Florida Statute 90.704 | Lawyer Caselaw & Research

The 2024 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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F.S. 90.704 on Casetext

Amendments to 90.704

Arrestable Offenses / Crimes under Fla. Stat. 90.704

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.704.

Annotations, Discussions, Cases:

Cases Citing Statute 90.704

Total Results: 20

SANDRA PEREZ CARBONELL v. CITIZENS PROPERTY INSURANCE CORPORATION

Court: District Court of Appeal of Florida | Date Filed: 2024-01-05

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2023-03-22

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

HECTOR ENRIQUE MOJICAPHIPPS vs STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-12-22

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

CARLOS VEGA v. SAFEPOINT INSURANCE COMPANY

Court: District Court of Appeal of Florida | Date Filed: 2021-08-18

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

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

Court: District Court of Appeal of Florida | Date Filed: 2021-01-27

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

JABARI KEMP v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-07-31

Snippet: adopted “the amendments to sections 90.702 and 90.704 of the Florida Evidence Code made by chapter 2013-107

Teresita De Jesus Abreu v. Riverland Elementary School and Broward County etc.

Court: District Court of Appeal of Florida | Date Filed: 2019-06-18

Snippet: adopting the Daubert amendments to sections 90.702 and 90.704, Florida Statutes, under its exclusive rulemaking

In Re: Amendments to the Florida Evidence Code

Court: Supreme Court of Florida | Date Filed: 2019-05-23

Snippet: amended sections 90.702 (Testimony by experts) and 90.704 (Basis of opinion testimony by experts), Florida

RICHARD DELGADO-CRUZ v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-12-28

Citation: 262 So. 3d 244

Snippet: 3Although the legislature amended sections 90.702 and 90.704, Florida Statutes (2013), to replace the Frye test

Crown Diversified Industries Corp. and Liberty Mutual etc. v. Eileen Prendiville

Court: District Court of Appeal of Florida | Date Filed: 2018-12-10

Citation: 263 So. 3d 103

Snippet: evidentiary requirements set forth in sections 90.704 and 440.09(1). Section 440.02(1), Florida Statutes

Northrop Grumman Sys. Corp. v. Britt

Court: District Court of Appeal of Florida | Date Filed: 2017-09-06

Citation: 241 So. 3d 208

Snippet: Florida Evidence Code (amending sections 90.702 and 90.704, Florida Statutes (2012) ) and the Florida Supreme

Northrop Grumman Systems Corp., Etc. v. Britt

Court: District Court of Appeal of Florida | Date Filed: 2017-09-06

Citation: 226 So. 3d 1059, 2017 WL 3879978, 2017 Fla. App. LEXIS 12834

Snippet: Florida Evidence Code (amending sections 90.702 and 90.704, Florida Statutes (2012)) and the Florida Supreme

In re Amendments to the Florida Evidence Code

Court: Supreme Court of Florida | Date Filed: 2017-02-16

Citation: 210 So. 3d 1231

Snippet: amended sections 90.702 (Testimony by experts) and 90.704 (Basis of opinion testimony by experts), Florida

In Re: Amendments to the Florida Evidence Code

Court: Supreme Court of Florida | Date Filed: 2017-02-16

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

Snippet: amended sections 90.702 (Testimony by experts) and 90.704 (Basis of opinion testimony by experts), Florida

Tavares David Calloway v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2017-01-26

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

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

Doctors Company v. Plummer

Court: District Court of Appeal of Florida | Date Filed: 2017-01-20

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

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

Andrews v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-10-30

Citation: 181 So. 3d 526, 2015 Fla. App. LEXIS 16179, 2015 WL 6554510

Snippet: Florida Legislature amended sections 90.702 and 90.704 of the Florida Evidence Code, which replaced the

Rosario v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-08-28

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

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

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

Court: Supreme Court of Florida | Date Filed: 2015-05-07

Citation: 175 So. 3d 204

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

J.J. v. Agency for Persons with Disabilities

Court: District Court of Appeal of Florida | Date Filed: 2014-04-30

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

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