Florida Statutes

Fla. Stat. § 92.231 (2025)

Expert witnesses; fee.

✓ 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

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.

Notes of Decisions

Cited in 56 cases (8 in the last 5 years), 1980–2026 · leading case: Massey v. David, 979 So. 2d 931 (Fla. 2008).

Sort: Relevance Newest Treatment

Massey v. David, 979 So. 2d 931 (Fla. 2008). · cites it 15× “(1949); § 92.231, Fla. Stat. (2000). Nevertheless, due to the purely procedural *936 nature of section 57.”

Travieso v. Travieso, 474 So. 2d 1184 (Fla. 1985). · cites it 13× “Tallardy held that, pursuant to section 92.231, Florida Statutes (1981), expert witness fees may be taxed as costs for a lawyer who testifies as an expert regarding the value of a reasonable attorney's fee for counsel for one of the parties.”

Moakley v. Smallwood, 826 So. 2d 221 (Fla. 2002). · cites it 3× “Therefore, I would quash the district court's decision and remand with instructions that in this case the trial court's award of monetary sanctions be stricken. I would join in sending the issue of bad faith sanctions against lawyers to the rules committees.”

B & H Const. & Supply Co., Inc. v. Dist. Bd. of Trustess, Tallahassee Com. Coll. of Fla., 542 So. 2d 382 (Fla. 1st DCA 1989). · cites it 6× “TCC's third point on cross appeal is that the trial court should have awarded the additional fees and costs for services rendered by TCC's architect at the arbitration proceeding, pursuant to the contract and section 92.231, Florida Statutes (1987). [9] TCC contends that these…”

Murphy v. Tallardy, 422 So. 2d 1098 (Fla. 4th DCA 1982). · cites it 6× “The authority for allowing expert witness fees is contained in Section 92.231, Florida Statutes (1981), which provides: 92.”

Lana v. Assimakopoulos-Panuthos, 228 So. 3d 709 (Fla. 2d DCA 2017). · cites it 6× “In this appeal, Baskin argues for the first time that his judgment should be affirmed because he was entitled to the fee under section 92.231, Florida Statutes (2015). Notably, this was not the basis asserted for the award in Baskin’s “notice of intent” to seek a fee, nor was it…”

Thursby v. Reynolds Metals Co., 466 So. 2d 245 (Fla. 1st DCA 1985). · cites it 2× “We conclude that while here there was no specific evidence presented as to the actual hours each witness expended to prepare for his testimony, it was reasonable for the trial court, with knowledge of the length and the type of testimony given by each witness, to determine these…”

B & L Motors, Inc. v. Bignotti, 427 So. 2d 1070 (Fla. 2d DCA 1983). · cites it 2× “Appellee also cross-appeals the trial court's refusal to tax as costs the fees for attorney expert witnesses who testified at the hearing on attorney's fees. We affirm on this issue. We recognize that the Fourth District Court of Appeal, in a carefully reasoned opinion, recently…”

Est. of Cort v. Broward Cnty. Sheriff, 807 So. 2d 736 (Fla. 4th DCA 2002). · cites it 2× “(1949); § 92.231, Fla. Stat. (2000). Nevertheless, due to the purely procedural nature of section 57.”

Lafferty v. Lafferty, 413 So. 2d 170 (Fla. 2d DCA 1982). · cites it 2× “In reaching its decision, the court there relied upon section 92.231, Florida Statutes (1981), which is the only statute on the subject pertaining to civil actions.”

Powell v. Barnes, 629 So. 2d 185 (Fla. 5th DCA 1993). · cites it 2× “Accordingly, we reverse that portion of the contested cost judgment of 4,026.”

Bystrom v. Mut. of Omaha Ins., 566 So. 2d 351 (Fla. 3d DCA 1990). · cites it 6× “Appellant, Franklin Bystrom, the Dade County Property Appraiser, appeals a post-judgment order refusing to tax an expert witness fee as costs, pursuant to section 92.231, Florida Statutes (1989). We affirm.”

Show all 56 citing cases →

— 92.231(1) — 2 cases

Lee Cnty. v. Galaxy Fireworks, Inc., 698 So. 2d 1371 (Fla. 2d DCA 1997).

McCoy v. City of Alachua, 991 So. 2d 983 (Fla. 1st DCA 2008).

— 92.231(2) — 24 cases

Massey v. David, 979 So. 2d 931 (Fla. 2008). “(1949); § 92.231, Fla. Stat. (2000). Nevertheless, due to the purely procedural *936 nature of section 57.”

Thursby v. Reynolds Metals Co., 466 So. 2d 245 (Fla. 1st DCA 1985). “We conclude that while here there was no specific evidence presented as to the actual hours each witness expended to prepare for his testimony, it was reasonable for the trial court, with knowledge of the length and the type of testimony given by each witness, to determine these…”

Lana v. Assimakopoulos-Panuthos, 228 So. 3d 709 (Fla. 2d DCA 2017). “In this appeal, Baskin argues for the first time that his judgment should be affirmed because he was entitled to the fee under section 92.231, Florida Statutes (2015). Notably, this was not the basis asserted for the award in Baskin’s “notice of intent” to seek a fee, nor was it…”

Posner v. Flink, 393 So. 2d 1140 (Fla. 3d DCA 1981).

B & H Const. & Supply Co., Inc. v. Dist. Bd. of Trustess, Tallahassee Com. Coll. of Fla., 542 So. 2d 382 (Fla. 1st DCA 1989). “TCC's third point on cross appeal is that the trial court should have awarded the additional fees and costs for services rendered by TCC's architect at the arbitration proceeding, pursuant to the contract and section 92.231, Florida Statutes (1987). [9] TCC contends that these…”

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.