Florida Statute 92.231 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 92.231

Annotations, Discussions, Cases:

Cases Citing Statute 92.231

Total Results: 56

Moakley v. Smallwood

826 So. 2d 221, 2002 WL 276466

Supreme Court of Florida | Filed: Feb 28, 2002 | Docket: 1662815

Cited 79 times | Published

urges as an alternative basis for affirmance section 92.231, Florida Statutes (1997), which provides for

Travieso v. Travieso

474 So. 2d 1184, 10 Fla. L. Weekly 410

Supreme Court of Florida | Filed: Aug 22, 1985 | Docket: 1472562

Cited 41 times | Published

in Murphy v. Tallardy held that, pursuant to section 92.231, Florida Statutes (1981), expert witness fees

B & H Const. & Supply Co., Inc. v. Dist. Bd. of Trustess, Tallahassee Com. College of Fla.

542 So. 2d 382, 1989 WL 32657

District Court of Appeal of Florida | Filed: Apr 6, 1989 | Docket: 2517710

Cited 25 times | Published

arbitration proceeding, pursuant to the contract and section 92.231, Florida Statutes (1987).[9] TCC contends that

B & L MOTORS, INC. v. Bignotti

427 So. 2d 1070

District Court of Appeal of Florida | Filed: Mar 11, 1983 | Docket: 1648317

Cited 20 times | Published

done with any other expert witness pursuant to section 92.231, Florida Statutes (1981). Murphy v. Tallardy

Massey v. David

979 So. 2d 931, 2008 WL 878488

Supreme Court of Florida | Filed: Apr 3, 2008 | Docket: 1408031

Cited 17 times | Published

at least 1949. See § 90.231, Fla. Stat. (1949); § 92.231, Fla. Stat. (2000). Nevertheless, due to the purely

Lafferty v. Lafferty

413 So. 2d 170

District Court of Appeal of Florida | Filed: Apr 30, 1982 | Docket: 1702680

Cited 15 times | Published

reaching its decision, the court there relied upon section 92.231, Florida Statutes (1981), which is the only

Posner v. Flink

393 So. 2d 1140

District Court of Appeal of Florida | Filed: Feb 3, 1981 | Docket: 1372357

Cited 8 times | Published

abrogation of the court's statutory duty. See, § 92.231(2), Fla. Stat. (1979). In all litigation involving

Powell v. Barnes

629 So. 2d 185, 1993 WL 452149

District Court of Appeal of Florida | Filed: Nov 5, 1993 | Docket: 1264078

Cited 7 times | Published

recognized expert witnesses as provided by section 92.231, Florida Statutes (1991). Having been afforded

Thursby v. Reynolds Metals Co.

466 So. 2d 245

District Court of Appeal of Florida | Filed: Mar 6, 1985 | Docket: 438442

Cited 7 times | Published

magnitude as to indicate grossly excessive charges. Section 92.231(2), Florida Statutes (1983); Conboy v. City

KMS of Florida Corp. v. Magna Properties, Inc.

464 So. 2d 234, 10 Fla. L. Weekly 549, 1985 Fla. App. LEXIS 12725

District Court of Appeal of Florida | Filed: Feb 28, 1985 | Docket: 1661209

Cited 7 times | Published

and rejected in Junkas. The argument overlooks § 92.231, Florida Statutes (1983) which permits the award

Thellman v. Tropical Acres Steakhouse, Inc.

557 So. 2d 683, 1990 WL 23314

District Court of Appeal of Florida | Filed: Mar 7, 1990 | Docket: 409892

Cited 6 times | Published

witnesses for telephone conferences with counsel. See § 92.231, Fla. Stat. (1988); James P. Driscoll, Inc., v

CRITTENDEN ORANGE BLOSSOM v. Stone

492 So. 2d 1106, 11 Fla. L. Weekly 1629

District Court of Appeal of Florida | Filed: Jul 25, 1986 | Docket: 1486098

Cited 6 times | Published

construction of the expert witness fee statute, section 92.231, Florida Statutes (1983).[2] Upon our own independent

Murphy v. Tallardy

422 So. 2d 1098

District Court of Appeal of Florida | Filed: Dec 8, 1982 | Docket: 1739892

Cited 6 times | Published

allowing expert witness fees is contained in Section 92.231, Florida Statutes (1981), which provides: 92

Maass v. Christensen

447 So. 2d 1044

District Court of Appeal of Florida | Filed: Apr 11, 1984 | Docket: 798598

Cited 5 times | Published

00 for appellant's *1045 expert witness. See Section 92.231(2), Florida Statutes (1983); Murphy v. Tallardy

Kendall Racquetball Inv. v. GREEN COMP.

657 So. 2d 1187, 1995 WL 253943

District Court of Appeal of Florida | Filed: May 3, 1995 | Docket: 1514526

Cited 4 times | Published

expert witness fees and expenses pursuant to section 92.231, Florida Statutes (1993). As a second point

Sarasota County v. Burdette

524 So. 2d 1064, 1988 WL 32901

District Court of Appeal of Florida | Filed: Apr 15, 1988 | Docket: 1340844

Cited 4 times | Published

does not qualify as an expert witness under section 92.231, Florida Statutes (1985). The County also urges

Tuerk v. Allstate Insurance Company

498 So. 2d 504, 11 Fla. L. Weekly 2346

District Court of Appeal of Florida | Filed: Nov 12, 1986 | Docket: 1699796

Cited 4 times | Published

Travieso, 474 So.2d 1184 (Fla. 1985), and section 92.231, Florida Statutes (1985), have been met before

Straus v. MORTON PLANT HOSP. FOUND., INC.

478 So. 2d 472, 10 Fla. L. Weekly 2564

District Court of Appeal of Florida | Filed: Nov 13, 1985 | Docket: 1484775

Cited 4 times | Published

concur. NOTES [1] "We hold that pursuant to section 92.231, expert witness fees, at the discretion of

Mills v. Aronovitz

404 So. 2d 138

District Court of Appeal of Florida | Filed: Sep 8, 1981 | Docket: 1782101

Cited 4 times | Published

231 has been transferred, without change, to Section 92.231. Ch. 76-237, § 3, Laws of Fla. [3] The author

Rock v. Prairie Bldg. Solutions, Inc.

854 So. 2d 722, 2003 WL 21973371

District Court of Appeal of Florida | Filed: Aug 20, 2003 | Docket: 1459821

Cited 3 times | Published

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

Seminole County v. Chandrinos

816 So. 2d 1241, 2002 Fla. App. LEXIS 7634, 2002 WL 1072054

District Court of Appeal of Florida | Filed: May 31, 2002 | Docket: 1753510

Cited 3 times | Published

payment of a fee for a deposition). Additionally, section 92.231, Florida Statutes (1998) provides that any

Stokus v. Phillips

651 So. 2d 1244, 1995 WL 96813

District Court of Appeal of Florida | Filed: Mar 10, 1995 | Docket: 476644

Cited 3 times | Published

petition in the adversary proceeding. Pursuant to section 92.231, Florida Statutes (1991), expert witness fees

Bennett v. Morales

845 So. 2d 1002, 2003 WL 21203247

District Court of Appeal of Florida | Filed: May 23, 2003 | Docket: 1728745

Cited 2 times | Published

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

Estate of Cort v. Broward County Sheriff

807 So. 2d 736, 27 Fla. L. Weekly Fed. D 410

District Court of Appeal of Florida | Filed: Feb 13, 2002 | Docket: 1750784

Cited 2 times | Published

at least 1949. See § 90.231, Fla. Stat. (1949); § 92.231, Fla. Stat. (2000). Nevertheless, due to the purely

STATE, DEPT. OF TRANSP. v. Patel

768 So. 2d 1173, 2000 Fla. App. LEXIS 11739, 2000 WL 1299286

District Court of Appeal of Florida | Filed: Sep 15, 2000 | Docket: 526552

Cited 2 times | Published

who testified at the hearing, relying upon section 92.231, Florida Statutes (1997), and Stokus v. Phillips

Lee County v. Galaxy Fireworks, Inc.

698 So. 2d 1371, 1997 WL 575256

District Court of Appeal of Florida | Filed: Sep 17, 1997 | Docket: 434727

Cited 2 times | Published

Israel v. Lee, 470 So.2d 861 (Fla. 2d DCA 1985). Section 92.231(2), Florida Statutes (1995), permits expert

Bystrom v. Florida Rock Industries

513 So. 2d 742, 12 Fla. L. Weekly 2366

District Court of Appeal of Florida | Filed: Oct 6, 1987 | Docket: 1689546

Cited 2 times | Published

witness fee, set the fee at $250.00. Under section 92.231(2), Florida Statutes (1985), a trial judge

WA Doss & Sons, Inc. v. Barbato

487 So. 2d 377, 11 Fla. L. Weekly 935

District Court of Appeal of Florida | Filed: Apr 22, 1986 | Docket: 1797161

Cited 2 times | Published

shall be allowed an expert witness fee under Section 92.231, Florida Statutes (1983)[2], the majority distinguished

The Field Club, Inc. v. Alario

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

District Court of Appeal of Florida | Filed: Dec 9, 2015 | Docket: 3019482

Cited 1 times | Published

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

Bystrom v. Mutual of Omaha Ins.

566 So. 2d 351, 1990 Fla. App. LEXIS 6624, 1990 WL 126314

District Court of Appeal of Florida | Filed: Sep 4, 1990 | Docket: 1529141

Cited 1 times | Published

an expert witness fee as costs, pursuant to section 92.231, Florida Statutes (1989). We affirm. Appellee

Junkas v. Union Sun Homes, Inc.

412 So. 2d 52, 1982 Fla. App. LEXIS 19708

District Court of Appeal of Florida | Filed: Apr 7, 1982 | Docket: 64589054

Cited 1 times | Published

is a taxable cost under the circumstances. Section 92.231(2), Florida Statutes (1981), provides for the

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

District Court of Appeal of Florida | Filed: Jul 31, 2024 | Docket: 68999082

Published

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

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

District Court of Appeal of Florida | Filed: Apr 17, 2024 | Docket: 68444164

Published

Costs, 915 So. 2d 612, 616 (Fla. 2005); see also § 92.231(2), Fla. Stat. (2022) (“Any expert or skilled

Dale Echeverria v. Suzanne Trombino, Individually, etc.

District Court of Appeal of Florida | Filed: Mar 20, 2024 | Docket: 68357969

Published

LLC, 359 So. 3d 854, 854 (Fla. 3d DCA 2023). Section 92.231(2), Florida Statutes (2022), governs expert

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

District Court of Appeal of Florida | Filed: Apr 19, 2023 | Docket: 66673990

Published

1186 (Fla. 1985) (“We hold that pursuant to section 92.231, expert witness fees, at the discretion of

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

District Court of Appeal of Florida | Filed: Feb 8, 2023 | Docket: 66795929

Published

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

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

District Court of Appeal of Florida | Filed: Jun 1, 2022 | Docket: 63352047

Published

412 So. 2d 52, 53 (Fla. 5th DCA 1982). Section 92.231(2), Florida Statutes (2020), governs expert

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.

District Court of Appeal of Florida | Filed: Dec 22, 2021 | Docket: 61637696

Published

Cnty., 981 So. 2d 6, 10 (Fla. 4th DCA 2007). Section 92.231(2), Florida Statutes (2020), provides that

UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY v. RAGHUNATH DESHPANDE

District Court of Appeal of Florida | Filed: Nov 12, 2020 | Docket: 18620270

Published

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

Lana v. Assimakopoulos-Panuthos

228 So. 3d 709, 2017 WL 4764790

District Court of Appeal of Florida | Filed: Oct 20, 2017 | Docket: 6173163

Published

out, expert witness fees are taxed as costs. Section 92.231(2), Florida Statutes (2015), provides, in pertinent

Lana v. Assimakopoulous-Panuthos

District Court of Appeal of Florida | Filed: Jun 23, 2017 | Docket: 6079352

Published

out, expert witness fees are taxed as costs. Section 92.231(2), Florida Statutes (2015), provides, in pertinent

Colaizzo v. Office of Criminal Conflict & Civil Regional Counsel

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

District Court of Appeal of Florida | Filed: Mar 14, 2012 | Docket: 60306113

Published

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

McCoy v. City of Alachua

991 So. 2d 983, 2008 WL 4362601

District Court of Appeal of Florida | Filed: Sep 26, 2008 | Docket: 1401151

Published

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

Ago

Florida Attorney General Reports | Filed: Dec 15, 2003 | Docket: 3257660

Published

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

Briganti v. Townhouses of Venetian Park Homeowners Ass'n

755 So. 2d 186, 2000 Fla. App. LEXIS 4248, 2000 WL 368637

District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 64796611

Published

while addressing expert witness fees under section 92.231 of the Florida Statues, has previously stated

Seabrooks v. Winn Dixie Stores, Inc.

745 So. 2d 1039, 1999 Fla. App. LEXIS 14009, 1999 WL 965594

District Court of Appeal of Florida | Filed: Oct 25, 1999 | Docket: 64792665

Published

Fral-icker only) of the motions to tax costs. § 92.231(2), Fla. Stat. (reasonable expert witness fee

Keitel v. Keitel

701 So. 2d 413, 1997 Fla. App. LEXIS 12746, 1997 WL 699773

District Court of Appeal of Florida | Filed: Nov 12, 1997 | Docket: 64776744

Published

extension hearing and to liquidate the amount. See § 92.231, Fla. Stat. (1995). The witnesses were two of

W.S.M. v. Department of Health & Rehabilitative Services

692 So. 2d 246, 1997 Fla. App. LEXIS 4133, 1997 WL 193840

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 64772619

Published

seeks to recover are expert witness fees, which section 92.231, Florida Statutes (1993), provides “shall be

Siebert v. City of Vero Beach

555 So. 2d 983, 1990 Fla. App. LEXIS 517, 1990 WL 6560

District Court of Appeal of Florida | Filed: Jan 31, 1990 | Docket: 64647637

Published

Guidelines for Taxation of Costs in Civil Actions § 2; § 92.231, Fla. Stat. (1987); Caceres v. Physicians Protective

Avellone v. Mehta

544 So. 2d 1122, 14 Fla. L. Weekly 1446, 1989 Fla. App. LEXIS 3374, 1989 WL 62763

District Court of Appeal of Florida | Filed: Jun 13, 1989 | Docket: 64643151

Published

for Taxation of Costs in Civil Actions and section 92.231, Florida Statutes (1987), provide that the

Otis Elevator Co. v. Bryan

489 So. 2d 1189, 11 Fla. L. Weekly 1223

District Court of Appeal of Florida | Filed: May 30, 1986 | Docket: 545542

Published

plaintiff's expert at trial. This was proper under Section 92.231, Florida Statutes. AFFIRMED IN PART AND REVERSED

Straus v. Morton F. Plant Hospital Foundation, Inc.

478 So. 2d 472, 10 Fla. L. Weekly 2564, 1985 Fla. App. LEXIS 16731

District Court of Appeal of Florida | Filed: Nov 13, 1985 | Docket: 64615516

Published

FRANK, J., concur. . "We hold that pursuant to section 92.231, expert witness fees, at the discretion of

Ago

Florida Attorney General Reports | Filed: Oct 10, 1984 | Docket: 3258441

Published

public defender or court appointed counsel. Section 92.231(2), F.S., provides: Any expert or skilled

Engel v. Rigot

434 So. 2d 954, 1983 Fla. App. LEXIS 19581

District Court of Appeal of Florida | Filed: Jun 7, 1983 | Docket: 64598334

Published

to obtaining the presence of the witness. See § 92.231(2), Fla.Stat. (1981) (“Any expert or skilled witness

Ford Motor Co. v. Garrison

415 So. 2d 843, 1982 Fla. App. LEXIS 20337

District Court of Appeal of Florida | Filed: Jun 23, 1982 | Docket: 64590724

Published

find that this award cannot be upheld under Section 92.231, Florida Statutes, for the expert witness,

Burleson v. Brogdon

389 So. 2d 11, 1980 Fla. App. LEXIS 23193

District Court of Appeal of Florida | Filed: Oct 22, 1980 | Docket: 64578404

Published

connection, consideration must be given to Section 92.231, Florida Statutes (1979), relating to expert