Florida Statutes

Fla. Stat. § 90.705 (2025)

Disclosure of facts or data underlying expert opinion.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 51 cases (1 in the last 5 years), 1981–2022 · leading case: Esty v. State, 642 So. 2d 1074 (Fla. 1994).

Sort: Relevance Newest Treatment

Esty v. State, 642 So. 2d 1074 (Fla. 1994). · cites it 10× “[7] Section 90.705, Florida Statutes (1991), provides: (1) Unless otherwise required by the court, an expert may testify in terms of opinion or inferences and give his reasons without prior disclosure of the underlying facts or data.”

Smith v. State, 28 So. 3d 838 (Fla. 2009). · cites it 4× “Vega's testimony and inquire as to the basis supporting his opinion, he could have done so through cross-examination, section 90.705(1), or voir dire examination, section 90.”

Rimmer v. State, 825 So. 2d 304 (Fla. 2002). · cites it 2× “Based on the record before us, the trial court did not err in permitting the State to inquire about appellant's prior criminal history.”

Duest v. State, 855 So. 2d 33 (Fla. 2003). · cites it 2× “1992); § 90.705(1), Fla. Stat.; and (4) in giving the jury death recommendation great weight while also independently weighing the aggravating and mitigating circumstances (issue 8), see Whitfield v.”

Doctors Co. v. State, Dept. of Ins., 940 So. 2d 466 (Fla. 1st DCA 2006). · cites it 5× “" Appellee objected to his expert opinion testimony based on section 90.705(2), Florida Statutes (2005).”

Jackson v. State, 648 So. 2d 85 (Fla. 1994). · cites it 2× “§ 90.705(1), Fla. Stat. (1991). However, there is no requirement that the facts or data underlying an expert opinion be admitted into evidence in order to establish the basis of the opinion.”

Centex-Rooney Const. Co., Inc. v. Martin Cnty., 706 So. 2d 20 (Fla. 4th DCA 1997). · cites it 4× “Moreover, section 90.705(1), Florida Statutes (1995), provides that: [u]nless 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.”

Carratelli v. State, 832 So. 2d 850 (Fla. 4th DCA 2002). · cites it 2× “Section 90.705(1), Florida Statutes (2001) allows an expert to "testify in terms of opinion or inferences .”

Smith v. State, 873 So. 2d 585 (Fla. 3d DCA 2004). · cites it 8× “See § 90.705, Fla. Stat. (2000). The petitioner sought a writ of certiorari in case no.”

Cox v. St. Josephs Hosp., 71 So. 3d 795 (Fla. 2011). · cites it 2× “See also § 90.705(2), Fla. Stat. (2010) (“If the party [against whom expert opinion testimony is offered] 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…”

Snelgrove v. State, 107 So. 3d 242 (Fla. 2012). · cites it 2× “); see also § 90.705(1), Fla. Stat. (2008) (“On cross-examination the expert shall be required to specify the [underlying] facts or data.”

Finkelstein v. Dep't of Transp., 656 So. 2d 921 (Fla. 1995). · cites it 4× “704, Florida Statutes (1993), and pass the test of section 90.705(2), Florida Statutes (1993).”

Show all 51 citing cases →

— 90.705(1) — 16 cases

Duest v. State, 855 So. 2d 33 (Fla. 2003). “1992); § 90.705(1), Fla. Stat.; and (4) in giving the jury death recommendation great weight while also independently weighing the aggravating and mitigating circumstances (issue 8), see Whitfield v.”

Jackson v. State, 648 So. 2d 85 (Fla. 1994). “§ 90.705(1), Fla. Stat. (1991). However, there is no requirement that the facts or data underlying an expert opinion be admitted into evidence in order to establish the basis of the opinion.”

Smith v. State, 28 So. 3d 838 (Fla. 2009). “Vega's testimony and inquire as to the basis supporting his opinion, he could have done so through cross-examination, section 90.705(1), or voir dire examination, section 90.”

Carratelli v. State, 832 So. 2d 850 (Fla. 4th DCA 2002). “Section 90.705(1), Florida Statutes (2001) allows an expert to "testify in terms of opinion or inferences .”

Snelgrove v. State, 107 So. 3d 242 (Fla. 2012). “); see also § 90.705(1), Fla. Stat. (2008) (“On cross-examination the expert shall be required to specify the [underlying] facts or data.”

— 90.705(2) — 18 cases

Esty v. State, 642 So. 2d 1074 (Fla. 1994). “[7] Section 90.705, Florida Statutes (1991), provides: (1) Unless otherwise required by the court, an expert may testify in terms of opinion or inferences and give his reasons without prior disclosure of the underlying facts or data.”

Doctors Co. v. State, Dept. of Ins., 940 So. 2d 466 (Fla. 1st DCA 2006). “" Appellee objected to his expert opinion testimony based on section 90.705(2), Florida Statutes (2005).”

Cox v. St. Josephs Hosp., 71 So. 3d 795 (Fla. 2011). “See also § 90.705(2), Fla. Stat. (2010) (“If the party [against whom expert opinion testimony is offered] 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…”

Finkelstein v. Dep't of Transp., 656 So. 2d 921 (Fla. 1995). “704, Florida Statutes (1993), and pass the test of section 90.705(2), Florida Statutes (1993).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.