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: Fla. Dist. Ct. App. | Date Filed: 2023-09-08T00:00:00-07:00

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

ALPHONSO LUCAS v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-03T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2021-10-06T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2020-07-15T00:53:00-07:00

Snippet: or training. § 90.701, Fla. Stat. (2019). The first sentence of section 90.701 makes clear that …2d 1225, 1231–32 (Fla. 1990)). However, section 90.701, Florida Statutes (2019), provides an exception… 541, 542– 43 (Fla. 1st DCA 1964)). Section 90.701 establishes two predicates for the admission of…special knowledge, skill, experience, or training.” § 90.701(1), (2), Fla. Stat. We have addressed the …testimony fell within the permissible bounds of section 90.701, Florida Statutes (2019). Indeed, the majority

Rico Johnson v. State of Florida

Court: Fla. | Date Filed: 2018-09-06T00:00:00-07:00

Citation: 252 So. 3d 1114

Snippet: knowledge, skill, experience, or training. § 90.701, Fla. Stat. When a witness is previously familiar…x27;s conclusion that in the context of section 90.701, Florida Statutes, a prior special familiarity

Charles Johnson v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-24T00:53:00-07:00

Snippet: Pharmaceuticals, Inc., 509 U.S. 579 (1993). Section 90.701, Florida Statutes, describes when lay witnesses… Diesel’s asserted abilities. But under section 90.701, Florida Statutes, the question is, first, was …The second question we must answer under section 90.701, Florida Statutes, is whether the officer’s testimony

Charles Johnson v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-18T00:53:00-07:00

ARKHEEM J. LAMB v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-02T00:00:00-07:00

Citation: 246 So. 3d 400

Snippet: , we will address it on the merits. Section 90.701, Florida Statutes (2016), states: If… 12 We recently examined section 90.701 to determine the circumstances when a court may

MARGARET SAJIUN v. DANIEL HERNANDEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-23T00:00:00-07:00

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…on what the witness has personally perceived. § 90.701, Fla. Stat. (1991); Nationwide Mut. Fire …original) (footnote omitted); see also § 90.701, Fla. Stat. (2015). . This court has recognized…what he has personally perceived. See § 90.701, Fla. Stat. (2015). The statute does not limit … admissible lay opinion testimony under Section 90.701 .because it was based on sufficient personal knowledge

Rico Johnson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-04-07T00:00:00-07:00

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…dissent also makes a vague assertion that section 90.701 and federal rule 701 have been “interpreted differently…” Because Evans does not mention either section 90.701 or any federal precedents, we assume the dissent…case. What this means in the context of section 90.701 is that, prior to trial, the identification witness

R.C. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-05-25T00:53:00-07:00

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

R.C. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-05-25T00:00:00-07:00

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

Quaknine v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-13T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2016-04-06T00:53:00-07:00

Snippet: Section 90.701. Section 90.701: Lay Opinion Testimony We begin with the text of Section 90.701, Florida…admissible as lay opinion testimony under Section 90.701, Florida Statutes. …Florida Statutes: 90.701. Opinion testimony of lay witnesses If a witness … 9 its federal counterpart, Section 90.701 forbids lay opinion testimony that requires “special…Federal Rules offers more guidance than does Section 90.701 because it specifies that lay opinion testimony

L.L. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-06T00:00:00-07:00

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

Snippet: Section 90.701. Section 90.701: Lay Opinion Testimony We begin with the text of Section 90.701, Florida…admissible as lay opinion testimony under Section 90.701, Florida Statutes. BACKGROUND This case is a …Florida Statutes: 90.701. Opinion testimony of lay witnesses If a witness is not testifying as an expert, …disagree. Similar to its federal counterpart, Section 90.701 forbids lay opinion testimony that requires “special…Federal Rules offers more guidance than does Section 90.701 because it specifies that lay opinion testimony

Dallas Seymour v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-16T00:00:00-07:00

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: Fla. | Date Filed: 2014-12-11T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2014-01-29T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2014-01-22T00:00:00-08:00

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… testimony was that of a lay person. .Section 90.701, Florida Statutes (2010), provides that a lay witness

Kipp v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-12-18T00:00:00-08:00

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