Florida Statute 90.705 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.705

90.705 Disclosure of facts or data underlying expert opinion.—

(1) Unless otherwise required by the court, an expert may testify in terms of opinion or inferences and give reasons without prior disclosure of the underlying facts or data. On cross-examination the expert shall be required to specify the facts or data.

(2) Prior to the witness giving the opinion, a party against whom the opinion or inference is offered may conduct a voir dire examination of the witness directed to the underlying facts or data for the witness’s opinion. If the party establishes prima facie evidence that the expert does not have a sufficient basis for the opinion, the opinions and inferences of the expert are inadmissible unless the party offering the testimony establishes the underlying facts or data.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 496, ch. 95-147.

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Amendments to 90.705

Annotations, Discussions, Cases:

Cases Citing Statute 90.705

Total Results: 47

Charles William Proffitt v. Louie L. Wainwright, Secretary, Florida Department of Offender Rehabilitation

685 F.2d 1227

Court of Appeals for the Eleventh Circuit | Filed: Sep 17, 1982 | Docket: 595786

Cited 180 times | Published

cross-examination. See Fed.R.Evid. 705; Fla.Stat.Ann. § 90.705 (West 1979); Jones v. State, 289 So.2d 725, 727

Jackson v. State

648 So. 2d 85, 1994 WL 137914

Supreme Court of Florida | Filed: Oct 13, 1994 | Docket: 475408

Cited 149 times | Published

in its discretion may require such disclosure. § 90.705(1), Fla. Stat. (1991). However, there is no requirement

Rimmer v. State

825 So. 2d 304, 2002 WL 1430739

Supreme Court of Florida | Filed: Jul 3, 2002 | Docket: 2518351

Cited 62 times | Published

expert relied in formulating her opinion. See § 90.705, Fla. Stat. (2000) (providing that on cross-examination

Duest v. State

855 So. 2d 33, 2003 WL 21467248

Supreme Court of Florida | Filed: Jun 26, 2003 | Docket: 2525170

Cited 58 times | Published

Johnson v. State, 608 So.2d 4, 10-11 (Fla. 1992); § 90.705(1), Fla. Stat.; and (4) in giving the jury death

Husky Industries, Inc. v. Black

434 So. 2d 988

District Court of Appeal of Florida | Filed: Jul 6, 1983 | Docket: 1246433

Cited 33 times | Published

data, remains substantively the same. Thus, Section 90.705, Florida Statutes (1979), provides in pertinent

Esty v. State

642 So. 2d 1074, 1994 WL 416715

Supreme Court of Florida | Filed: Aug 11, 1994 | Docket: 549684

Cited 32 times | Published

identification expert without proper predicate under section 90.705(2), Florida Statutes (1991); 7) failure to

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

through cross-examination, section 90.705(1), or voir dire examination, section 90.705(2). See also Jackson

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

disclosing the disputed facts from Watts' sketch. Section 90.705(1), Florida Statutes (2001) allows an expert

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

known to the expert outside the courtroom. Section 90.705(1) permits the expert to testify without prior

Valle v. State

581 So. 2d 40, 1991 WL 66658

Supreme Court of Florida | Filed: May 2, 1991 | Docket: 356111

Cited 25 times | Published

Parker v. State, 476 So.2d 134 (Fla. 1985); see § 90.705, Fla. Stat. (1987). We also do not believe the

Centex-Rooney Const. Co., Inc. v. Martin County

706 So. 2d 20, 1997 WL 795198

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 1280440

Cited 23 times | Published

the amount of the County's damages. Moreover, section 90.705(1), Florida Statutes (1995), provides that:

Dandashi v. Fine

397 So. 2d 442

District Court of Appeal of Florida | Filed: Apr 28, 1981 | Docket: 1357697

Cited 16 times | Published

difficulties presented by hypothetical questions. Section 90.705 now permits the expert to render his opinion

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

him at or before trial. And, subsection 2 of Section 90.705 provides that before an expert witness gives

Attorney Ad Litem for DK v. Parents of DK

780 So. 2d 301, 2001 Fla. App. LEXIS 3473, 2001 WL 273834

District Court of Appeal of Florida | Filed: Mar 21, 2001 | Docket: 1708825

Cited 13 times | Published

access to the same records. Moreover, under section 90.705(1) an expert testifying to an opinion may be

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

Florida Statutes (1993), and pass the test of section 90.705(2), Florida Statutes (1993). An opinion as

Duest v. State

12 So. 3d 734, 34 Fla. L. Weekly Supp. 217, 2009 Fla. LEXIS 246, 2009 WL 395789

Supreme Court of Florida | Filed: Feb 19, 2009 | Docket: 1646874

Cited 10 times | Published

Johnson v. State, 608 So.2d 4, 10-11 (Fla.1992) and § 90.705(1), Fla. Stat.). In its order on the case management

Snelgrove v. State

107 So. 3d 242, 37 Fla. L. Weekly Supp. 303, 2012 WL 1345485, 2012 Fla. LEXIS 754

Supreme Court of Florida | Filed: Apr 19, 2012 | Docket: 60228645

Cited 9 times | Published

Florida Evidence § 702.5 (2011 ed.); see also § 90.705(1), Fla. Stat. (2008) (“On cross-examination the

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

or data need not be admissible in evidence. Section 90.705(1) provides: (1) Unless otherwise required

Stewart & Stevenson v. Westchester Ins.

804 So. 2d 584, 2002 Fla. App. LEXIS 288, 2002 WL 63670

District Court of Appeal of Florida | Filed: Jan 18, 2002 | Docket: 1699486

Cited 9 times | Published

motion and excluded S & S's expert testimony. Section 90.705(1) of the Florida Statutes (1999) provides

Sunbeam Television Corp. v. Mitzel

83 So. 3d 865, 2012 Fla. App. LEXIS 485, 114 Fair Empl. Prac. Cas. (BNA) 354, 2012 WL 126784

District Court of Appeal of Florida | Filed: Jan 18, 2012 | Docket: 60306518

Cited 8 times | Published

incomplete information is not admissible). Section 90.705 Florida Statutes (1989), states that if a “party

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

hearsay information on which the expert relied. Section 90.705, Florida Statutes (1987) provides: (1) Unless

Benson v. State

526 So. 2d 948, 1988 WL 48987

District Court of Appeal of Florida | Filed: May 20, 1988 | Docket: 1272608

Cited 7 times | Published

court erred in admitting into evidence under section 90.705, Florida Statutes (1985), their opinions regarding

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

objected to his expert opinion testimony based on section 90.705(2), Florida Statutes (2005). Appellee then

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

incomplete information is not admissible). Section 90.705 Florida Statutes (1989), states that if a "party

Newell v. Best SEC. Systems, Inc.

560 So. 2d 395, 1990 WL 54977

District Court of Appeal of Florida | Filed: May 2, 1990 | Docket: 1478038

Cited 6 times | Published

discretion in refusing to admit the testimony. § 90.705(2), Fla. Stat. (1987); Highlands Insurance Co

City of Hialeah v. Weatherford

466 So. 2d 1127, 10 Fla. L. Weekly 757

District Court of Appeal of Florida | Filed: Mar 19, 1985 | Docket: 438361

Cited 6 times | Published

jury verdict, we reject the city's argument. Section 90.705, Florida Statutes (1981) provides: Disclosure

GIW Southern Valve Co. v. Smith

471 So. 2d 81, 10 Fla. L. Weekly 1242, 1985 Fla. App. LEXIS 13957

District Court of Appeal of Florida | Filed: May 15, 1985 | Docket: 1397226

Cited 5 times | Published

the brain in the future. Plaintiff, citing section 90.705 of the Evidence Code, contends that it was

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

underlying data, as the Evidence Code permits. See § 90.705(1), Fla. Stat. (1989). The Code provides, however

Cox v. St. Josephs Hospital

71 So. 3d 795, 36 Fla. L. Weekly Supp. 357, 2011 Fla. LEXIS 1566, 2011 WL 2637421

Supreme Court of Florida | Filed: Jul 7, 2011 | Docket: 60303158

Cited 3 times | Published

causation in a medical negligence case. See also § 90.705(2), Fla. Stat. (2010) (“If the party [against

Damen v. State

793 So. 2d 106, 2001 WL 930004

District Court of Appeal of Florida | Filed: Aug 17, 2001 | Docket: 1266343

Cited 3 times | Published

drug's packaging. Finally, we recognize that section 90.705, Florida Statutes (1999), permits an expert

Carrier v. Ramsey

714 So. 2d 657, 1998 WL 429155

District Court of Appeal of Florida | Filed: Jul 31, 1998 | Docket: 1513802

Cited 3 times | Published

inferences of the expert are inadmissible...." § 90.705(2), Fla. Stat. (1997). Whether a witness possesses

MYRON EX REL. BROCK v. South Broward Hosp. Dist.

703 So. 2d 527, 1997 WL 794482

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 2548541

Cited 3 times | Published

dire as to the validity of his opinions. Under section 90.705, Florida Statutes (1993), an expert may testify

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

to do so as dictated by section 90.704, and section 90.705, Florida Statutes (1983), the trial court granted

City of Miami v. Harris

490 So. 2d 69

District Court of Appeal of Florida | Filed: Jun 3, 1986 | Docket: 1742958

Cited 3 times | Published

Black, 434 So.2d 988, 993 (Fla. 4th DCA 1983); § 90.705(2), Fla. Stat. (1983). The trial court did not

Hawker v. State

951 So. 2d 945, 2007 WL 675470

District Court of Appeal of Florida | Filed: Mar 7, 2007 | Docket: 1280693

Cited 2 times | Published

on cross-examination under Florida Statutes section 90.705(1).

Smith v. State

873 So. 2d 585, 2004 WL 1161722

District Court of Appeal of Florida | Filed: May 26, 2004 | Docket: 1732929

Cited 2 times | Published

the opinion of an opposing expert witness. See § 90.705, Fla. Stat. (2000). The petitioner sought a writ

Gore v. State

614 So. 2d 1111, 1992 WL 324882

District Court of Appeal of Florida | Filed: Nov 6, 1992 | Docket: 449328

Cited 2 times | Published

witness's opinion is covered by Florida Stat.Ann. section 90.705, which provides: 90.705 Disclosure of facts

CRICKET KATHLEEN TOOLE v. STATE OF FLORIDA

270 So. 3d 371

District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 14560240

Published

purposes.” (citation omitted)); see also FLA. STAT. § 90.705(2) (2014) (providing that if the defendant “establishes

Marcia Priscilla Rodrigues v. State

142 So. 3d 901, 2014 WL 2957498, 2014 Fla. App. LEXIS 10113

District Court of Appeal of Florida | Filed: Jul 2, 2014 | Docket: 237

Published

127 (Fla. 4th DCA 2006); see also § 90.705(1), Fla. Stat. (2007) (“On cross-examination the

Mitsubishi Motors Corp. v. LALIBERTE

52 So. 3d 31, 2010 Fla. App. LEXIS 19098, 2010 WL 5093140

District Court of Appeal of Florida | Filed: Dec 15, 2010 | Docket: 2407295

Published

examination of the expert under Florida Statute § 90.705(2) prior to the testimony. Rather than exclude

Special v. Baux

52 So. 3d 682, 2010 Fla. App. LEXIS 9114, 2010 WL 2523942

District Court of Appeal of Florida | Filed: Jun 23, 2010 | Docket: 60297836

Published

by law”). . § 90.401, Fla. Stat. (2009). .§ 90.705(1), Fla. Stat. (2009) ("On cross-examination the

Witchell v. Londono

707 So. 2d 796, 1998 Fla. App. LEXIS 1008, 1998 WL 44483

District Court of Appeal of Florida | Filed: Feb 6, 1998 | Docket: 64779691

Published

admissibility of expert opinion is governed by section 90.705, Florida Statutes, which provides: (1) Unless

Dolan v. Springlite Bottled Water Corp.

656 So. 2d 211, 1995 Fla. App. LEXIS 5598, 1995 WL 316549

District Court of Appeal of Florida | Filed: May 24, 1995 | Docket: 64757134

Published

materials and information supporting his opinions. § 90.705(2), Fla.Stat. (1991); Newell v. Best Sec. Sys

In the Interest of E.C.

582 So. 2d 1261, 1991 Fla. App. LEXIS 8282, 1991 WL 152035

District Court of Appeal of Florida | Filed: Aug 7, 1991 | Docket: 64660353

Published

PER CURIAM. AFFIRMED. Section 90.705, Florida Statutes; City of Hialeah v. Weatherford, 466 So.2d 1127

Sheldon Greene & Associates, Inc. v. Williams Island Associates

571 So. 2d 549, 1990 Fla. App. LEXIS 9522, 1990 WL 205888

District Court of Appeal of Florida | Filed: Dec 18, 1990 | Docket: 64655083

Published

DCA 1982), rev. denied, 426 So.2d 27 (Fla.1983); § 90.705(2), Fla.Stat. (1989). Affirmed.

Lopez v. State

478 So. 2d 1110, 10 Fla. L. Weekly 2524, 1985 Fla. App. LEXIS 16678

District Court of Appeal of Florida | Filed: Nov 12, 1985 | Docket: 64615721

Published

been excluded as premised upon insufficient data. § 90.705(2), Fla.Stat. (1983). The trial court has wide

Town of Orange Park v. Pope

459 So. 2d 418

District Court of Appeal of Florida | Filed: Nov 15, 1984 | Docket: 1683262

Published

their property is the testimony of Mr. Gaskin. Section 90.705(2), Florida Statutes (1983) provides: Prior