Florida Statute 90.703 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.703

90.703 Opinion on ultimate issue.—Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it includes an ultimate issue to be decided by the trier of fact.

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

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Amendments to 90.703

Annotations, Discussions, Cases:

Cases Citing Statute 90.703

Total Results: 55

Glendening v. State

536 So. 2d 212, 57 U.S.L.W. 2391

Supreme Court of Florida | Filed: Dec 1, 1988 | Docket: 422176

Cited 84 times | Published

442 So.2d 1039 (Fla. 2d DCA 1983). Although section 90.703 would appear to permit such an opinion, such

Martinez v. State

761 So. 2d 1074, 2000 WL 766454

Supreme Court of Florida | Filed: Jun 15, 2000 | Docket: 1709329

Cited 66 times | Published

State, 193 So.2d 460, 463 (Fla. 2d DCA 1967). Section 90.703, Florida Statutes (1997), which provides that

Kruse v. State

483 So. 2d 1383, 11 Fla. L. Weekly 333

District Court of Appeal of Florida | Filed: Feb 5, 1986 | Docket: 455779

Cited 52 times | Published

view is also consistent with the provisions of section 90.703 of the evidence code, which provides that expert

Linn v. Fossum

946 So. 2d 1032, 2006 WL 3093186

Supreme Court of Florida | Filed: Nov 2, 2006 | Docket: 1771136

Cited 25 times | Published

ultimate issue to be decided by the trier of fact." § 90.703, Fla. Stat. (2005). In other words, the evidence

Town of Palm Beach v. Palm Beach County

460 So. 2d 879, 9 Fla. L. Weekly 448, 1984 Fla. LEXIS 3455

Supreme Court of Florida | Filed: Oct 18, 1984 | Docket: 1766345

Cited 23 times | Published

"real and substantial." Petitioners argue that section 90.703, Florida Statutes (1981), permits opinion testimony

3-M Corp.-McGhan Med. Reports v. Brown

475 So. 2d 994, 10 Fla. L. Weekly 2199

District Court of Appeal of Florida | Filed: Sep 19, 1985 | Docket: 1301861

Cited 18 times | Published

bruises and contusions on the victim's throat. Section 90.703 codifies this principle by providing that opinion

Bloodworth v. State

504 So. 2d 495, 12 Fla. L. Weekly 838

District Court of Appeal of Florida | Filed: Mar 24, 1987 | Docket: 453568

Cited 16 times | Published

err in allowing this opinion testimony. See Section 90.703, Florida Statutes[1]; Ferradas v. State, 434

Brim v. State

779 So. 2d 427, 2000 WL 1568741

District Court of Appeal of Florida | Filed: Oct 11, 2000 | Docket: 1521008

Cited 14 times | Published

literature upon which such experts regularly rely. See § 90.703-704, Fla. Stat. (1999). We do not believe it is

Guy v. Kight

431 So. 2d 653

District Court of Appeal of Florida | Filed: Apr 27, 1983 | Docket: 456115

Cited 13 times | Published

appellee's experts' opinions. Furthermore, Section 90.703, Florida Statutes (1981) provides that "[t]estimony

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

should have been admitted into evidence. Under section 90.703, Florida Statutes *324 (1985)[2], an expert

American Auto. Ass'n, Inc. v. Tehrani

508 So. 2d 365

District Court of Appeal of Florida | Filed: Jun 12, 1987 | Docket: 2449014

Cited 12 times | Published

the nature of the relationship is admissible. § 90.703, Fla. Stat.; Moles v. Gotti, 433 So.2d 1380 (Fla

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

1079 (Fla.2000) (explaining that although section 90.703 permits opinion testimony on an ultimate issue

Tetrault v. Fairchild

799 So. 2d 226, 2001 WL 844464

District Court of Appeal of Florida | Filed: Jul 24, 2001 | Docket: 1681671

Cited 10 times | Published

taking contingency fee cases such as this one? Section 90.703, Florida Statutes, provides that expert testimony

McLean v. State

754 So. 2d 176, 2000 WL 345774

District Court of Appeal of Florida | Filed: Apr 5, 2000 | Docket: 431309

Cited 10 times | Published

with the way a rape victim would act. Although section 90.703, Florida Statutes (1995), allows opinion testimony

FINR v. Marshall

943 So. 2d 976

District Court of Appeal of Florida | Filed: Dec 8, 2006 | Docket: 1526824

Cited 9 times | Published

The Martinez court explained that although section 90.703, Florida Statutes (1997)which provides that

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

ultimate issue to be decided by the trier of fact." § 90.703, Fla. Stat. (1989). The petition for writ of certiorari

Fridovich v. State

489 So. 2d 143, 11 Fla. L. Weekly 1219

District Court of Appeal of Florida | Filed: May 28, 1986 | Docket: 545549

Cited 9 times | Published

a fact in issue at the trial. In addition, section 90.703 permits the expert to offer an opinion on an

Sarno v. State

424 So. 2d 829

District Court of Appeal of Florida | Filed: Nov 9, 1982 | Docket: 1297033

Cited 9 times | Published

clearly render ultimate fact opinion admissible, § 90.703, Fla. Stat. (1979), its effective date of July

Lopez v. Cohen

406 So. 2d 1253

District Court of Appeal of Florida | Filed: Dec 9, 1981 | Docket: 1510058

Cited 9 times | Published

So. 321 (1938). Even prior to the adoption of § 90.703 of the Evidence Code, a witness was permitted

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

ultimate issue to be decided by the trier of fact." § 90.703, Fla. Stat. (2006). In asserting that the trial

Schneer v. Allstate Indem. Co.

767 So. 2d 485, 2000 WL 628247

District Court of Appeal of Florida | Filed: Oct 18, 2000 | Docket: 1661443

Cited 8 times | Published

695 So.2d 484, 485 (Fla. 3d DCA 1997). Under section 90.703 of Florida's Evidence Code, a witness is permitted

Ryder Truck Rental, Inc. v. Perez

715 So. 2d 289, 1998 Fla. App. LEXIS 6584, 1998 WL 299388

District Court of Appeal of Florida | Filed: Jun 10, 1998 | Docket: 1717035

Cited 8 times | Published

permanency of Perez' injuries. See generally section 90.703, Florida Statutes (1997); see also Ehrhardt

Gamble v. State

644 So. 2d 1376, 1994 WL 559630

District Court of Appeal of Florida | Filed: Oct 14, 1994 | Docket: 79015

Cited 8 times | Published

can be applied to the evidence at trial. *1378 § 90.703, Fla. Stat. (1991). The jury, however, was not

PALM BEACH CTY. v. Town of Palm Beach

426 So. 2d 1063

District Court of Appeal of Florida | Filed: Jan 26, 1983 | Docket: 1683653

Cited 8 times | Published

testimony in this regard. (We do not overlook Section 90.703, Florida Statutes (1981), in reaching this

Toyota of Pensacola v. Maines

558 So. 2d 1072, 1990 WL 28173

District Court of Appeal of Florida | Filed: Mar 16, 1990 | Docket: 1362824

Cited 7 times | Published

linked to the ultimate issue to be decided. See Section 90.703, Florida Statutes (1987). AFFIRMED. WIGGINTON

In Re Estate of Lenahan

511 So. 2d 365, 12 Fla. L. Weekly 1668

District Court of Appeal of Florida | Filed: Jul 10, 1987 | Docket: 1338301

Cited 6 times | Published

permitted to testify as to the conclusions of law. Section 90.703, Florida Statutes, provides as follows: 90

Mese v. State

824 So. 2d 908, 2002 WL 1332792

District Court of Appeal of Florida | Filed: Jun 19, 2002 | Docket: 1729491

Cited 5 times | Published

issue to be decided by the trier of fact, see section 90.703, Florida Statutes (2000), McFarland went far

Dinkens v. State

976 So. 2d 660, 2008 WL 657250

District Court of Appeal of Florida | Filed: Mar 13, 2008 | Docket: 1679871

Cited 4 times | Published

an expert witness may render such opinion. Section 90.703, Florida Statutes (2006), provides that "testimony

Chesnoff v. State

840 So. 2d 423, 2003 WL 1386708

District Court of Appeal of Florida | Filed: Mar 21, 2003 | Docket: 1748261

Cited 4 times | Published

an opinion on the ultimate issue in a case. Section 90.703, Florida Statutes (2001), provides: Testimony

Ivory v. State

821 So. 2d 1258, 2002 WL 1758224

District Court of Appeal of Florida | Filed: Jul 31, 2002 | Docket: 1657136

Cited 4 times | Published

testimony were both prejudicial error. We disagree. Section 90.703, Florida Statutes (2001), provides that "[t]estimony

County of Volusia v. Kemp

764 So. 2d 770, 2000 WL 966051

District Court of Appeal of Florida | Filed: Jul 14, 2000 | Docket: 470354

Cited 4 times | Published

an opinion on the ultimate issue in a case. See § 90.703, Fla. Stat. (1999); Town of Palm Beach. This rule

Hamilton v. State

696 So. 2d 914, 1997 WL 367676

District Court of Appeal of Florida | Filed: Jul 2, 1997 | Docket: 1696228

Cited 4 times | Published

sufficiency of the state's evidence. Although section 90.703, Florida Statutes (1995), provides that opinion

Eastern Airlines, Inc. v. King

561 So. 2d 1220, 1990 WL 49834

District Court of Appeal of Florida | Filed: Jun 26, 1990 | Docket: 1480602

Cited 4 times | Published

Corp. v. Silva, 476 So.2d 696 (Fla. 3d DCA 1985); § 90.703, Fla. Stat. (1987). Moreover, the trial court

Clark v. State

969 So. 2d 573, 2007 WL 4244230

District Court of Appeal of Florida | Filed: Dec 5, 2007 | Docket: 1726046

Cited 3 times | Published

reaches a conclusion on an ultimate issue. See § 90.703, Fla. Stat. (2003) ("Testimony in the form of

Reynolds v. State

837 So. 2d 1044, 2002 WL 31870163

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 1527451

Cited 3 times | Published

an opinion on the ultimate issue in a case. Section 90.703, Florida Statutes (1999) states: *1047 Testimony

City of Jacksonville v. Cook

765 So. 2d 289, 2000 WL 1180231

District Court of Appeal of Florida | Filed: Aug 22, 2000 | Docket: 1522963

Cited 3 times | Published

511 So.2d 365, 371 (Fla. 1st DCA 1987). See also § 90.703, Fla. Stat. (1997). On the first and major issue

Zecchino v. State

691 So. 2d 1197, 1997 WL 194717

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 1423836

Cited 3 times | Published

court explained in Glendening, "[a]lthough section 90.703 ["Opinion on Ultimate Issue"] would appear

Ruth v. State

610 So. 2d 9, 1992 WL 332629

District Court of Appeal of Florida | Filed: Nov 13, 1992 | Docket: 1734790

Cited 3 times | Published

distinction necessary. See Ehrhardt on Evidence, § 90.703 at 451 (West 1977). Otherwise, the trier of fact

Estate of Murray Ex Rel. Murray v. Delta Health Group, Inc.

30 So. 3d 576, 2010 Fla. App. LEXIS 1802, 2010 WL 565657

District Court of Appeal of Florida | Filed: Feb 19, 2010 | Docket: 1639346

Cited 2 times | Published

these questions. In addition, Guy relied on section 90.703, Florida Statutes (1981), which provided that

Falco v. Copeland

919 So. 2d 650, 2006 WL 176729

District Court of Appeal of Florida | Filed: Jan 26, 2006 | Docket: 1269774

Cited 2 times | Published

of this expert the court acknowledged that section 90.703, Florida Statutes, permits an expert opinion

State v. Sercey

825 So. 2d 959, 2002 WL 1307480

District Court of Appeal of Florida | Filed: Jun 17, 2002 | Docket: 1312222

Cited 2 times | Published

understanding the evidence presented in this trial. Section 90.703 provides: "Testimony in the form of an opinion

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

and only did so when directly asked. Although section 90.703, Florida Statutes (1991), permits opinion testimony

Gulf Power Co. v. Kay

493 So. 2d 1067, 11 Fla. L. Weekly 1893, 1986 Fla. App. LEXIS 9569

District Court of Appeal of Florida | Filed: Sep 3, 1986 | Docket: 1671736

Cited 2 times | Published

careful to properly apply the provisions of section 90.703, Florida Statutes (1983), that "testimony in

Monica A. Gutierrez, etc. v. Jose Luis Vargas, M.D., etc.

239 So. 3d 615

Supreme Court of Florida | Filed: Mar 22, 2018 | Docket: 6342213

Cited 1 times | Published

where such an opinion is helpful to the jury. § 90.703, Fla. Stat. (2017) (expert witness may give opinion

Bookhardt v. State

710 So. 2d 700, 1998 WL 211649

District Court of Appeal of Florida | Filed: May 1, 1998 | Docket: 1445345

Cited 1 times | Published

to a lay person in understanding the term. See § 90.703, Fla. Stat. See generally McMullen v. State, 23

Mootry v. Bethune-Cookman University, Inc.

186 So. 3d 15, 40 I.E.R. Cas. (BNA) 1760, 2016 Fla. App. LEXIS 312, 2016 WL 81680

District Court of Appeal of Florida | Filed: Jan 8, 2016 | Docket: 60253836

Published

McWatters v. State, 36 So.3d 613, 628 (Fla.2010). Section 90.703,. Florida Statutes (2013), provides: “Testimony

Sutton v. State

96 So. 3d 983, 2012 Fla. App. LEXIS 13334, 2012 WL 3237672

District Court of Appeal of Florida | Filed: Aug 10, 2012 | Docket: 60311616

Published

So.2d 601, 602 (Fla. 2d DCA 1990) (quoting section 90.703, Florida Statutes (1989), which is identical

Stokes v. Schindler Elevator Corp./Broadspire

60 So. 3d 1110, 2011 Fla. App. LEXIS 6601, 2011 WL 1744156

District Court of Appeal of Florida | Filed: May 9, 2011 | Docket: 60300061

Published

witness may testify in form of opinion); see also § 90.703, Fla. Stat. (providing expert testimony in form

Wakulla Commercial Fishermen's Ass'n v. Fish

951 So. 2d 8, 2007 Fla. App. LEXIS 1947, 2007 WL 431256

District Court of Appeal of Florida | Filed: Feb 2, 2007 | Docket: 64849675

Published

affirmed only by disregarding the mandate of section 90.703, Florida Statutes (2005), which provides: Opinion

J.E.W. v. State

770 So. 2d 299, 2000 Fla. App. LEXIS 14615, 2000 WL 1671402

District Court of Appeal of Florida | Filed: Nov 8, 2000 | Docket: 64801412

Published

admitted opinion testimony in violation of section 90.703, Florida Statutes (1999), however, the objection

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

skill, experience, or training. Further, as section 90.703 Florida Statutes (1999) provides: Opinion on

Holley v. First Guaranty Bank & Trust Co.

699 So. 2d 747, 1997 Fla. App. LEXIS 10004, 1997 WL 525224

District Court of Appeal of Florida | Filed: Aug 26, 1997 | Docket: 64775942

Published

predicate is laid for introduction of the testimony. § 90.703, Fla. Stat. (1993). Accordingly, we reverse as

Stinfil v. State

668 So. 2d 671, 1996 Fla. App. LEXIS 1623, 1996 WL 81779

District Court of Appeal of Florida | Filed: Feb 28, 1996 | Docket: 64762631

Published

442 So.2d 1039 (Fla. 2d DCA 1983). Although section 90.703 would appear to permit such an opinion, such

City of Cooper City v. PCH Corp.

496 So. 2d 843, 11 Fla. L. Weekly 2042, 1986 Fla. App. LEXIS 9783

District Court of Appeal of Florida | Filed: Sep 24, 1986 | Docket: 64622614

Published

on ordered refunds. Despite the wording of section 90.-703, Florida Statutes (1985), which allows opinion

Ferradas v. State

434 So. 2d 24, 1983 Fla. App. LEXIS 20865

District Court of Appeal of Florida | Filed: Jul 5, 1983 | Docket: 64598101

Published

consistent with forced sexual intercourse. See § 90.-703, Fla.Stat. (1981) (testimony in form of opinion