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.

F.S. 90.704 on Google Scholar

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: Fla. Dist. Ct. App. | Date Filed: 2024-01-05T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2023-03-22T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2022-12-22T00:00:00-08:00

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

CARLOS VEGA v. SAFEPOINT INSURANCE COMPANY

Court: Fla. Dist. Ct. App. | Date Filed: 2021-08-18T00:53:00-07:00

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2021-01-26T23:53:00-08:00

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

JABARI KEMP v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-31T00:53:00-07:00

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-18T00:53:00-07:00

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: Fla. | Date Filed: 2019-05-23T00:53:00-07:00

Snippet: amended sections 90.702 (Testimony by experts) and 90.704 (Basis of opinion testimony by experts), Florida… -2- section 90.704 made by section 2 of chapter 2013-107.4 Therefore…107, section 2, Laws of Florida, amended section 90.704, Florida Statutes (2012), to read as follows: …we adopt the amendments to sections 90.702 and 90.704 of the Florida Evidence Code made by chapter 2013…of evidence and adopt the amendment to section 90.704 to the extent it is procedural. It is so

RICHARD DELGADO-CRUZ v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-27T23:53:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2018-12-09T23:53:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2017-09-06T00:00:00-07:00

Citation: 241 So. 3d 208

Snippet: Florida Evidence Code (amending sections 90.702 and 90.704, Florida Statutes (2012) ) and the Florida Supreme…Daubert and its codification in sections 90.702 and 90.704, the trial court in the present case discharged

Northrop Grumman Systems Corp., Etc. v. Britt

Court: Fla. Dist. Ct. App. | Date Filed: 2017-09-06T00:00:00-07:00

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…Daubert and its codification in sections 90.702 and 90.704, the trial court in the present case discharged

In re Amendments to the Florida Evidence Code

Court: Fla. | Date Filed: 2017-02-16T00:00:00-08:00

Citation: 210 So. 3d 1231

Snippet: amended sections 90.702 (Testimony by experts) and 90.704 (Basis of opinion testimony by experts), Florida… procedural, the changes to sections 90.702 and 90.704 of the Evidence Code made by the Daubert Amendment…The Daubert Amendment amended sections 90.702 and 90.704, Florida Statutes (2012), to change the standard…Laws of Fla. Next, the Legislature amended section 90.704 as follows: The facts or data upon which an expert

In Re: Amendments to the Florida Evidence Code

Court: Fla. | Date Filed: 2017-02-15T23:53:00-08:00

Tavares David Calloway v. State of Florida

Court: Fla. | Date Filed: 2017-01-26T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2017-01-20T00:00:00-08:00

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

Snippet: support the opinion expressed.” See § 90.704, Fla. Stat. (2014). Case 5D15-1963

Andrews v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-10-30T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2015-08-28T00:00:00-07:00

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…Supreme Court has specifically concluded that section 90.704 permits a medical expert to testify as to their… in Schoenwetter only addressed whether section 90.704 was violated; not whether the Confrontation Clause…Just because evidence is admissible under -section-90.704, like in Schoenwetter, does not mean that the evidence… to be admissible, it must satisfy both section 90.704 and the Confrontation Clause. Here, there was no

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

Court: Fla. | Date Filed: 2015-05-07T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2014-04-30T00:00:00-07:00

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