Florida/Georgia Personal Injury & Workers Compensation

...mine. In its opinion, the district court held that Pettis could not use evidence of the officer's prior reprimands to impeach his character for truthfulness because the officer's character trait was not an essential element of the charge or defense. § 90.405(2), Fla....

...light on the defendant's state of mind; it shows only that the victim had a propensity for violence. See Taylor v. State, 513 So.2d 1371 (Fla. 2d DCA 1987). Although reputation evidence may be valid for that purpose, "specific act" evidence is not. § 90.405, Fla....

...air trial. Under section 90.609, Florida Statutes (1991), a party may attack the credibility of a person by introducing character evidence in the form of reputation provided that the evidence relates only to the person's reputation for truthfulness. Section 90.405 governs the type of evidence that may be used to prove reputation....

...relating to truthfulness. (2) Evidence of a truthful character is admissible only after the character of the witness for truthfulness has been attacked by reputation evidence. As a predicate to the introduction of such reputation evidence, however, section 90.405, Florida Statutes (1999), requires the witness to be aware of the person's general reputation in the community and that the community must be sufficiently broad to provide adequate knowledge and a reliable assessment....

...He stated the braces were not sharpened and did not look like weapons, nor did it appear they had ever been removed from the shoes. Nonetheless, the state argues that the question was proper as a means of impeaching a defense character witness. In appropriate circumstances section 90.405(2), Florida Statutes (1987), does authorize a defense character witness to be impeached by referring to specific acts of misconduct of the defendant....

...Because the state failed to provide a goodfaith basis for asking the question, the trial court should not have allowed the question to be asked. The question was not based in fact and only served to mislead the jury. Moreover, the circumstances here do not implicate section 90.405.(2) since the attempted cross-examination was not proper impeachment of anything presented on direct....

...The decision in Williams, 386 So.2d at 1239, 1240, while not specifically addressing the admissibility of records as proof, leaves no doubt as to the relevancy of information concerning an applicant's criminal or psychiatric treatment, history, and character. Further, the Florida evidence code, Section 90.405(2), Florida Statutes, provides that when character or a particular trait of character of a person is an essential element of a charge, claim, or defense, proof may be made of specific instances of his conduct....

...274, 74 L.Ed.2d 213 (1982). See also §§ 90.608 and 90.609, Fla. Stat. (1985) and C. Ehrhardt, Florida Evidence § 801.6 (2d ed. 1984). However, for every broad general principle of law, there seems to be an exception applicable to particular circumstances. Section 90.405(2), Florida Statutes (1985) allows proof of specific incidents of conduct where that evidence is offered to prove a particular trait of character....

...he community as a person that makes sexual abuse allegations and later withdraws those allegations. Instead, the defense sought to elicit from the witness on cross-examination a specific instance of misconduct on her part as to that character trait. Section 90.405(2) specifically limits the use of character evidence by means of specific instances of conduct to those circumstances in which the character trait of the person sought to be established is an essential element of the charge, claim, or defense....

...dice to the defendant Southern Commodity Corporation is shown on this record as to the technical error in the trial court's jury instruction on apparent agency. Colonial Stores, Inc. v. Scarbrough, 355 So.2d 1181 (Fla. 1977); see infra note 17. [12] § 90.405(2), Fla....

...Section 90.803(21), Florida Statutes (2005), provides: [T]he following are [admissible] as evidence, even though the declarant is available as a witness: . . . (21) Reputation as to character.—Evidence of reputation of a person's character among associates or in the community. In turn, section 90.405(1), Florida Statutes, [4] as interpreted by this Court, supplies the applicable admissibility predicate: Section 90.405 governs the type of evidence that may be used to prove reputation....

...ly violent nature in terms of his own opinion and generalized personal experiences, which is not a proper method to establish character or reputation evidence in Florida. See, e.g., Wyatt v. State, 578 So.2d 811, 813 (Fla. 3d DCA 1991) (holding that section 90.405, Florida Statutes, "specifically limits the introduction of character evidence to reputation....

...[and] does not permit evidence of character to be made by opinion" (citations omitted)). Thus, Farmer's testimony concerning Mullins appears to be based on "mere personal opinion, fleeting encounters, or rumor," which this Court has stated is insufficient to satisfy section 90.405(1)'s admissibility predicate. Rogers, 511 So.2d at 526; see also Ibar v. State, 938 So.2d 451, 469 (Fla.2006) ("As a predicate to the introduction of . . . reputation evidence, . . . section 90.405, Florida Statutes (1999), requires the witness to be aware of the person's general reputation in the community and that the community must be sufficiently broad to provide adequate knowledge and a reliable assessment."). Therefore, the trial court did not abuse its discretion by excluding Farmer's testimony under section 90.405(1)....

...ulpate the accused is inadmissible, unless corroborating circumstances show the trustworthiness of the statement. (Emphasis added.) [3] § 90.401, Fla. Stat. (2005) ("Relevant evidence is evidence tending to prove or disprove a material fact."). [4] Section 90.405(1), Florida Statutes (2005), reads as follows: Reputation.—When evidence of the character of a person or of a trait of that person's character is admissible, proof may be made by testimony about that person's reputation....

...It is questionable whether the Stoll rule is applicable in Florida. For example, an attempt to admit expert testimony offered by the defendant which would show that the defendant did not fit the profile of a pedophile was disallowed because the court considered that section 90.405, pertaining to the methods of proving character, did not permit evidence of character to be established by opinion testimony....

...at Newton approached him in a threatening manner, that Newton pushed against him, and that Newton held a knife. Warren; Quintana. Under the circumstances, appellant was properly allowed to introduce evidence of Newton's reputation for violence under Section 90.405(1), Florida Statutes (1989), to establish that Newton was the aggressor....

...Appellant was erroneously prohibited, however, from introducing evidence of specific acts of violence by Newton for the reason that appellant's apprehension of bodily harm or death threatened by Newton was an essential element of his defense. Therefore, appellant should have been permitted to testify under Section 90.405(2), Florida Statutes (1989), regarding specific instances of violent conduct by Newton that were known or communicated to him before the altercation....

...ANALYSIS A. Exclusion of Evidence of Appellant's Reputation for Sexual Morality On appeal, Appellant argues that the exclusion of the evidence of his reputation for sexual morality was error because it was admissible under section 90.404(1)(a) and 90.405, Florida Statutes (2008). The State agrees that sections 90.404(1)(a) might support Appellant's theory of admissibility, but it contends that section 90.405 presents an "insurmountable bar" to the admission of evidence that a person does not have the character trait necessary to commit acts of child molestation, as this trait is not susceptible to proof by reputation evidence....

...[e]vidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the trait." Under this rule, an accused is permitted to introduce evidence of any character trait pertinent to the charges against him despite the general proscription against character evidence. See id. Section 90.405, Florida Statutes (2008), dictates the methods of proving character at trial. Under section 90.405(1), any time a person's character is admissible, it may be proven by evidence of that person's reputation. However, proof of a person's character may not be made by specific instances of conduct unless that person's character is "an essential element of a charge, claim, or defense." § 90.405(2). A defendant may not offer proof of his character by admitting evidence of an individual's opinion. See § 90.405 (listing the proper methods of proving character and omitting opinion testimony from the list); Charles W....

...specific instances of conduct is allowable on cross-examination, and that proof of character may be made evidence of specific instances of conduct when "character or a trait of character is an essential element of a charge, claim, or defense") with § 90.405, Fla....

...did not rely on the defense of self-defense or raise an issue concerning who was the initial aggressor. Even if one assumes that the proffered character evidence was admissible under section 90.404, it nonetheless would have been inadmissible under Section 90.405, Florida Statutes (1987), which prescribes the means by which character may be proven. Ehrhardt at § 404.1. Section 90.405 provides: (1) REPUTATION....

...Such evidence does not include specific acts or opinion testimony. Id. at § 405.1. In the case at bar, the proffered testimony of the two witnesses divulges appellant's attempt to introduce specific act testimony — not reputation evidence. Therefore, such evidence was inadmissible under section 90.405....

...s person and that his reputation was known to the defendant, you may consider this fact in determining whether the actions of the defendant were those of a reasonable person in dealing with an individual of that reputation. To prove reputation under section 90.405, Florida Statutes (1997) it is necessary to lay the foundation that the witness is aware of the person's reputation in the community....

...the alleged conduct. It does not logically follow that the victim would have motive to lie about sexual abuse because her prior allegation went unacknowledged. Next, Pantoja argues that the victim’s prior accusation should have been admitted under section 90.405(2), Florida Statutes (2002). We disagree. Section 90.405(2) provides, ‘When character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may be made of specific instances of that person’s conduct.” Here, the victim’s character was not an essential element of the defense or charge. It is a rare occurrence that character is an essential element of a claim! or defense. “Were this court to expand the narrow application of section 90.405(2)’s character at issue provision to all cases in which the veracity of a witness is pertinent to the proceedings, section 90.610’s confinement of impeachment evidence to only prior convictions would be rendered ‘meaningless.” Roebuck, 953 So.2d at 44 . *1098 Likewise, Pantoja contends that evidence of a prior accusation is admissible under section 90.405(2) as a specific instance of conduct to show that the victim was inclined to lie about sexual abuse. We disagree. The First District rejected this argument and explained: There is some support for this argument [that a prior false accusation is admissible under section 90.405(2) to show the victim was inclined to lie about sexual abuse] in Jaggers....

...2916, 73 L.Ed.2d 1322 (1982), modified sub nom. Preston v. State, 444 So.2d 939 (Fla. 1984). In the instant case, we find no abuse of discretion in regards to precluding Dr. Marquit from testifying that the defendant does not fit the profile of a pedophile. Additionally, section 90.405, Florida Statutes (1987), specifically limits the introduction of character evidence to reputation or specific instances of conduct....

...In addition, the prejudice to appellant from the admission into evidence of the improper rebuttal evidence regarding the deceased's lack of a prior criminal record, see generally Nelson v. State, 32 Fla. 244, 13 So. 361 (1893); Wrobel v. State, 410 So.2d 950 (Fla. 5th DCA), rev. denied, 419 So.2d 1201 (Fla. 1982); section 90.405(1), Florida Statutes (1981), further entitles appellant to a new trial....

...State, 818 So.2d 432, 451 (Fla.2002) (holding that it was improper to allow personal opinion to establish reputation for truthfulness without laying a foundation based on knowledge of the *596 witness' reputation in community for truthfulness); Wyatt v. State, 578 So.2d 811, 813 (Fla. 3d DCA 1991) (holding that section 90.405, Florida Statutes, does not permit opinion testimony regarding evidence of character); Ehrhardt, Florida Evidence § 405.2 at 258 ("Opinion testimony concerning a person's character has traditionally been inadmissible on the basis that...

...Appellant's conviction and sentence is reversed and the cause remanded for new trial. REVERSED AND REMANDED. COBB, J., concurs. SHARP, J., concurs in result only. NOTES [1] Williams v. State, 110 So.2d 654 (Fla.), cert. denied, 361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959). [2] See § 90.405, Fla....

...d by the defendant. § 90.404(1)(a), Fla. Stat. (1987). From our review of the record, we conclude that appellant did not put his character trait for violence in issue. Even if he had, opinion testimony is the recognized method of proving character, section 90.405(1), Florida Statutes (1987), and error occurs when the prosecution is allowed to introduce rebuttal evidence of specific acts of violence or turbulence where the defendant only places his or her general reputation for being a peaceful person in issue....

...[2] The relationship between and among sections 90.403, .404, and .405, Florida Statutes (2003), is worthy of consideration. It would appear that a trial court makes a decision to admit evidence on an issue of character under section 90.404 but that the method of proving the issue of character is resolved under section 90.405. Typically, Williams rule evidence is admitted as "specific instance" evidence under section 90.405(2)....

...mity with it on a particular occasion, except: *951 (a) Character of accused. — Evidence of a pertinent trait of his character offered by an accused, or by the prosecution to rebut the trait. This argument, however, omits the pertinent reference to section 90.405, Florida Statutes (1979), which provides the methods of proving character....

...In Florida, the method of presenting character evidence is limited to testimony of reputation. Maloy v. State, 52 Fla. 101, 41 So. 791 (1906). A defendant may place in issue his general reputation for being a peaceful and law-abiding citizen. See Cornelius v. State, 49 So.2d 332 (Fla. 1950). It is clear that nothing under section 90.405 nor in the case law of Florida authorizes the defense to introduce evidence of the absence of prior criminal convictions as a substitute for reputation testimony, even when it has been pre-determined under section 90.404 that evidence...

...at the credibility of a witness may not be impeached by proof that the witness has committed specific acts of misconduct. . . . However, for every broad general principle of law, there seems to be an exception applicable to particular circumstances. Section 90.405(2), Florida Statutes (1985) allows proof of specific incidents of conduct where that evidence is offered to prove a particular trait of character....

...Specifically, the cases justify the use of the false reporting evidence (1) to establish bias or motive pursuant to section 90.608(2) Florida Statutes; or (2) when character or a trait of character of a person is an essential element of a charge, claim, or defense pursuant to section 90.405(2), Florida Statutes....

...Cases in which character is actually at issue are "relatively rare" and do not impede on the *44 traditional rule that specific incidents of misconduct are generally not admissible to prove character. See Dragovich v. State, 492 So.2d 350 (Fla.1986). [1] Were this court to expand the narrow application of section 90.405(2)'s character at issue provision to all cases in which the veracity of a witness is pertinent to the proceedings, section 90.610's confinement of impeachment evidence to only prior convictions would be rendered meaningless....

...like peacefulness or honesty. Even where character evidence is proper, admissible evidence is "limited to the testimony witnesses who are aware of the victim's *288 reputation for the pertinent character trait." Ehrhardt, § 404.6 (Emphasis added); § 90.405, Fla....

...fered by him, or by the prosecution to rebut the trait. § 90.404(1)(a). However, except when character or a trait of character is an essential element of the case, proof of a person's character should be made through testimony about his reputation. § 90.405, Fla....

...We note that the Florida Supreme Court did not issue Pantoja until after the trial occurred in this case and thus the trial court did not have the benefit of Pantoja when it decided this issue. . The Court also discussed the potential admissibility of the prior recantation under sections 90.610 and 90.405(2), Florida Statutes....

...port was only admissible under this section if the person who made the false report was convicted of a felony or a misdemeanor involving dishonesty or false statement. Id. at 1096-97 . The Court also found the recantation would be inadmissible under section 90.405(2) because the victim’s character is not an element or defense of the crime of sexual battery....

...s acting in conformity with that character trait at the time. Such evidence is admissible because it is relevant to the issue of who was the aggressor. Fine v. State, 70 Fla.412, 70 So. 379 (1915); Melvin v. State, 592 So.2d 356 (Fla. 4th DCA 1992). Section 90.405 entitled "Methods of proving character," provides that when evidence of character is admissible, it may be established by testimony about the person's reputation....

...1996), the defendant was attempting to impeach a state witness by introducing testimony as to his poor reputation for truthfulness. Impeaching the character of witnesses is authorized by section 90.609, Florida Statutes. Addressing both sections 90.609 and 90.405, our supreme court stated: Essentially, it must be established that the community from which the reputation testimony is drawn is sufficiently broad to provide the witness with adequate knowledge to give a reliable assessment....

...whether they had heard that the defendant stabbed his wife to death twenty-five years before this trial. The trial court ruled that if the character witnesses testified concerning appellant's reputation for peacefulness the State, in accordance with section 90.405(2), Florida Statutes (1985), could cross-examine *1282 them about specific instances of appellant's prior violent conduct....

...The Second District found that restriction to be both erroneous and highly prejudicial. Although noting that impeachment may not, as a general rule, be based on specific acts of misconduct, the court noted an exception *569 to that rule which allows, based on section 90.405, Florida Statutes, specific incidents of conduct to be offered to prove a particular character trait....

...See also Smith v. Hooligan's Pub & Oyster Bar, Ltd., 753 So.2d 596, 599 (Fla. 3d DCA 2000). When evidence of a person's character or a trait of the person's character is admissible, proof of such may be made by testimony regarding the person's reputation. § 90.405(1), Fla. Stat. (2000). Specific instances of conduct may serve as proof of a person's character or a trait of that character when the character or the trait is an essential element of a charge, claim, or defense. § 90.405(2), Fla....

...ch was relevant to the reasonableness of his belief that Taylor posed a threat of imminent danger to him. On appeal the state apparently argues that the only admissible evidence on the issue of self-defense is character evidence which is governed by section 90.405, Florida Statutes. Character evidence is generally inadmissible except in the circumstances set forth in section 90.404, Florida Statutes, and when admissible, it may be proven by the methods set forth in section 90.405. The determination of admissability of the evidence excluded in the instant case is not governed by section 90.405; it is governed by sections 90.401 and .402, Florida Statutes, which provide that relevant evidence is evidence tending to prove or disprove a material fact, and that all relevant evidence is admissible except as provided by law....

...Rejecting the defendant's points on appeal from his criminal convictions, we conclude that the trial judge properly admitted evidence, in support of the defendant's claim of self-defense, of the victim's reputation for violence, Quintana v. State, 452 So.2d 98 (Fla. 1st DCA 1984); § 90.405(1), Fla....

...ection 90.404, Florida Statutes. The trial court erred in this regard. Where character or a particular character trait of a person is an essential element of a charge, claim, or defense, proof may be made of specific instances of his or her conduct. § 90.405(2), Fla....

...2002) (holding that it was improper to allow personal opinion to establish reputation for truthfulness without laying a foundation based on knowledge of the witness’ reputation in community for truthfulness); Wyatt v. State, 578 So. 2d 811, 813 (Fla. 3d DCA 1991) (holding that section 90.405, Florida Statutes, does not permit opinion testimony regarding evidence of character); Ehrhardt, Florida Evidence § 405.2 at 258 (“Opinion testimony concerning a person’s character has traditionally been inadmiss...

...102, 4 L.Ed.2d 86 (1959) and section 90.404(2), Florida Statutes. The statement here is one of belief, and does not involve past behavior, in the form of other crimes, wrongs or acts. [2] Had character been an issue, the State could only have rebutted the appellant's claim by reputation evidence. § 90.405, Fla.Stat....

...t adequate attorney-client interviews with Rigterink and prepare him to testify; (e) failing to (i) adequately investigate alternate suspects and (ii) establish a foundation for William Farmer’s testimony to satisfy the requirements of sections 90.405 and 90.804, Florida Statutes (2005); (f) failing to (i) thoroughly investigate Rigterink’s mental state at the time of the murders, and (ii) follow up on recommendations by mental health professionals; and (g) failing to object to the int...

...This Court noted that the testimony was not framed or presented in terms of Mullins’s reputation in the drug trade community and held that Farmer’s testimony was based on mere personal opinion, fleeting encounters, or rumor, and was insufficient to satisfy the admissibility predicate of section 90.405(1), Florida Statutes. Id. at 895; see also § 90.405(1) (“When evidence of the character of a person or of a trait of that person’s character is admissible, proof may be made by testimony about that person’s reputation.”). - 58 -  R...

...State, 445 So.2d 1, 2 (Fla. 3d DCA 1984); Hager v. State, 439 So.2d 996, 997 (Fla. 4th DCA 1983). Once the proper foundation is laid, the defendant may introduce evidence of the victim’s reputation or of specific instances of the victim’s conduct. See § 90.405, Fla....

...would essentially require Childers to “call the prosecutor to testify as to his opinion.” Such testimony would be impermissible under Florida’s evidence rules, which prohibit testimony regarding personal opinion of truthfulness. Cf. Fla. Stat. § 90.405 (1) (permitting reputation evidence)....

...McPhee next asserts that the trial court erred by disallowing evidence of the victim’s prior false accusations of sexual abuse. The defense sought to introduce this evidence to show the victim’s prior sexual knowledge. The trial court properly disallowed the evidence. Section 90.405(2), Florida Statutes (2008), provides that, “[w]hen character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may be made of specific instances of that person’s conduct.” Here, the victim’s character was not an essential element of the defense or charge....

...State, 110 So.2d 654 (Fla.), cert. denied, 361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959). In this instance, the evidence of the incident occurring six years earlier was not relevant to any material fact in issue in the current charge against the defendant. [2] Section 90.405, Florida Statutes (1998), provides that character may be proved by reputation or by specific instances of conduct, but only when that evidence is admissible or when character is an essential element of a charge, claim, or defense. The comments to section 90.405 explain that, "The section [§ 90.405, Methods of proving character] confines the use of specific instances of conduct to cases in which character is in issue; that is, when character is one of the facts necessary to establish a liability or defense or is a factor in the measurement of damages....

...On review, this court held that "[t]he elevator verbal threat which happened several months after the fistfight was irrelevant...." Id. This court concluded that: [Dupont] did not put his character trait for violence in issue. Even if he had, opinion testimony is the recognized method of proving character, section 90.405(1), Florida Statutes (1987), and error occurs when the prosecution is allowed to introduce rebuttal evidence of specific acts of violence or turbulence where the defendant only places his or her general reputation for being a peaceful person in issue....

...NOTES [1] We point out that counsel may not ask a witness about prior convictions "unless he or she has knowledge that the witness has in fact been convicted of the crime or crimes." Brown v. State, 787 So.2d 136, 139 (Fla. 4th DCA 2001). [2] "It is clear that nothing under section 90.405 nor in the case law of Florida authorizes the defense to introduce evidence of the absence of prior criminal convictions as a substitute for reputation testimony....

...ion to pass upon the credibility of the witness' testimony.) [1] The first purpose (not applicable here) is to show that the victim was the aggressor. The only permissible form of evidence that may be offered for this purpose is reputation evidence. § 90.405(1), Fla....

...them and their potential testimony. Even had the record not conclusively refuted Worrell’s claims, he would not be entitled to an evidentiary hearing. Dr. Neidigh’s potential expert opinion testimony as to Worrell’s propensities or characteristics is not admissible. Section 90.405, Florida Statutes, governs the admission of character evidence and “does not permit evidence of character to be made by opinion.” Wyatt v....

character, is an element of a claim or defense, section 90.405(2), Florida Statutes (1987), however, a challenge

...More recently, in McPhee v. State, 117 So. 3d 1137 (Fla. 3d DCA 2012), our court considered whether the trial court erred in disallowing evidence of the alleged victim’s prior false allegations of prior sexual abuse in a sexual crime case. Citing Pantoja and section 90.405(2), Florida Statutes, the court held “the victim’s character was not an essential element 11 of the defense or charge,” thus, exclusion of the specific act evidence was proper....

...ant is asserting self-defense, to demonstrate that the victim was the aggressor and not the defendant. This evidence is admissible regardless of the defendant’s knowledge of that reputation. Id. at 1074. However, to admit reputation evidence under section 90.405(1), Florida Statutes, a witness must establish “that the community from which the reputation testimony is drawn is sufficiently broad to provide the witness with adequate knowledge to give a reliable assessment.” Larzelere v....

by testimony about his reputation. Fla. Stat. § 90.405(1) (2003). Additionally, the Florida Evidence

2d 811, 813 (Fla. 3d DCA 1991) (holding that section 90.405, Florida Statutes, does not permit opinion

...d essentially require Childers to “call the prosecutor to testify as to his opinion.” Such testimony would be impermissible under Florida’s evidence rules, which prohibit testimony regarding personal opinion of truthfulness. Cf. Fla. Stat. § 90.405(1) (permitting reputation evidence). The District Court of Appeal ruled that the trial court properly excluded Childers’s evidence and affirmed Childers’s conviction.12 The court’s opinion did 12 A three-judge panel was initially assigned to Childers’s appeal....

...d essentially require Childers to “call the prosecutor to testify as to his opinion.” Such testimony would be impermissible under Florida’s evidence rules, which prohibit testimony regarding personal opinion of truthfulness. Cf. Fla. Stat. § 90.405(1) (permitting reputation evidence). The District Court of Appeal ruled that the trial court properly excluded Childers’s evidence and affirmed Childers’s conviction.12 The court’s opinion did 12 A three-judge panel was initially assigned to Childers’s appeal....

...We disagree. Although character evidence is generally inadmissible to show that a person acted in conformity with a character trait on a particular occasion, a defendant in a criminal case may offer evidence of “a pertinent trait of character.” § 90.404(1)(a), Fla. Stat. Section 90.405, Florida Statutes, dictates the methods of proving character at trial. Hendricks, 34 So. 3d at 822. Under section 90.405(1), any time a person’s character is admissible, it may be proven by evidence of that person’s reputation. However, proof of a person’s character may not be made by specific instances of conduct unless character is “an essential element of a charge, claim, or defense.” § 90.405(2), Fla....

...Although the girlfriend’s testimony was primarily offered to impeach the collateral crime witness’s testimony by contradicting her story, the girlfriend also would have testified that Pitts had never been “sexually aggressive” towards her. This is effectively specific-act character testimony under section 90.405(2), and because Pitts’s character trait for sexual non-violence was not an element of the charge in this case, the trial court properly excluded this testimony. 6  On appeal, Pitts argues that testimony about his reputation for sexual non-violence should have been admitted under section 90.405(1)....

...State, 818 So.2d 432, 451 (Fla.2002) (holding that it was improper to allow personal opinion to establish reputation for truthfulness without laying a foundation based on knowledge of the witness’ reputation in community for truthfulness); Wyatt v. State, 578 So.2d 811, 813 (Fla. 3d DCA 1991) (holding that section 90.405, Florida Statutes, does not permit opinion testimony regarding evidence of character); Ehrhardt, Florida Evidence § 405.2 at 258 (“Opinion testimony concerning a person’s character has traditionally been inadmissible on the basis...

involved are not ordinarily admissible, see Section 90.405(2), Florida Statutes (1979); Ehrhardt, Florida