Florida Statute 90.706 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.706

90.706 Authoritativeness of literature for use in cross-examination.—Statements of facts or opinions on a subject of science, art, or specialized knowledge contained in a published treatise, periodical, book, dissertation, pamphlet, or other writing may be used in cross-examination of an expert witness if the expert witness recognizes the author or the treatise, periodical, book, dissertation, pamphlet, or other writing to be authoritative, or, notwithstanding nonrecognition by the expert witness, if the trial court finds the author or the treatise, periodical, book, dissertation, pamphlet, or other writing to be authoritative and relevant to the subject matter.

History.—s. 18, ch. 78-361; s. 2, ch. 78-379.

F.S. 90.706 on Google Scholar

F.S. 90.706 on CourtListener

Amendments to 90.706

Annotations, Discussions, Cases:

Cases Citing Statute 90.706

Total Results: 37

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

technique at the trial stage is precluded by Section 90.706, Florida Statutes, from offering statements

Linn v. Fossum

946 So. 2d 1032, 2006 WL 3093186

Supreme Court of Florida | Filed: Nov 2, 2006 | Docket: 1771136

Cited 25 times | Published

authoritative can be used in cross-examination. See § 90.706, Fla. Stat.[2] Section 90.704, which was modeled

Hawthorne v. State

470 So. 2d 770, 10 Fla. L. Weekly 1406

District Court of Appeal of Florida | Filed: Jun 7, 1985 | Docket: 1676407

Cited 15 times | Published

substantive proof of an expert opinion, see section 90.706[7] (restricting the use of such literature

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

of "cross-examination" as that term is used in § 90.706. Stated another way, the use of the book was an

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

can be used on cross-examination of an expert. § 90.706, Fla. Stat. Consistent with Florida cases holding

Quarrel v. Minervini

510 So. 2d 977, 12 Fla. L. Weekly 1637

District Court of Appeal of Florida | Filed: Jul 7, 1987 | Docket: 1589054

Cited 9 times | Published

testimony of a physician on direct examination. § 90.706, Fla. Stat. (1985); Medina v. Variety Children's

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

referring to a medical journal article. Under section 90.706, authoritative publications can only be used

Medina v. Variety Children's Hospital

438 So. 2d 138

District Court of Appeal of Florida | Filed: Sep 20, 1983 | Docket: 1445901

Cited 8 times | Published

Mitchell, 407 So.2d 601 (Fla. 1st DCA 1981); see also § 90.706, Fla. Stat. (1981). Finally, at least as to defendant

Liberatore v. Kaufman

835 So. 2d 404, 2003 WL 244877

District Court of Appeal of Florida | Filed: Feb 5, 2003 | Docket: 1643090

Cited 7 times | Published

that a treatise agrees with their opinion. See § 90.706, Fla. Stat. (2000)[2]; Chorzelewski v. Drucker

Fravel v. Haughey

727 So. 2d 1033, 1999 WL 76059

District Court of Appeal of Florida | Filed: Feb 18, 1999 | Docket: 1438280

Cited 7 times | Published

failure to recognize the writing or the author. See § 90.706, Fla. Stat. (1995). In such situations, the trial

Donshik v. Sherman

861 So. 2d 53, 2003 WL 22083286

District Court of Appeal of Florida | Filed: Sep 10, 2003 | Docket: 462990

Cited 6 times | Published

otherwise violative of section 90.706 of the Florida Evidence Code. See § 90.706, Fla. Stat. (1987). This

Chorzelewski v. Drucker

546 So. 2d 1118, 1989 WL 73853

District Court of Appeal of Florida | Filed: Jul 7, 1989 | Docket: 1443151

Cited 6 times | Published

during his direct examination. It is clear that section 90.706, Florida Statutes (1987), permits introduction

Benjamin v. Tandem Healthcare, Inc.

93 So. 3d 1076, 2012 WL 2400880, 2012 Fla. App. LEXIS 10488

District Court of Appeal of Florida | Filed: Jun 27, 2012 | Docket: 60310426

Cited 5 times | Published

Fla. Stat. (2009). The Estate responded that section 90.706, Florida Statutes (2009)3, was dispositive

Oken v. Williams

23 So. 3d 140, 2009 Fla. App. LEXIS 14590, 2009 WL 3103853

District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 1180414

Cited 5 times | Published

as evidence, absent a party’s stipulation. Section 90.706, Florida Statutes (2007), the evidence rule

Chesterton v. Fisher

655 So. 2d 170, 1995 WL 296288

District Court of Appeal of Florida | Filed: May 17, 1995 | Docket: 1696856

Cited 5 times | Published

pathology expert, Dr. Gerrit Schepers, pursuant to Section 90.706, Florida Statutes (1993).[1] These articles

State of Florida Department of Corr. v. Andrew Junod

217 So. 3d 200, 2017 Fla. App. LEXIS 5231

District Court of Appeal of Florida | Filed: Apr 13, 2017 | Docket: 4685702

Cited 3 times | Published

opinions expressed in treatises authored by others. § 90.706, Fla. Stat.; Linn v. Fossum, 946 So

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

(even assuming its authenticity). Although section 90.706, Florida Statutes (2014), permits statements

Call v. Tirone

522 So. 2d 533, 1988 WL 26260

District Court of Appeal of Florida | Filed: Mar 29, 1988 | Docket: 1660911

Cited 3 times | Published

other expert testimony or by judicial notice. § 90.706, Fla. Stat. (1985); Hemingway v. Ochsner Clinic

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

407 So.2d 601, 602 (Fla. 1st DCA 1981); see also § 90.706, Fla. Stat. (2010) (providing that authoritative

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

407 So.2d 601, 602 (Fla. 1st DCA 1981); see also § 90.706, Fla. Stat. (2010) (providing that authoritative

Myron Ex Rel. Brock v. DOCTORS GENERAL HOSP.

704 So. 2d 1083

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 1706046

Cited 2 times | Published

evidence of the literature's authoritativeness. Section 90.706, Florida Statutes (1993), provides: Statements

Baker v. Niess

496 So. 2d 215, 11 Fla. L. Weekly 2225

District Court of Appeal of Florida | Filed: Oct 21, 1986 | Docket: 428564

Cited 2 times | Published

expert witness and so is admissible pursuant to Section 90.706, Florida Statutes. And third, they contend

PHILIP MORRIS USA INC., and R.J. REYNOLDS TOBACCO CO. v. ROSE POLLARI, etc

228 So. 3d 115

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145382

Cited 1 times | Published

with authoritative publications derives from section 90.706, Florida Statutes (2015), which allows the

Nationwide Mutual Fire Insurance Co. v. Darragh

95 So. 3d 897, 2012 WL 2051075, 2012 Fla. App. LEXIS 9201

District Court of Appeal of Florida | Filed: Jun 8, 2012 | Docket: 60311333

Cited 1 times | Published

cross-examination of an expert witness ....”§ 90.706, Fla. Stat. (2010). “Section 90.706 does not permit statements in

Caban v. State

9 So. 3d 50, 2009 Fla. App. LEXIS 2276, 2009 WL 722049

District Court of Appeal of Florida | Filed: Mar 20, 2009 | Docket: 1231851

Cited 1 times | Published

that this was improper impeachment. See e.g., § 90.706, Fla. Stat. (2007); Sanchez v. Nerys, 954 So.2d

State v. Diamond

553 So. 2d 1185, 1988 WL 86349

District Court of Appeal of Florida | Filed: Dec 28, 1989 | Docket: 1675668

Cited 1 times | Published

be impeached by the use of such literature. See § 90.706, Fla. Stat. (1987). Because I am of the view that

R.J. REYNOLDS TOBACCO COMPANY v. KENNETH GLOGER, etc.

District Court of Appeal of Florida | Filed: Feb 2, 2022 | Docket: 62646363

Published

they had attempted to make cigarettes safer. Section 90.706, Florida Statutes (2019) provides: Statements

McDuffie v. Uribe

133 So. 3d 947, 2012 WL 6602660, 2012 Fla. App. LEXIS 21721, 38 Fla. L. Weekly Fed. D 40

District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60238976

Published

the order below and remand for a new trial. See § 90.706, Florida Statutes (2011); Linn v. Fossum, 946

Department of Children & Family Services v. D.W.

946 So. 2d 620, 2007 Fla. App. LEXIS 171, 2007 WL 57566

District Court of Appeal of Florida | Filed: Jan 10, 2007 | Docket: 64848575

Published

testify regarding the contents of these articles. Section 90.706, Florida Statutes (2004), provides that statements

Phillip Morris, Inc. v. Janoff

901 So. 2d 141, 2004 Fla. App. LEXIS 15898, 2004 WL 2389915

District Court of Appeal of Florida | Filed: Oct 27, 2004 | Docket: 64837995

Published

the plaintiff moved in li-mine, pursuant to section 90.706, Florida Statutes (2002), to preclude the defense

Hargrove v. Howell

884 So. 2d 960, 2004 Fla. App. LEXIS 4573, 2004 WL 730846

District Court of Appeal of Florida | Filed: Apr 7, 2004 | Docket: 64833626

Published

during cross-examination of an expert under section 90.706, Florida Statutes, but may not be used to bolster

Whitfield v. State

859 So. 2d 529, 2003 Fla. App. LEXIS 15390, 2003 WL 22331090

District Court of Appeal of Florida | Filed: Oct 14, 2003 | Docket: 64826467

Published

regarding the trial court’s application of section 90.706, Florida Statutes (2001), to prevent the defense

Kirkpatrick v. Wolford

704 So. 2d 708, 1998 Fla. App. LEXIS 2, 1998 WL 2506

District Court of Appeal of Florida | Filed: Jan 2, 1998 | Docket: 64778368

Published

authoritative” is a higher standard than required by section 90.706 and that “the real question is whether they

Myron v. Doctors General Hospital, Ltd.

704 So. 2d 1083, 1997 Fla. App. LEXIS 14498

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 64778423

Published

evidence of the literature’s authoritativeness. Section 90.706, Florida Statutes (1993), provides: Statements

Orasan v. Agency for Health Care Administration, Board of Medicine

668 So. 2d 1062, 1996 Fla. App. LEXIS 1599, 1996 WL 82194

District Court of Appeal of Florida | Filed: Feb 28, 1996 | Docket: 64762745

Published

bolster the appellant’s own testimony under section 90.706, Florida Statutes. The hearing officer sustained

Green v. Goldberg

630 So. 2d 606, 1993 WL 517231

District Court of Appeal of Florida | Filed: Jan 26, 1994 | Docket: 418869

Published

Obstetricians and Gynecologists (ACOG) bulletin. Under section 90.706, Florida Statutes (1991), authoritative publications

Brown v. Crane, Phillips, Thomas & Metts, P.A.

585 So. 2d 947, 1991 Fla. App. LEXIS 2473, 1991 WL 38132

District Court of Appeal of Florida | Filed: Mar 22, 1991 | Docket: 64661558

Published

recognize any entire book as being authoritative. Section 90.706, Florida Statutes (1987) provides: Statements