Florida Statute 90.704 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.704

90.704 Basis of opinion testimony by experts.—The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, the expert at or before the trial. If the facts or data are of a type reasonably relied upon by experts in the subject to support the opinion expressed, the facts or data need not be admissible in evidence. Facts or data that are otherwise inadmissible may not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert’s opinion substantially outweighs their prejudicial effect.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 495, ch. 95-147; s. 2, ch. 2013-107.

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Amendments to 90.704

Annotations, Discussions, Cases:

Cases Citing Statute 90.704

Total Results: 100

Jones v. Secretary, Florida Department of Corrections

834 F.3d 1299, 2016 U.S. App. LEXIS 15705, 2016 WL 4474677

Court of Appeals for the Eleventh Circuit | Filed: Aug 25, 2016 | Docket: 4416432

Cited 255 times | Published

personally observed.” (emphasis added)); Fla. Stat. § 90.704 (“The facts or data upon which an expert bases

Terry v. State

668 So. 2d 954, 1996 WL 2056

Supreme Court of Florida | Filed: Jan 4, 1996 | Docket: 1686964

Cited 247 times | Published

disclosed to the expert at or before the trial. § 90.704, Fla.Stat. (1993). Section 90.702 requires that

Alston v. State

723 So. 2d 148, 1998 WL 574303

Supreme Court of Florida | Filed: Sep 10, 1998 | Docket: 2527467

Cited 76 times | Published

antemortem dental records was permissible under section 90.704, Florida Statutes (1995).[15] Moreover, even

Geralds v. State

674 So. 2d 96, 1996 WL 73786

Supreme Court of Florida | Filed: Feb 22, 1996 | Docket: 380084

Cited 73 times | Published

disclosed to the expert at or before the trial. § 90.704, Fla.Stat. (1993); see Capehart v. State, 583

Robinson v. State

574 So. 2d 108, 1991 WL 6553

Supreme Court of Florida | Filed: Jan 15, 1991 | Docket: 1436672

Cited 45 times | Published

factor contributing to his diagnosis and opinion. § 90.704, Fla. Stat. (1983). However, Robinson's hearsay

Schoenwetter v. State

931 So. 2d 857, 2006 WL 1096646

Supreme Court of Florida | Filed: Apr 27, 2006 | Docket: 1522267

Cited 40 times | Published

be reversed absent a clear showing of error. Section 90.704, Florida Statutes (2000), provides that an

Anderson v. State

863 So. 2d 169, 2003 WL 22207892

Supreme Court of Florida | Filed: Sep 25, 2003 | Docket: 1728613

Cited 36 times | Published

disclosed to the expert at or before the trial. § 90.704, Fla. Stat. (1999). Section 90.702, Florida Statutes

Tavares David Calloway v. State of Florida

210 So. 3d 1160, 42 Fla. L. Weekly Supp. 45, 2017 WL 372058, 2017 Fla. LEXIS 192

Supreme Court of Florida | Filed: Jan 26, 2017 | Docket: 4574073

Cited 31 times | Published

developed from facts not in evidence before the jury. § 90.704, Fla. Stat. (1997). However, experts may not comment

Flanagan v. State

586 So. 2d 1085, 1991 WL 133574

District Court of Appeal of Florida | Filed: Oct 14, 1991 | Docket: 473454

Cited 28 times | Published

approach appears to be altogether consistent with Section 90.704, Florida Statutes (1985), permitting an expert

Capehart v. State

583 So. 2d 1009

Supreme Court of Florida | Filed: Jun 13, 1991 | Docket: 1284151

Cited 28 times | Published

lay a proper foundation for her testimony. Section 90.704, Florida Statutes (1987), provides that an

Smith v. State

28 So. 3d 838, 34 Fla. L. Weekly Supp. 681, 2009 Fla. LEXIS 2067, 2009 WL 4841038

Supreme Court of Florida | Filed: Dec 17, 2009 | Docket: 1652281

Cited 27 times | Published

if it can be applied to evidence at trial. Section 90.704, Florida Statutes (2005), further provides

Carratelli v. State

832 So. 2d 850, 2002 WL 31557194

District Court of Appeal of Florida | Filed: Nov 20, 2002 | Docket: 1700037

Cited 27 times | Published

properly admitted into evidence pursuant to section 90.704, Florida Statutes (2001) Florida courts have

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

by not granting his motion for a mistrial. Section 90.704, Florida Statutes (2007), permits an 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

reasonably relied upon by experts in the subject." § 90.704, Fla. Stat. (2005). We quash Linn and approve

Sikes v. Seaboard Coast Line R. Co.

429 So. 2d 1216

District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 1667487

Cited 25 times | Published

either not in evidence or that was inadmissible. Section 90.704, Florida Statutes, states: The facts or data

Evans v. State

808 So. 2d 92, 2001 WL 1585324

Supreme Court of Florida | Filed: Dec 13, 2001 | Docket: 1474375

Cited 24 times | Published

State, 723 So.2d 148 (Fla.1998)). Evidence Code section 90.704, Florida Statutes (2001), provides: "The facts

Lee v. State

854 So. 2d 709, 2003 WL 21946444

District Court of Appeal of Florida | Filed: Aug 15, 2003 | Docket: 1747436

Cited 19 times | Published

in the subject to support their opinions. See § 90.704, Fla. Stat. (1999); Riggins v. Mariner Boat Works

Pierce v. State

718 So. 2d 806, 1997 WL 227452

District Court of Appeal of Florida | Filed: May 7, 1997 | Docket: 466461

Cited 19 times | Published

need not themselves be admissible in evidence. § 90.704, Fla. Stat. (1995)(substantively identical to

Johnson v. State

478 So. 2d 885, 10 Fla. L. Weekly 2618

District Court of Appeal of Florida | Filed: Nov 26, 1985 | Docket: 1741520

Cited 18 times | Published

2d 725, 728-29 (Fla. 1974), or vitiated by Section 90.704, Florida Statutes (1983). The adjudication

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

allowing the study to come into evidence was Section 90.704, Florida Statutes, which allows materials contained

Bender v. State

472 So. 2d 1370, 10 Fla. L. Weekly 1842

District Court of Appeal of Florida | Filed: Jul 30, 1985 | Docket: 2548698

Cited 18 times | Published

facts or data need not be admissible in evidence." § 90.704, Fla. Stat. (1983). Thus, the hearsay rule poses

Dufour v. State

69 So. 3d 235, 2011 WL 320985

Supreme Court of Florida | Filed: Aug 25, 2011 | Docket: 2356258

Cited 16 times | Published

information which is not itself admissible, under section 90.704, Florida Statutes (2004), which provides: The

Bigham v. State

995 So. 2d 207, 2008 WL 2678052

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

Cited 16 times | Published

if those facts are not admissible themselves. § 90.704, Fla. Stat. (2005). Here, an expert on DNA analysis

Riggins v. Mariner Boat Works, Inc.

545 So. 2d 430, 1989 WL 64533

District Court of Appeal of Florida | Filed: Jun 14, 1989 | Docket: 1702839

Cited 16 times | Published

trial court permitted this testimony because section 90.704, Florida Statutes (1987), permits an expert

Dempsey v. Shell Oil Co.

589 So. 2d 373, 1991 WL 231855

District Court of Appeal of Florida | Filed: Nov 13, 1991 | Docket: 1441826

Cited 14 times | Published

evidence. As to data underlying an expert opinion, Section 90.704 states that the facts or data upon which an

Gray v. Russell Corp.

681 So. 2d 310, 1996 WL 587858

District Court of Appeal of Florida | Filed: Oct 15, 1996 | Docket: 1385176

Cited 13 times | Published

concern giving rise to an objection based on section 90.704, Florida Statutes, was the count of how many

STATE, DEPT. OF HEALTH v. Cox

627 So. 2d 1210, 1993 WL 496042

District Court of Appeal of Florida | Filed: Dec 1, 1993 | Docket: 2450219

Cited 12 times | Published

called to discuss or explain these reports. See § 90.704, Fla. Stat. (1991). Neither the trial court nor

Finkelstein v. Department of Transp.

656 So. 2d 921, 1995 WL 298925

Supreme Court of Florida | Filed: May 18, 1995 | Docket: 1283563

Cited 11 times | Published

experts in the field of real property valuation, section 90.704, Florida Statutes (1993), and pass the test

Bunyak v. Clyde J. Yancey & Sons Dairy, Inc.

438 So. 2d 891

District Court of Appeal of Florida | Filed: Sep 16, 1983 | Docket: 1247949

Cited 11 times | Published

regarding an expert opinion given by the geologist. Section 90.704, Florida Statutes (1981), states: The facts

TALLAHASSEE MEMORIAL, ETC. v. Mitchell

407 So. 2d 601

District Court of Appeal of Florida | Filed: Sep 24, 1981 | Docket: 467511

Cited 11 times | Published

right to actively participate in the trial. [2] § 90.704, Fla. Stat. (1979). [3] § 90.706, Fla. Stat.

Schwarz v. State

695 So. 2d 452, 1997 WL 291597

District Court of Appeal of Florida | Filed: Jun 4, 1997 | Docket: 1522070

Cited 10 times | Published

information which is not itself admissible, under section 90.704, Florida Statutes (1995), which provides: The

Johnson v. State

104 So. 3d 1010, 37 Fla. L. Weekly Supp. 665, 2012 WL 5439163, 2012 Fla. LEXIS 2276

Supreme Court of Florida | Filed: Nov 8, 2012 | Docket: 60227287

Cited 9 times | Published

Fossum, 946 So.2d 1032, 1036 (Fla.2006) (quoting § 90.704, Fla. Stat. (2005)).

Hayes v. Wal-Mart Stores, Inc.

933 So. 2d 124, 2006 Fla. App. LEXIS 8938, 2006 WL 1541057

District Court of Appeal of Florida | Filed: Jun 7, 2006 | Docket: 1308891

Cited 9 times | Published

Carlisle concerning Dr. Silverstein's report. Section 90.704, Florida Statutes (2005), provides: The facts

Maklakiewicz v. Berton

652 So. 2d 1208, 1995 WL 132346

District Court of Appeal of Florida | Filed: Mar 29, 1995 | Docket: 476177

Cited 9 times | Published

expert was based on the inadmissible evidence. Section 90.704, Florida Statutes (1993), does not "typically

Smithson v. VMS Realty, Inc.

536 So. 2d 260, 13 Fla. L. Weekly 2459, 1988 Fla. App. LEXIS 5035, 1988 WL 117586

District Court of Appeal of Florida | Filed: Nov 8, 1988 | Docket: 2553424

Cited 9 times | Published

Couvertier, 409 So.2d 1174 (Fla. 3d DCA 1982); § 90.704, Fla. Stat. (1985), the witness may not serve

Sarno v. State

424 So. 2d 829

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

Cited 9 times | Published

admissibility of the facts underlying that opinion. § 90.704, Fla. Stat. (1979). The order denying Riverol's

Flores v. Miami-Dade County

787 So. 2d 955, 2001 Fla. App. LEXIS 8068, 26 Fla. L. Weekly Fed. D 1471

District Court of Appeal of Florida | Filed: Jun 13, 2001 | Docket: 1745004

Cited 8 times | Published

properly overruled the hearsay objection. Under section 90.704, Florida Statutes (1999), "Experts may rely

Erwin v. Todd

699 So. 2d 275, 1997 WL 527676

District Court of Appeal of Florida | Filed: Aug 22, 1997 | Docket: 1693979

Cited 8 times | Published

medical records based on section 90.704, Florida Statutes (1995). Section 90.704 provides: 90.704 Basis

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

instruct the jury to find Gamble guilty as charged. § 90.704, Fla. Stat. (1991). The state improperly relied

Kurynka v. Tamarac Hosp. Corp., Inc.

542 So. 2d 412, 1989 WL 33947

District Court of Appeal of Florida | Filed: Apr 12, 1989 | Docket: 1515840

Cited 8 times | Published

Bender v. State, 472 So.2d 1370 (Fla.3d DCA 1985); § 90.704, Fla. Stat. However, an expert's testimony may

Kurynka v. Tamarac Hosp. Corp., Inc.

542 So. 2d 412, 1989 WL 33947

District Court of Appeal of Florida | Filed: Apr 12, 1989 | Docket: 1515840

Cited 8 times | Published

Bender v. State, 472 So.2d 1370 (Fla.3d DCA 1985); § 90.704, Fla. Stat. However, an expert's testimony may

Domino's Pizza v. Gibson

668 So. 2d 593, 1996 Fla. LEXIS 150, 1996 WL 73780

Supreme Court of Florida | Filed: Feb 22, 1996 | Docket: 2272886

Cited 7 times | Published

evidence or in determining a fact in issue. Section 90.704 further provides that facts or data relied

Department of Corrections v. Williams

549 So. 2d 1071, 1989 WL 104487

District Court of Appeal of Florida | Filed: Sep 14, 1989 | Docket: 1373533

Cited 7 times | Published

confined and could not be located to testify. Section 90.704, provides: The facts or data upon which an

Doctors Co. v. State, Dept. of Ins.

940 So. 2d 466, 31 Fla. L. Weekly Fed. D 2341

District Court of Appeal of Florida | Filed: Sep 13, 2006 | Docket: 1524102

Cited 6 times | Published

subject to support the opinion expressed." See § 90.704, Fla. Stat. (2005); Gray, 681 So.2d at 315-16

Davis v. Caterpillar, Inc.

787 So. 2d 894, 2001 WL 454675

District Court of Appeal of Florida | Filed: May 2, 2001 | Docket: 1496067

Cited 6 times | Published

disclosed to the expert at or before the trial. See § 90.704, Fla. Stat. (1999); see also Capehart v. State

Young-Chin v. City of Homestead

597 So. 2d 879, 1992 WL 73528

District Court of Appeal of Florida | Filed: Apr 14, 1992 | Docket: 1704577

Cited 6 times | Published

but which has not been admitted into evidence, § 90.704, Fla. Stat. (1989), contrary to defendants' assertions

50 State Security Service, Inc. v. Giangrandi

132 So. 3d 1128, 2013 WL 6212039, 2013 Fla. App. LEXIS 18916

District Court of Appeal of Florida | Filed: Nov 27, 2013 | Docket: 60238323

Cited 5 times | Published

be more probative than direct evidence.”). Section 90.704, Florida Statutes (2012), also specifically

Special v. Baux

79 So. 3d 755, 2011 Fla. App. LEXIS 18090, 2011 WL 5554531

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 2412998

Cited 5 times | Published

of fact that could bear on his opinion under section 90.704, Florida Statutes (2009). The plaintiff's cross

King v. Auto Supply of Jupiter, Inc.

917 So. 2d 1015, 2006 WL 20470

District Court of Appeal of Florida | Filed: Jan 5, 2006 | Docket: 447799

Cited 5 times | Published

attendant care, turns on a proper interpretation of section 90.704, Florida Statutes, and implicates de novo review

GV v. Department of Children and Families

795 So. 2d 1043, 2001 WL 1093027

District Court of Appeal of Florida | Filed: Sep 19, 2001 | Docket: 1252240

Cited 5 times | Published

matter because of the likelihood of recurrence. Section 90.704, Florida Statutes (1998), provides: The facts

Meyer v. Caruso

731 So. 2d 118, 1999 WL 235470

District Court of Appeal of Florida | Filed: Apr 21, 1999 | Docket: 1733808

Cited 5 times | Published

if it can be applied to evidence at trial." Section 90.704 adds that: "The facts or data upon which an

Pierce v. State

671 So. 2d 186, 1996 WL 106372

District Court of Appeal of Florida | Filed: Mar 13, 1996 | Docket: 1248138

Cited 5 times | Published

need not themselves be admissible in evidence. § 90.704, Fla. Stat. (1991). The reasonableness of the

PENINSULA FEDERAL S & L ASS'N v. DKH Properties, Ltd.

616 So. 2d 1070, 1993 WL 100651

District Court of Appeal of Florida | Filed: Apr 6, 1993 | Docket: 1726846

Cited 5 times | Published

testimony should not have been so limited. Under section 90.704, Florida Statutes (1991), "The facts or data

In re Amendments to the Florida Evidence Code

210 So. 3d 1231

Supreme Court of Florida | Filed: Feb 16, 2017 | Docket: 60294194

Cited 4 times | Published

Laws of Fla. Next, the Legislature amended section 90.704 as follows: The facts or data upon which an

J.J. v. Agency for Persons with Disabilities

174 So. 3d 372, 2014 WL 1696188, 2014 Fla. App. LEXIS 6256

District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60250419

Cited 4 times | Published

that might otherwise have been inadmissible. Section 90.704, Florida Statutes (2013), “Basis of Opinion

Davis v. State

121 So. 3d 462, 2013 WL 3334954

Supreme Court of Florida | Filed: Jul 8, 2013 | Docket: 60234437

Cited 4 times | Published

discretion in admitting Dr. Butts’ testimony. Section 90.704, Florida Statutes (2009), provides: The facts

Masters v. State

958 So. 2d 973, 2007 WL 1450915

District Court of Appeal of Florida | Filed: May 18, 2007 | Docket: 1414178

Cited 4 times | Published

reports in performing his evaluation under section 90.704, Masters failed to contest this exception to

General Motors Corp. v. McGee

837 So. 2d 1010

District Court of Appeal of Florida | Filed: Mar 5, 2003 | Docket: 1527516

Cited 4 times | Published

answer to the station wagon's design problems. Section 90.704, Florida Statutes (2001), provides that an

Marks v. Marks

576 So. 2d 859, 1991 WL 35290

District Court of Appeal of Florida | Filed: Mar 19, 1991 | Docket: 1669885

Cited 4 times | Published

long as the Evidence Code criteria are met. Section 90.704, Florida Statutes (1989), provides: The facts

Robinson v. Hunter

506 So. 2d 1106, 12 Fla. L. Weekly 1173

District Court of Appeal of Florida | Filed: May 6, 1987 | Docket: 1336827

Cited 4 times | Published

give his opinion. *1107 Florida Evidence Code § 90.704 specifically permits an expert to base an opinion

Gomez v. Couvertier

409 So. 2d 1174

District Court of Appeal of Florida | Filed: Feb 16, 1982 | Docket: 1525475

Cited 4 times | Published

work at the home. This point is without merit. Section 90.704, Fla. Stat. (1979) ("If the facts or data are

Doctors Company v. Plummer

210 So. 3d 711, 2017 Fla. App. LEXIS 599

District Court of Appeal of Florida | Filed: Jan 20, 2017 | Docket: 4578121

Cited 3 times | Published

support the opinion expressed.” See § 90.704, Fla. Stat. (2014).

Linn v. Fossum

894 So. 2d 974, 2004 WL 2330812

District Court of Appeal of Florida | Filed: Oct 18, 2004 | Docket: 1768465

Cited 3 times | Published

facts or data need not be admissible in evidence. § 90.704, Fla. Stat. (2003). The purpose of this section

Glenn v. State

824 So. 2d 1046, 2002 WL 2008171

District Court of Appeal of Florida | Filed: Sep 4, 2002 | Docket: 1435593

Cited 3 times | Published

narcotics to sell and simple possession" under section 90.704, Florida Statutes. Fuller was an eleven-year

First Union v. Goodwin Beach Partnership

644 So. 2d 1361, 1994 Fla. App. LEXIS 8865, 1994 WL 501294

District Court of Appeal of Florida | Filed: Sep 16, 1994 | Docket: 1248925

Cited 3 times | Published

appellees concluded their case. First Union cited section 90.704 of the Florida Evidence Code, which permits

Burnham v. State

497 So. 2d 904, 11 Fla. L. Weekly 2222

District Court of Appeal of Florida | Filed: Oct 15, 1986 | Docket: 1238937

Cited 3 times | Published

Bender v. State, 472 So.2d 1370 (Fla. 3d DCA 1985); § 90.704, Fla. Stat. (1983). A review of the discovery

Perez v. Bell South Telecommunications, Inc.

138 So. 3d 492, 2014 WL 1613654, 2014 Fla. App. LEXIS 5875

District Court of Appeal of Florida | Filed: Apr 23, 2014 | Docket: 60240683

Cited 2 times | Published

is further confirmed by an amendment made to section 90.704 of the Florida Statutes by the same chapter

Banmah v. State

87 So. 3d 101, 2012 WL 1414453, 2012 Fla. App. LEXIS 6372

District Court of Appeal of Florida | Filed: Apr 25, 2012 | Docket: 60307871

Cited 2 times | Published

documentation in the case). Capehart relied on section 90.704, Florida Statutes (1987), which provided that

Duss Ex Rel. Regions Bank v. Garcia

80 So. 3d 358, 2012 Fla. App. LEXIS 44, 2012 WL 28795

District Court of Appeal of Florida | Filed: Jan 6, 2012 | Docket: 2415441

Cited 2 times | Published

facts or data that are not admissible at trial. § 90.704, Fla. Stat. (2010). But the expert can neither

Vega v. State Farm Mutual Automobile

45 So. 3d 43, 2010 Fla. App. LEXIS 12375, 2010 WL 3269227

District Court of Appeal of Florida | Filed: Aug 20, 2010 | Docket: 2399642

Cited 2 times | Published

reasonably relied upon by experts in the field. Section 90.704, Florida Statutes (2009), makes this clear

DORBAD v. State

12 So. 3d 255, 2009 Fla. App. LEXIS 4448, 2009 WL 1272334

District Court of Appeal of Florida | Filed: May 11, 2009 | Docket: 1646912

Cited 2 times | Published

his testimony rather than its admissibility. Section 90.704, Florida Statutes (2006), governs the use of

Bunche v. State

5 So. 3d 38, 2009 Fla. App. LEXIS 1269, 2009 WL 383590

District Court of Appeal of Florida | Filed: Feb 18, 2009 | Docket: 1663754

Cited 2 times | Published

the subject to support the opinion expressed." § 90.704, Fla. Stat. However, "an expert may not testify

Jv v. Dept. of Children and Family Servs.

967 So. 2d 354, 2007 Fla. App. LEXIS 15916, 2007 WL 2935498

District Court of Appeal of Florida | Filed: Oct 10, 2007 | Docket: 1454104

Cited 2 times | Published

admissible in evidence.'" Id. at 1048 (quoting § 90.704, Fla. Stat. (1998)). J.V. argues, however, that

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

as alcohol and marijuana," and that "under Section 90.704, the facts or data relied upon by an expert

Barber v. State

576 So. 2d 825, 1991 WL 35439

District Court of Appeal of Florida | Filed: Mar 13, 1991 | Docket: 1669936

Cited 2 times | Published

ruled that this testimony was not admissible. Section 90.704, Florida Statutes (1987) provides that: [t]he

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

issue to be decided by the trier of fact," and section 90.704 relating to the basis of the opinion testimony

Hernandez v. Pino

482 So. 2d 450, 11 Fla. L. Weekly 209

District Court of Appeal of Florida | Filed: Jan 14, 1986 | Docket: 1769697

Cited 2 times | Published

1932). However, it should be noted that under § 90.704 the basis of an expert's testimony does not have

& SC13-706 Lamar Z. Brooks v. State of Florida and Lamar Z. Brooks v. Julie L. Jones, etc.

175 So. 3d 204

Supreme Court of Florida | Filed: May 7, 2015 | Docket: 2655276

Cited 1 times | Published

Id. at 1012. We held that under section 90.704, .Florida Statutes (1987), a medical examiner

V.C. v. State

63 So. 3d 831, 2011 Fla. App. LEXIS 7195, 2011 WL 1878004

District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 60301171

Cited 1 times | Published

briefly address V.C.’s first two arguments. Section 90.704, Florida Statutes (2009), provides that an

Cw v. Dept. of Children & Family Services

904 So. 2d 588, 2005 Fla. App. LEXIS 9208, 2005 WL 1398515

District Court of Appeal of Florida | Filed: Jun 15, 2005 | Docket: 1364840

Cited 1 times | Published

summary were unreliable and untrustworthy. Section 90.704, Florida Statutes (2004), provides that: If

SANDRA PEREZ CARBONELL v. CITIZENS PROPERTY INSURANCE CORPORATION

District Court of Appeal of Florida | Filed: Jan 5, 2024 | Docket: 68138182

Published

opine about sinkhole activity at the house. See § 90.704, Fla. Stat. (2017) ("The facts or data upon

Y.R., A CHILD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 22, 2023 | Docket: 67068640

Published

for appellee. PER CURIAM. Affirmed. See § 90.704, Fla. Stat. (2021) (“The facts or data upon which

HECTOR ENRIQUE MOJICAPHIPPS vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 22, 2022 | Docket: 68034889

Published

formulate their own opinions, pursuant to section 90.704, Florida Statutes (2021), here the witnesses

CARLOS VEGA v. SAFEPOINT INSURANCE COMPANY

District Court of Appeal of Florida | Filed: Aug 18, 2021 | Docket: 60199074

Published

before the trial” in order to form his opinions. § 90.704, Fla. Stat. (2020).

GAIL JOHNSON DAYES, etc. v. WERNER ENTERPRISES, INC.

District Court of Appeal of Florida | Filed: Jan 27, 2021 | Docket: 45653657

Published

outweighs their prejudicial effect. Fla. Evid. Code § 90.704 (emphasis added). While an expert may undoubtedly

In Re: Amendments to the Florida Evidence Code

Supreme Court of Florida | Filed: May 23, 2019 | Docket: 15665581

Published

-2- section 90.704 made by section 2 of chapter 2013-107.4 Therefore

In Re: Amendments to the Florida Evidence Code

210 So. 3d 1231, 42 Fla. L. Weekly Supp. 179, 2017 WL 633770, 2017 Fla. LEXIS 338

Supreme Court of Florida | Filed: Feb 16, 2017 | Docket: 4586140

Published

Laws of Fla. Next, the Legislature amended section 90.704 as follows: The facts or data

Rosario v. State

175 So. 3d 843, 2015 Fla. App. LEXIS 12848, 2015 WL 5051187

District Court of Appeal of Florida | Filed: Aug 28, 2015 | Docket: 60250673

Published

on inadmissible evidence. See § 90.704, Fla. Stat. (2013). Section 90.704, Florida Statutes, which governs

Coddington v. Nunez

151 So. 3d 445, 2013 WL 4734042, 2013 Fla. App. LEXIS 14140

District Court of Appeal of Florida | Filed: Sep 4, 2013 | Docket: 60244452

Published

the test to give his opinion .... ”); see also § 90.704 (“The facts or data upon which an expert bases

Tyrrell v. State

975 So. 2d 615, 2008 WL 582542

District Court of Appeal of Florida | Filed: Mar 5, 2008 | Docket: 1727275

Published

insufficient data for the proposed opinion. See § 90.704, Fla. Stat. (2007); Dozier v. Hodges, 849 So.2d

Ainsworth v. KLI, Inc.

967 So. 2d 296, 2007 Fla. App. LEXIS 15196, 2007 WL 2781035

District Court of Appeal of Florida | Filed: Sep 26, 2007 | Docket: 64852758

Published

drawn from facts supplied by other witnesses. § 90.704, Fla. Stat. (2006); Fridovich v. State, 489 So

Orpe v. Carnival Corp.

909 So. 2d 929, 2005 Fla. App. LEXIS 12010, 2005 WL 1812994

District Court of Appeal of Florida | Filed: Aug 3, 2005 | Docket: 64840215

Published

R., 429 So.2d 1216, 1222 (Fla. 1st DCA 1983); § 90.704, Fla. Stat. (2004).

Kloster Cruise, Ltd. v. Rentz

733 So. 2d 1102, 1999 Fla. App. LEXIS 6440, 1999 WL 312277

District Court of Appeal of Florida | Filed: May 19, 1999 | Docket: 64788471

Published

admissible even if the underlying data were not, see § 90.704, Fla. Stat. (1997), and defendant presented no

Dean Witter Reynolds, Inc. v. Cichon

692 So. 2d 313, 1997 Fla. App. LEXIS 4846, 1997 WL 216204

District Court of Appeal of Florida | Filed: May 2, 1997 | Docket: 64772654

Published

telephone quotes from insurance companies. Section 90.704, Florida Statutes (1995), permits an expert

Harrison v. Savers Federal Savings & Loan Ass'n

549 So. 2d 712, 14 Fla. L. Weekly 2215, 1989 Fla. App. LEXIS 5149, 1989 WL 109512

District Court of Appeal of Florida | Filed: Sep 20, 1989 | Docket: 64645260

Published

1983), review denied, 447 So.2d 885 (Fla.1984) (Section 90.704, Florida Statutes, does not permit an expert

Hungerford v. Mathews

511 So. 2d 1127, 12 Fla. L. Weekly 2177, 1987 Fla. App. LEXIS 10149

District Court of Appeal of Florida | Filed: Sep 9, 1987 | Docket: 64629084

Published

local expert doctor was also admissible under section 90.704, we note that this latter section states as

Williams v. State

431 So. 2d 314, 1983 Fla. App. LEXIS 29065

District Court of Appeal of Florida | Filed: May 17, 1983 | Docket: 64596980

Published

PER CURIAM. Affirmed. § 90.704, Fla.Stat. (1979); see Quinn v. Millard, 358 So.2d 1378 (Fla. 3d DCA

Bacon v. Norton

426 So. 2d 1284, 1983 Fla. App. LEXIS 20700

District Court of Appeal of Florida | Filed: Feb 16, 1983 | Docket: 64595175

Published

expert opinion testimony was appropriate under Section 90.704, Florida Statutes (1981). See: Dandashi v.

Spitler v. State

420 So. 2d 651, 1982 Fla. App. LEXIS 29077

District Court of Appeal of Florida | Filed: Oct 19, 1982 | Docket: 64592663

Published

1978), cert. denied, 367 So.2d 1124 (Fla.1979). § 90.704, Fla. Stat. (1981); Roberts v. State, 164 So.2d

Bartholf v. Westside Automotive, Inc.

410 So. 2d 956, 1982 Fla. App. LEXIS 19339

District Court of Appeal of Florida | Filed: Mar 1, 1982 | Docket: 64588383

Published

Medcalfe, 162 So.2d 910, 915 (Fla.3d DCA 1964). . § 90.704, Florida Statutes (1979). . 51 A.L.R.2d 1051-1082