Florida Statute 92.231 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS

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F.S. 92.231

92.231 Expert witnesses; fee.—

(1) The term “expert witness” as used herein shall apply to any witness who offers himself or herself in the trial of any action as an expert witness or who is subpoenaed to testify in such capacity before a state attorney in the investigation of a criminal matter, or before a grand jury, and who is permitted by the court to qualify and testify as such, upon any matter pending before any court.

(2) Any expert or skilled witness who shall have testified in any cause shall be allowed a witness fee including the cost of any exhibits used by such witness in an amount agreed to by the parties, and the same shall be taxed as costs. In instances where services are provided for the state, including for state-paid private court-appointed counsel, payment from state funds shall be in accordance with standards adopted by the Legislature.

(3) In a criminal case in which the state or an indigent defendant requires the services of an expert witness whose opinion is relevant to the issues of the case, the expert witness shall be compensated in accordance with standards adopted by the Legislature.

History.—ss. 1, 2, ch. 25090, 1949; s. 19, ch. 29737, 1955; s. 1, ch. 59-201; s. 3, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 512, ch. 95-147; s. 78, ch. 2003-402; s. 37, ch. 2005-236.

Note.—Former s. 90.231.

F.S. 92.231 on Google Scholar

F.S. 92.231 on Casetext

Amendments to 92.231

Arrestable Offenses / Crimes under Fla. Stat. 92.231

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 92.231.

Annotations, Discussions, Cases:

Cases Citing Statute 92.231

Total Results: 20

Boca View Condominium Association, Inc. v. Eleanor Lepselter and Edward Lepselter

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-31T00:00:00-07:00

Snippet: 412 So. 2d 52, 53 (Fla. 5th DCA 1982)). Section 92.231(2), Florida Statutes (2023), governs expert witness

USAA Casualty Insurance Company v. Health Diagnostics of Fort Lauderdale, LLC, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-17T00:00:00-07:00

Snippet: Costs, 915 So. 2d 612, 616 (Fla. 2005); see also § 92.231(2), Fla. Stat. (2022) (“Any expert or skilled witness… (Fla. 1985) (“We hold that pursuant to section 92.231, expert witness fees, at the discretion of the

Dale Echeverria v. Suzanne Trombino, Individually, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-20T00:00:00-07:00

Snippet: 359 So. 3d 854, 854 (Fla. 3d DCA 2023). Section 92.231(2), Florida Statutes (2022), governs expert witness…tax her expert’s fee as a cost based upon section 92.231, Florida Statutes (2022). That statute covers the… wrote: We hold that pursuant to section 92.231, expert witness fees, at the discretion of

UNITED AUTOMOBILE INSURANCE COMPANY v. PATH MEDICAL, LLC, a/a/o CESAR SILVA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-04-19T00:53:00-07:00

Snippet: (Fla. 1985) (“We hold that pursuant to section 92.231, expert witness fees, at the discretion of the

UNITED AUTOMOBILE INSURANCE COMPANY v. MANUEL V. FEIJOO, M.D., AND MANUEL V. FEIJOO, M.D., P.A., A/A/O ERNESTO MORERA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-07T23:53:00-08:00

Snippet: . 2d at 1186 (“We hold that pursuant to section 92.231, expert witness fees, at the discretion of the

MARTIN E. O'BOYLE v. TOWN OF GULF STREAM

Court: Fla. Dist. Ct. App. | Date Filed: 2022-06-01T00:53:00-07:00

Snippet: So. 2d 52, 53 (Fla. 5th DCA 1982). Section 92.231(2), Florida Statutes (2020), governs expert witness… Although “some courts had modified [section 92.231] by judicial fiat to allow expert witness fees …our supreme court held that “pursuant to section 92.231, expert witness fees, at the discretion of the … App. II, § III.B. Consistent with section 92.231(2) and the Guidelines, the general rule in Florida… So. 3d 709, 716 (Fla. 2d DCA 2017) (“[S]ection 92.231(2) permits an award of an expert witness fee only

STEPHEN CHARLES FISCHER, as Trustee of the Dorothy L. Fischer Trust v. SUSAN ANN FISCHER, as Co-Trustee, etc. and SANDRA FISCHER FRASER, as Co-Trustee, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-12-21T23:53:00-08:00

Snippet: , 981 So. 2d 6, 10 (Fla. 4th DCA 2007). Section 92.231(2), Florida Statutes (2020), provides that “[a]

UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY v. RAGHUNATH DESHPANDE

Court: Fla. Dist. Ct. App. | Date Filed: 2020-11-11T23:53:00-08:00

Snippet: 10 DCA 1990); see § 92.231(2), Fla Stat. (2020); 12 Fla. Jur 2d Costs § 70

CITIZENS PROPERTY INSURANCE CORPORATION v. MEGHAN ANDERSON

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-13T23:53:00-08:00

Snippet: #39; fees and costs pursuant to sections 57.041, 92.231, and 627.428, Florida Statutes (2014). Following

Lana v. Assimakopoulos-Panuthos

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-20T00:00:00-07:00

Citation: 228 So. 3d 709

Snippet: expert witness fees are taxed as costs. Section 92.231(2), Florida Statutes (2015), provides, in pertinent…because he was entitled to the fee under section 92.231, Florida Statutes (2015). Notably, this was not… was it argued at the hearing. Further, section 92.231(2) permits an áward of an expert witness fee only…the sanctions hearing. Therefore, even if section 92.231(2) had been raised as a basis for the award in

Lana v. Assimakopoulous-Panuthos

Court: Fla. Dist. Ct. App. | Date Filed: 2017-06-23T00:53:00-07:00

Snippet: expert witness fees are taxed as costs. Section 92.231(2), Florida Statutes (2015), provides, in pertinent…because he was entitled to the fee under section 92.231, Florida Statutes (2015). Notably, this was not… was it argued at the hearing. Further, section 92.231(2) permits an award of an expert witness fee only… sanctions hearing. Therefore, even if section 92.231(2) had been raised as a basis for the award in

The Field Club, Inc. v. Alario

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-09T00:00:00-08:00

Citation: 180 So. 3d 1138, 2015 Fla. App. LEXIS 18376, 2015 WL 8290048

Snippet: injuries and their significance. See § 92.231(2), Fla. Stat. (2015) (“Any expert or skilled witness

Colaizzo v. Office of Criminal Conflict & Civil Regional Counsel

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-14T00:00:00-07:00

Citation: 82 So. 3d 195, 2012 WL 832629, 2012 Fla. App. LEXIS 4124

Snippet: So.2d 1359, 1361 (Fla. 4th DCA 1995)). Section 92.231(2), Florida Statutes (2008), provides that an expert

McCoy v. City of Alachua

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-26T00:53:00-07:00

Citation: 991 So. 2d 983

Snippet: for an expert witness who did not testify. See § 92.231(1)-(2), Fla. Stat. (2007) (defining an expert witness

Massey v. David

Court: Fla. | Date Filed: 2008-04-03T00:53:00-07:00

Citation: 979 So. 2d 931

Snippet: least 1949. See § 90.231, Fla. Stat. (1949); § 92.231, Fla. Stat. (2000). Nevertheless, due to the purely…expert witness fees as costs is located in section 92.231(2), Florida Statutes (2007), which provides, in…least 1949. See Cort, 807 So.2d at 738; see also § 92.231, Fla. Stat. (2006). In 1999, section 57.071(2) …rather, the substantive right was created in section 92.231(2). Thus, like the offer-of-judgment statute that…Rather, the express right was created in section 92.231(2), and this language in section 57.071(2) is merely

Ago

Court: Fla. Att'y Gen. | Date Filed: 2003-12-14T23:53:00-08:00

Snippet: to secure the attendance of witnesses.15 Section 92.231, Florida Statutes, which provides generally for

Rock v. Prairie Bldg. Solutions, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-08-20T00:00:00-07:00

Citation: 854 So. 2d 722

Snippet: the following: We hold that pursuant to section 92.231, expert witness fees, at the discretion of the

Bennett v. Morales

Court: Fla. Dist. Ct. App. | Date Filed: 2003-05-23T00:53:00-07:00

Citation: 845 So. 2d 1002

Snippet: whole or in part, at the trial. See also, section 92.231(2), which allows attorneys fees for "[a]ny

Seminole County v. Chandrinos

Court: Fla. Dist. Ct. App. | Date Filed: 2002-05-31T00:53:00-07:00

Citation: 816 So. 2d 1241

Snippet: a fee for a deposition). Additionally, section 92.231, Florida Statutes (1998) provides that any expert

Moakley v. Smallwood

Court: Fla. | Date Filed: 2002-02-28T00:00:00-08:00

Citation: 826 So. 2d 221

Snippet: as an alternative basis for affirmance section 92.231, Florida Statutes (1997), which provides for compensation…qualify and testify as such, as required by section 92.231. See Lee County v. Galaxy Fireworks, Inc., 698