State

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

District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 60255371

Published

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

R.C. v. State

District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 3067226

Published

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

Quaknine v. State

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

District Court of Appeal of Florida | Filed: Apr 13, 2016 | Docket: 60254470

Published

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

L.L. v. State

District Court of Appeal of Florida | Filed: Apr 6, 2016 | Docket: 3051125

Published

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

Dallas Seymour v. State of Florida

187 So. 3d 356, 2016 Fla. App. LEXIS 4111, 2016 WL 1039158

District Court of Appeal of Florida | Filed: Mar 16, 2016 | Docket: 3044830

Published

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

Holland v. Tucker

854 F. Supp. 2d 1229, 2012 WL 1193294, 2012 U.S. Dist. LEXIS 46834

District Court, S.D. Florida | Filed: Apr 3, 2012 | Docket: 65980460

Published

police experience. See Floyd, 569 So.2d at 1232; § 90.701, Fla. Stat. (2004). Therefore, defense counsel’s

Bryant v. State

17 So. 3d 713, 2009 Fla. App. LEXIS 6894, 2009 WL 1531656

District Court of Appeal of Florida | Filed: Jun 3, 2009 | Docket: 1644770

Published

witness's testimony was admissible pursuant to section 90.701, Florida Statutes, and we cannot find the error

State v. Santiago

928 So. 2d 480, 2006 Fla. App. LEXIS 6812, 2006 WL 1222655

District Court of Appeal of Florida | Filed: May 5, 2006 | Docket: 64844571

Published

constituted improper speculation. We disagree. Section 90.701, Florida Statutes, allows an eyewitness to

Castro v. Brazeau

873 So. 2d 516, 2004 Fla. App. LEXIS 6969, 2004 WL 1103696

District Court of Appeal of Florida | Filed: May 19, 2004 | Docket: 64830686

Published

passenger was not qualified as an expert. See § 90.701(2), Fla. Stat. (permitting opinion testimony from

Martinez v. Vega

751 So. 2d 1268, 2000 Fla. App. LEXIS 2756, 2000 WL 276832

District Court of Appeal of Florida | Filed: Mar 15, 2000 | Docket: 64795377

Published

excitement caused by the event or condition. Section 90.701 Florida Statutes (1999) provides: Opinion testimony

Lee v. State

729 So. 2d 975, 1999 Fla. App. LEXIS 3316, 1999 WL 147234

District Court of Appeal of Florida | Filed: Mar 19, 1999 | Docket: 64787414

Published

or exclusion of lay opinion is governed by section 90.701, Florida Statutes. The statute allows a lay

D.R.C. v. State

670 So. 2d 1183, 1996 Fla. App. LEXIS 3362, 1996 WL 154216

District Court of Appeal of Florida | Filed: Apr 4, 1996 | Docket: 64763539

Published

allowed the officer to give a “lay” opinion. See § 90.701, Fla.Stat. (1993). The officer testified that

Eichelberger v. State

662 So. 2d 1025, 1995 Fla. App. LEXIS 12090, 1995 WL 681295

District Court of Appeal of Florida | Filed: Nov 17, 1995 | Docket: 64760138

Published

himself, it may have been admissible under section 90.701. A lay witness' testimony is admissible if

Somerville v. State

626 So. 2d 1070, 1993 Fla. App. LEXIS 11533, 1993 WL 462760

District Court of Appeal of Florida | Filed: Nov 12, 1993 | Docket: 64744075

Published

based upon anything perceived by the witness. Section 90.701, Fla.Stat. (1989). While Somerville’s knowledge

Duncan v. State

583 So. 2d 439, 1991 Fla. App. LEXIS 7926, 1991 WL 152508

District Court of Appeal of Florida | Filed: Aug 14, 1991 | Docket: 64660550

Published

opinions are permissible under the rules of evidence. § 90.701(1), Fla.Stat. (1989). Accordingly, we reverse

T.C. v. State

557 So. 2d 925, 1990 Fla. App. LEXIS 1406, 1990 WL 20387

District Court of Appeal of Florida | Filed: Mar 8, 1990 | Docket: 64648659

Published

opinion evidence and should not have been admitted. § 90.701, Fla.Stat. (1987). See Knight v. State, 512 So

Lawlor v. State

538 So. 2d 86, 14 Fla. L. Weekly 374, 1989 Fla. App. LEXIS 474, 1989 WL 8330

District Court of Appeal of Florida | Filed: Feb 7, 1989 | Docket: 64640335

Published

experience, skill or training is not required. Section 90.701, Florida Statutes. However, because the speed

Beck v. Gross

499 So. 2d 886, 12 Fla. L. Weekly 46, 1986 Fla. App. LEXIS 11097

District Court of Appeal of Florida | Filed: Dec 17, 1986 | Docket: 64623969

Published

excluded from the trial court’s consideration by section 90.701, Florida Statutes (1985). Beck’s son did not

Carabetta v. State

438 So. 2d 489, 1983 Fla. App. LEXIS 24445

District Court of Appeal of Florida | Filed: Sep 27, 1983 | Docket: 64599831

Published

U.S. 904, 83 S.Ct. 742, 9 L.Ed.2d 730 (1963); § 90.701, Fla.Stat. (1981); Harris v. State, 229 So.2d