Florida/Georgia Personal Injury & Workers Compensation

...terms of inferences or opinions and his use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and (2) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701(1), (2), Fla....

...Floyd argues that the police officers should not have been permitted to testify to medical matters. We agree that the officers here were not qualified to give such testimony. The opinions expressed by them called for "special knowledge, skill, experience, or training," section 90.701(2), Florida Statutes, which required the state to establish the expertise of the witnesses before the trial court could admit their opinion testimony....

...State, 660 So.2d 637 (Fla.1995). Fletcher also testified concerning her opinion of Zack's relationship with Midkiff. She responded affirmatively when asked if the relationship "was one that you would expect between a stepfather and his son." Lay opinion is proper pursuant to section 90.701, Florida Statutes (1995), when: (1) The witness cannot readily, and with equal accuracy and adequacy, communicate what he or she has perceived to the trier of fact without testifying in terms of inferences or opinions and the witness's...

...Gardner further claims that the trial court erred in allowing testimony about the character and personality of Gardner's accomplice Hadley. We disagree. A lay witness may give opinion testimony so long as the opinion testimony does not mislead the trier of fact. § 90.701, Fla....

...estimony because of her familiarity with the type of object in question. However, opinion testimony of a lay witness is only permitted if based on what the witness has personally perceived. See Fino v. Nodine, 646 So.2d 746, 748 (Fla. 4th DCA 1994). Section 90.701, Florida Statutes (2000), provides that: If a witness is not testifying as an expert, the witness's testimony about what he perceives may be in the form of inference and opinion when: (1) The witness cannot readily, and with equal accu...

...See Taylor v. State, 601 So.2d 1304, 1305 (Fla. 4th DCA 1992). We agree with appellant that the trial court abused its discretion in allowing the state to introduce Officer McGlon's opinion because it was not admissible as either a lay or expert opinion. See §§ 90.701 and 90.702, Fla....

...ness was again sustained by the court. During proffer McGoogin testified that in his opinion Hutto was encouraging Kight to cut his throat. [3] Kight now argues that McGoogin's lay opinion that Hutto was urging Kight to harm him was admissible under section 90.701, Florida Statutes (1985) because McGoogin was merely testifying as to his perception of Hutto's words and actions. We cannot agree. Although it may have been McGoogin's perception that Hutto was urging Kight to harm him, this is not the type of lay opinion testimony which is admissible under section 90.701. Under section 90.701, before a lay witness may testify in the form of inference and opinion the party offering the testimony must establish that "the witness cannot [otherwise] readily, and with equal accuracy and adequacy, communicate what he has perceive...

...e was no doubt what he saw. It is not likely that the jury was confused or believed that a thirteen-year-old boy had tested the substance he saw on the ground. Nor is it likely that Ferns could have conveyed what he saw without using the word blood. Section 90.701, Florida Statutes provides: If a witness is not testifying as an expert, the witness's testimony about what he or she perceived may be in the form of inference and opinion when: (1) The witness cannot readily, and with equal accuracy a...

...nferences or opinions and the witness's use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and (2) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701, Fla....

...As a general rule, lay witnesses may not testify in the form of opinions or inferences; it is the function of the jury to draw those inferences. Cf. Kersey v. State, 73 Fla. 832, 840, 74 So. 983, 986 (1917); see also Charles W. Ehrhardt, Florida Evidence § 701.1, at 538 (1999 ed.). An exception to this rule is found in section 90.701, Florida Statutes, which permits a lay witness to proffer testimony in the form of an inference and opinion where: (1) The witness cannot readily, and with equal accuracy and adequacy, communicate what he or she has perceived to the tr...

...nferences or opinions and the witness's use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and (2) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701, Fla. Stat. (1997); see also Kersey, 73 Fla. at 840, 74 So. at 986; Alexander v. State, 627 So.2d 35, 42 (Fla. 1st DCA 1993). Both prerequisites must be satisfied before a lay witness is allowed to testify in the form of an opinion or inference. See § 90.701; Ehrhardt, supra, at 540. There is no claim in this case that Bullock's testimony required specialized skill or training. Accordingly, the second prong of section 90.701 is satisfied....

...A jury bears the responsibility of drawing inferences from facts that are within the ordinary experience of jurors. See McGough v. State, 302 So.2d 751, 755 (Fla.1974). Therefore, generally, a lay witness may not testify in the form of opinion. See Floyd v. State, 569 So.2d 1225, 1232 (1990). Section 90.701, Florida Statutes (1997), permits a lay witness to testify in the form of opinion and inference where the witness cannot readily, and with equal accuracy and adequacy, communicate what he or she has perceived to the trier of fact without testifying in terms of inferences or opinions and the witness's use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party. § 90.701, Fla....

...(b) helpful to a clear understanding of the witness' testimony or the determination of a fact in issue. The state cases cited were decided under a lay witness statute identical to the Federal Rule of Evidence 701. I do recognize that the language of section 90.701 varies from the language of the lay opinion testimony statutes that were used to decide the cases cited above. However, I do not read the different language of section 90.701 to render inadmissible a lay witness' interpretation of terms unfamiliar to the average juror.

...Florida's Evidence Code provides that a lay witness may testify in the form of opinion when the witness cannot otherwise accurately communicate what he or she perceived so long as the opinion will not mislead the trier of fact and the opinion is not one that requires special knowledge, skill, experience, or training. § 90.701, Fla....

...ht from wrong because she was not allowed to express her opinion. A nonexpert witness may testify to an opinion about mental condition if the witness had an adequate opportunity to observe the matter or conduct about which the witness is testifying. § 90.701, Fla....

...See Wyatt v. State, 641 So.2d 355 (Fla. 1994). Moreover, the timely objection was well founded because lay witnesses generally are not permitted to offer opinions or inferences, and this inference should have been left for the jury to draw on its own. See § 90.701, Fla....

...Appellant, together with the other defendants, filed a pretrial motion in limine to exclude the testimony of five Metro-Dade police officers. Appellant joined in the argument of the co-defendant, Fields, that: the police officers' testimony would be opinion evidence contrary to section 90.701, Florida Statutes (1985); the jury would have the opportunity to view the videotape themselves therefore there was no need for the officers' testimony; and the testimony would be unduly prejudicial and cumulative because the police off...

...State, 538 So.2d 86 (Fla. 1st DCA 1989). A lay witness's opportunity of observation is critical to admissibility regarding the speed of an object because the lay witness's testimony must be grounded in reliability and personal perception rather than speculation. See § 90.701, Fla....

...ority. Nor is the husband's testimony admissible as opinion testimony, as suggested in the majority opinion. The witness was not qualified as an expert under section 90.702, Florida Statutes, and the testimony was not admissible as lay opinion under section 90.701 because, admittedly, it was not based upon the witness's personal perception (he had not been to Japan) and required special knowledge and skill which the witness clearly lacked....

...Improper Testimony Bigham argues that the State improperly solicited speculation from its witness, Mrs. Cavazos, as to when Lulu's husband Oscar left his apartment. The State argues that Mrs. Cavazos' testimony was lay opinion testimony and, as such, was properly admitted under section 90.701, Florida Statutes. Section 90.701 requires a two-prong test of lay opinion testimony: (1) The witness cannot readily, and with equal accuracy and adequacy, communicate what he or she has perceived to the trier of fact without testifying in terms of inferences or opinions and the witness's use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and (2) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701, Fla....

...Similarly, in this case, Officer McDonald testified that a gun lying on the floor "appeared dropped" because it was lying in a "crevice" in the ground. This clearly falls within the permissible range of lay observation and ordinary police experience. See Floyd, 569 So.2d at 1232; § 90.701, Fla....

...Identification by lay witness opinion testimony has long been recognized in Florida. See, e.g., Roberson v. State, 40 Fla. 509, 24 So. 474 (1898). Furthermore, opinion testimony by lay witnesses is expressly admissible under our current evidence code. § 90.701, Fla....

...A witness may relate the substance of a conversation which he had with a party, even though he cannot recount the conversation verbatim. Johnson v. State, 64 Fla. 321, 59 So. 894 (1912); Ayers v. State, 62 Fla. 14, 57 So. 349 (1911); Kennard v. State, 42 Fla. 581, 28 So. 858 (1900). Section 90.701, Fla....

...ial court's action in excluding certain opinion testimony. We determine the trial court was correct in disallowing the proffered testimony of three eyewitnesses to the accident scenes that the Hettinger collision caused the Shattuck/Zwinge accident. Section 90.701(1), Florida Statutes (1985) [1] , permits such opinion testimony if the witness cannot otherwise readily communicate what he has perceived without offering his opinion, and the opinion does not require special expertise....

...Accordingly, we reverse the judgment entered by the trial court in favor of the appellees pursuant to the granting of a directed verdict on their behalf, and remand this case for proceedings consistent with this opinion. RYDER, A.C.J., and FRANK, J., concur. NOTES [1] Section 90.701, Florida Statutes (1985), provides in relevant part: If a witness is not testifying as an expert, his testimony about what he perceived may be in the form of inference and opinion when: (1) The witness cannot readily, and with equal ac...

...f the witness. Fino v. Nodine, 646 So.2d 746, 749 (Fla. 4th DCA 1994) ("Before lay opinion testimony can be properly admitted, a predicate must be laid in which the witness testifies as to the facts or perceptions upon which the opinion is based."); § 90.701, Florida Statutes (1999); see, e.g., Hixon v....

...should be interpreted concerning whether CBI was required to pay for the PCW mixture removed from Tank 21 when the fuel was floating on top or when CBI could resell it. Contractual interpretation is not a proper matter of lay opinion testimony. See § 90.701, Fla....

...that Parker was not qualified to testify as an “expert in metallurgy or the rate of oxidation of aluminum.” The State contends that an expert is not required to testify as to “whether or not a piece of metal would be shiny if recently cut.” Section 90.701, Florida Statutes (2011), provides: If a witness is not testifying as an expert, the witness’s testimony about what he or she perceived may be in the form of inference and opinion when: (1) The witness cannot readily, and with equal...

...rences or opinions and the witness’s use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and (2) The opinions and inferences do ?iot require a special knowledge, skill, experience, or training. § 90.701, Fla....

...a copy of the tape, the circuit court denied the motion. [1] Following this adverse ruling Cordia moved in limine to exclude testimony regarding the officers' opinion as to the identity of the taped voice. The court agreed to exclude the witnesses. Section 90.701, Florida Statutes (1989), permits opinion testimony by nonexperts when (1) the witness cannot readily, and with equal accuracy, communicate what he has perceived without resort to opinion, (2) his use of opinion will not mislead the tr...

...462, 24 L.Ed.2d 441 (1969). Cordia does not quarrel with this general principle, but contends that since the two officer/witnesses were not the individuals who actually received the original telephone call, their testimony goes beyond the scope of section 90.701 and constitutes an impermissible opinion as to the guilt of the accused....

...What Walton did was to talk about the facts he had observed or learned from other sources before concluding that self-defense was not a viable defense in Appellant's case. In effect, the State's eliciting the challenged testimony encroached upon the jury's vital task to determine whether Appellant had acted in self-defense. Section 90.701, Fla. Stat. (2006), of the Florida Evidence Code states: 90.701 Opinion testimony of lay witnesses.—If a witness is not testifying as an expert, the witness's testimony about what he or she perceived may be in the form of inference and opinion when: (1) The witness cannot readily, and with equal accuracy...

...lling, you know?" Id. at 1284. Kolp's counsel objected to this unqualified witness' being allowed to opine as to the use of hollow-point bullets for killing; the objection was overruled. See id. This was held to be speculative and inadmissible under section 90.701 because the statute usually limits testimony to the witness' perception, e.g., as to "distance, time, size, weight, form and identity." Fino v....

...The officer answered "yes." She opined that the aluminum strip could cause great bodily harm. See id. at 872. The State asserted that this testimony was admissible as lay opinion based on the officer's familiarity with the type of object in question. See id. at 873. However, citing section 90.701, the Fourth District Court in Nardone noted that a lay witness' opinion testimony is allowed only if it is based on "what the witness has personally observed." Id.; see Fino, 646 So.2d at 748....

...Collins, 614 So.2d 626, 626-27 (Fla. 1st DCA 1993). Even the opinion of a lay witness may be admissible where the "witness cannot readily, and with equal accuracy and adequacy," explain his or her observations or perceptions without giving an inference or opinion. § 90.701(1), Fla....

...It was illegal evidence, properly characterized as lay opinion testimony because Walton was never qualified as an expert." Even though the defense did not express its objection this artfully in the trial court, we conclude that the "opinion" objection was sufficient to invoke section *164 90.701, supra....

...idence. On this record, the factual matter of what the investigator personally observed at the crime scene is quite distinct from his opinion regarding what had happened before his arrival, i.e., the circumstances of the stabbing death. The scope of section 90.701 is usually limited to matters relating to distance, time, size, weight, form, and identity, which are easily observable....

...never qualified as an expert in assessing the causes and circumstances of the infliction of wounds. The State's argument that Walton could have been qualified *165 as an expert is speculative, given this record. The State correctly notes that, under section 90.701(1), even the opinion testimony of a lay witness may be admissible where "[t]he witness cannot readily, and with equal accuracy and adequacy, communicate what he or she has perceived to the trier of fact without testifying in terms of i...

...ding what had happened, i.e., the circumstances of the stabbing. See Somerville, 626 So.2d at 1072 (concluding that a witness' relevant opinion that he believed a class ring was stolen was not demonstrably based on anything perceived by him, so that section 90.701 did not allow its admission into evidence)....

...Second, Walton's opinion ruling out self-defense prejudiced the defense, for reasons that will be discussed, infra. Third, if Walton's opinions and inferences relating to self-defense "require a special knowledge, skill, experience, or training," then section 90.701(2) precludes the testimony....

...lt from being "smacked in the face," and that the nose wound was consistent with being struck while the eyeglasses were being worn during a fight or struggle. See 569 So.2d at 1231-32. Second, although the officers should not have been allowed under section 90.701(2) to testify to medical matters such as whether all the victim's injuries occurred at the same time and whether the wound atop the victim's hand was defensive, the Florida Supreme Court in Floyd concluded that this error was cumulativ...

...Accordingly, Victorino was not prejudiced by trial counsel’s error. C. Speculative Lay Opinion Evidence Relying on section 90.604, Florida Statutes (2006), which provides that a “witness may not testify to a matter unless ... the witness has personal knowledge of the matter” and section 90.701, Florida Statutes (2006), which sets out the circumstances in which a lay witness may testify in the form of an opinion, Victorino contends that defense counsel erred on four occasions by not objecting to testimony that was in the form of speculation or an improper lay opinion....

...ent. Defense counsel's objection to a reference to Kinsley's notes on Mabrie's cross-examination was also overruled. Defense counsel asked if the court would allow "witnesses to testify that it appeared to be an accidental shooting." After reviewing section 90.701, Florida Statutes, the court ruled that it would be "completely and totally prohibited" as lay witness opinions....

...ences or opinions," whether the use of inferences or opinions "will not mislead the trier of fact to the prejudice of the objecting party," and whether the opinions and inferences "do not require a special knowledge, skill, experience, or training." § 90.701, Fla....

...r in the summary. Borton Volvo switched to television advertising and never advertised on WRMF. Further, the corporate defendants argue, and we agree, that the only testimony linking the losses to Whitby's departure constituted inadmissible hearsay. Section 90.701, Florida Statutes, requires a lay witness to base his or her opinion upon facts the witness has "perceived." A lay witness may not rely on hearsay in forming an opinion....

...It was, however, improper to allow Gardner to give medical opinion testimony that the scar "could be" consistent with sexual battery. The opinion of what caused the scar required "special knowledge, skill, experience, or training" and Gardner was not qualified as an expert. See § 90.701, Fla....

...Therefore, we conclude that the trial court was correct in ruling that the testimony was admissible over the Tews' objections. Furthermore, an expert should be permitted to testify whenever his specialized knowledge will assist the trier of fact in understanding the evidence. § 90.701, Florida Statutes (1985)....

...5 “The standard of review for admissibility of evidence is abuse of discretion, limited by the rules of evidence.” Tengbergen v. State, 9 So.3d 729, 736 (Fla. 4th DCA 2009). The state relies on Fino v. Nodine, 646 So.2d 746 (Fla. 4th DCA 1994), where this court recognized that under section 90.701, Florida Statutes, 6 lay witnesses, under certain circumstances, may offer opinion testimony related to what they perceived....

...her specialized knowledge,” and was not based on his "knowledge, skill, experience, training, or education” in any particular field. See § 90.702, Fla. Stat. (2010). The state concedes that the detective’s testimony was that of a lay person. .Section 90.701, Florida Statutes (2010), provides that a lay witness may offer opinion testimony related to what the witness perceived if: (1) The witness cannot readily, and with equal accuracy and adequacy, communicate what he or she has perceived...

...But we also think that the postconviction court could not have determined the extent to which Mr. Otero might have been able to testify in terms of inferences and opinions about his observations at the scene until it had actually heard Mr. Otero's testimony. § 90.701(1), Fla....

...identify the defendant and the first victim’s stolen property in the Facebook video when those witnesses were in the same position as the jury in reviewing the video. Even though this apparent “lay opinion” objection was not specified as such, we will address it on the merits. Section 90.701, Florida Statutes (2016), states: If a witness is not testifying as an expert, the witness’s testimony about what he or she perceived may be in the form of inference and opinion when: (1) The witness...

...not mislead the trier of fact to the prejudice of the objecting party; and (2) The opinions and inferences do not require a special knowledge, skill, experience, or training. 12  We recently examined section 90.701 to determine the circumstances when a court may allow a lay person to identify persons in recordings....

...ed to render. We find no error in the trial court's decision to permit the testimony at issue. The evidence code precludes testimony by a lay witness relating inferences or opinions that "require a special knowledge, skill, experience, or training." § 90.701(2), Fla....

...I respectfully suggest that in today's society where our citizens daily watch television accounts of actual and staged drug transactions, it may not require a special knowledge, skill, experience, or training to conclude a common street-level drug sale has occurred. See § 90.701(1)-(2), Fla....

...To avoid this evidentiary rule, the State sought to introduce the sum of that evidence by asking Detective Beining to make conclusions based upon his comparison of their hearsay statements. However, his opinion as to the consistency of the witnesses' descriptions was inadmissible pursuant to section 90.701(1), Florida Statutes (1997)....

...[3] While Garron and Rivers allow, under certain specified circumstances, lay opinion as to "sanity," it does not follow that a witness may testify to purely legal conclusions. The value of lay opinion as to sanity lies in the ability of the witness to effectively convey her impressions of the defendant's behavior. See § 90.701(1), Fla....

...Provided he bases his testimony on his own knowledge and not on information furnished by another, the opinion, belief, judgment, or impression of an ordinary (non-expert) witness as to the identity of a person or an object is admissible in evidence. Section 90.701, Florida Statutes (1979), allows opinions of lay witnesses only when based upon what the witness has "perceived." Other jurisdictions have also held that the type of hearsay testimony proffered here was properly excluded....

...Prosecutor: Would that also supply an explanation for one of the many reasons why she couldn’t get up? Brandow: It could have supplied one of the reasons, yes. This testimony required specialized knowledge and experience. Thus, Bran-dow was indeed testifying as an expert. See § 90.701, Fla....

...erience-based opinion testimony. Because the officer’s opinion was based on his personal knowledge and perception and resulted from a process of everyday reasoning, we hold that the officer’s opinion was admissible as lay opinion testimony under Section 90.701, Florida Statutes....

...The State counters by arguing the Daubert factors are “flexible and nonexhaustive.” However’, we do not decide this case under Daubert’s expert opinion testimony framework because the admissibility of Officer Munecas’s experience-based testimony is more appropriately analyzed under Section 90.701. Section 90.701: Lay Opinion Testimony We begin with the text of Section 90.701, Florida Statutes: 90.701....

...nces do not require a special knowledge, skill, experience, or training. L.L. argues that Officer Munecas’s testimony cannot be lay opinion testimony because it requires “specialized knowledge.” We disagree. Similar to its federal counterpart, Section 90.701 forbids lay opinion testimony that requires “special knowledge, skill, experience, or training.” Of *257 course, “[a]ll lay -witnesses have some specialized knowledge — knowledge relevant to the case that is not common to everyone.......

...Indeed, that is why all - witnesses — lay or expert — are called: to get what they know about the ease that other people do not.” Paul F. Rothstein, Fed. Rules of Evidence Rule 701 (3d ed.).. The text of the Federal Rules offers more guidance than does Section 90.701 because it specifies that lay opinion testimony is not based on “specialized knowledge within the scope of Rule 702.” Fed.R.Evid....

...The lay witness may not rely on hearsay in forming an opinion, but the witness may base the opinion on what the witness has perceived.” (citing Somerville v. State, 626 So.2d 1070 (Fla. 1st DCA 1993))); Barnes v. State, 415 So.2d 1280, 1283 (Fla. 2d DCA 1982) (“Section 90.701, Florida Statutes (1979), allows opinions of lay witnesses only when based upon what the’witness has ‘perceived,’”)....

...Finally, we hasten to add that although the more demanding Daubert admissibility standard does pot apply to lay opinion testimony, there is .nevertheless, a reliability inquiry. Not; only ..must lay opinion testimony be based on the .witness’s personal knowledge,-section 90.604, Florida Statutes, and perceptions, section 90.701, Florida Statutes, but the witness must have sufficient personal knowledge to support the opinion....

...or the reasons outlined abové, we conclude the trial court did not abuse its discretion in admitting Officer Munecas’s marijuana identification testimony in this case. Officer Munecas’s testimony was ad *260 missible lay opinion testimony under Section 90.701 because it was based on sufficient personal knowledge and his senses of sight and smell, and it was arrived at through a process of everyday reasoning....

knowledge, skill, experience, or training. § 90.701, Fla. Stat. When a witness is previously familiar

...4th DCA 1988) ("An owner may ordinarily testify as to the value of property owned."). The Florida Evidence Code provides that a lay witness cannot offer opinion testimony when, among other limitations, the opinion requires "a special knowledge, skill, experience, or training." See § 90.701(2), Fla....

...ice officer to testify about the character and personality of the defendant's accomplice to a murder. The supreme court disagreed, stating: A lay witness may give opinion testimony so long as the opinion testimony does not mislead the trier of fact. § 90.701, Fla....

...the question, "Did you perceive or form an impression in your mind from any source that there might be trouble and that you had better get back inside the bar?" Appellant challenges this testimony as inadmissible opinion evidence from lay witnesses. Section 90.701, Florida Statutes, provides: If a witness is not testifying as an expert his testimony about what he perceived may be in the form of inference and opinion when: (1) The witness cannot readily, and with equal accuracy and adequacy, comm...

...inion that a codefendant was encouraging appellant Kight to cut the victim's throat. The codefendant had made a somewhat ambiguous statement which the victim believed was intended to dare Kight to kill him. The court stated (512 So.2d at 929): Under Section 90.701, before a lay witness may testify in the form of inference and opinion the party offering the testimony must establish that "the witness cannot [otherwise] readily, and with equal accuracy and adequacy, communicate what he has perceive...

...929, 108 S.Ct. 1100, 99 L.Ed.2d 262 (1988), the court held that the trial court had appropriately excluded a witness's opinion testimony that another person was encouraging the defendant to cut the witness's throat. The supreme court observed that "[u]nder section 90.701, before a lay witness may testify in the form of inference and opinion the party offering the testimony must establish that the witness cannot [otherwise] readily, and with equal accuracy and adequacy, communicate what he has perceived...

...To avoid this evidentiary rule, the State sought to introduce the sum of that evidence by asking Detective Beining to make conclusions based upon his comparison of their hearsay statements. However, his opinion as to the consistency of the witnesses' descriptions was inadmissible pursuant to section 90.701(1), Florida Statutes (1997)....

...but rather as a lay witness opinion. She cites several cases as support for this contention. However, none of these cases leads to the conclusion that lay witness opinion testimony may be based solely upon information furnished by a third party. [2] Section 90.701, Florida Statutes (1983), provides that a lay witness may testify in the form of an opinion when: (1) The witness cannot readily, and with equal accuracy and adequacy, communicate what he has perceived to the trier of fact without test...

...of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and (2) The opinions and inferences do not require a special knowledge, skill, experience or training. The Law Revision Council Note indicates that Section 90.701 permits a lay witness to testify to things which the witness has perceived such as distance, time, size, weight, form and identity....

...His inferences, when received may not be worth much, but they can do no harm. The court will not permit them to be given more weight than the basis upon which they are built will sustain, and that basis can be uncovered on cross-examination if the judge has not required that it be given in advance. We find nothing in Section 90.701 or the Council Note which would permit a witness to testify about something she had been told rather than something she perceived. The Second District Court of Appeal concluded in Barnes v. State, 415 So.2d 1280 (Fla. 2d DCA), petition on review denied, 424 So.2d 760 (Fla. 1982), that Section 90.701 only permitted a witness to give an opinion based on his perceptions. The Barnes court stated: Section 90.701, Florida Statutes (1979), allows opinions of lay witnesses only when based upon what the witness has "perceived." Other jurisdictions have also held that the type of hearsay testimony proffered here was properly excluded....

...drugs or alcohol. "As a general rule, lay witnesses may not testify in the form of opinions or inferences; it is the function of the jury to draw those inferences." Thorp v. State, 777 So.2d 385, 395 (Fla.2000). The exception to this rule set out in section 90.701, Florida Statutes (2006), [5] does not apply here where each of the witnesses could "readily, and with equal accuracy and adequacy, communicate what [s]he ......

...out a premise of fact — are [sic] clearly inadmissible in the trial of causes in the courts of this country." Jones v. State, 908 So.2d 615, 621 (Fla. 4th DCA 2005) (quoting LeMaster v. Glock, Inc., 610 So.2d 1336, 1338-39 (Fla. 1st DCA 1992)). [5] Section 90.701, opinion testimony of lay witnesses, provides: If a witness is not testifying as an expert, the witness's testimony about what he or she perceived may be in the form of inference and opinion when: (1) The witness cannot readily, and wi...

...Defendant was convicted of the three counts of attempted second-degree murder with a firearm as charged. On appeal the only issue is the admissibility of the testimony of the witness that hollow-point bullets are for killing. Initially, we conclude that the testimony was not admissible under section 90.701, Florida Statutes (2005). In Fino v. Nodine, 646 So.2d 746 (Fla. 4th DCA 1994), we held that the kind of opinion testimony by lay witnesses admissible under section 90.701 is usually limited to things related to perception: e.g., "distance, time, size, weight, form and identity." 646 So.2d at 748-49....

...Clearly, the owner of a motor vehicle, such as the appellant, can testify through its representative regarding the condition of the vehicle. This type of information can be imparted by anyone who has tried to drive the vehicle, and does not require an expert witness to convey this information. See § 90.701(1), (2), Fla.Stat....

...Therefore, any error is unpreserved for our review. The officer also testified, over defense objection, that the bruise was already fading and that the laceration seemed to be healing. The testimony described what the officer personally observed, and did not require expertise. § 90.701, Fla....

...whether she takes responsibility for the accident. *1026 “Generally, a lay witness may not testify in terms of an inference or opinion, because it usurps the function of the jury.” Fino v. Nodine, 646 So.2d 746, 748 (Fla. 4th DCA 1994). However, section 90.701, Florida Statutes, provides that a lay witness may testify in the form of inference and opinion when: (1) The witness cannot readily, and with equal accuracy and adequacy, communicate what he or she has perceived to the trier of fact w...

...erences or opinions and the witness’s use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and (2) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701, Fla....

...whether Jackson takes responsibility for the accident was “for the jury to decide.” Cf. Castaneda, 884 So.2d at 1093 (“Failure to follow the Rules [of Civil Procedure] constitutes an error of law, not an abuse of discretion.”). According to section 90.701, Florida Statutes, Jackson should have been allowed to offer her opinion on whether she takes responsibility for the accident because she likely could not otherwise readily and accurately testify to what she perceived, and her opinion did not require special knowledge or experience....

...ces or opinions and the *346 witness’s use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and (2)The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701, Fla....

...terms of inferences or opinions and his use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and (2) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701, Fla....

...[1] "Lay witness opinion testimony is admissible if it is within the ken of an intelligent person with a degree of experience." Floyd, 569 So.2d at 1232. Opinion testimony of a lay witness is only permitted if it is based on what the witness has personally perceived. § 90.701, Fla....

...Accordingly, it was also error to allow Walker's opinion that there was nothing Nodine could have done to avoid the accident. Furthermore, both eye-witnesses testified as to what they perceived without difficulty. Applying the conditions set out in section 90.701, the opinion testimony of these witnesses was unnecessary to communicate what they had perceived....

...Whether appellee's live testimony would be cumulative would be determined by the trial court at that time, under Geiger. ANSTEAD and GLICKSTEIN, JJ., concur. STONE, J., dissents with opinion. STONE, Judge, dissenting. I would affirm, deeming any errors harmless. NOTES [1] Prior to adoption of section 90.701 in 1979, the general common law rule precluded lay witnesses from testifying in the form of an opinion or inference. Law Review Council Note, § 90.701, Fla....

...recover a casing from a crime scene, even though a shooting occurred. This testimony was irrelevant and it served to improperly bolster the State’s case. We do not believe that any error occurred in the admission of Officer Aro-cha’s testimony. Section 90.701, Florida Statutes (2012), governs the opinion testimony of lay witnesses....

...ces or opinions and the witness’s use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and (2) The opinions and inferences do not require a special knowledge, skill, experience, or training. See § 90.701, Fla....

...A careful reading of the two early Oklahoma cases cited by Judge Campbell in his dissenting opinion indicates that it was the competency of the owners’ testimony which was in issue in those cases. Further, Mr. McClung’s testimony would not have been admissible under section 90.701, Florida Statutes (1979), 1 because it did not meet the requirements of subsection (1) thereof....

...ft unless the state within thirty days of our mandate signifies its intention to retry appellant for grand theft, in which, event the court should entirely set aside the prior conviction. SCHEB, C. J., concurs. CAMPBELL, J., dissents with opinion. . 90.701 Opinion testimony of lay witnesses....

...State, 579 So.2d 264 (Fla. 2d DCA 1991). (b) The trial court properly admitted the testimony of the complainant-law enforcement' officer that had he not jumped out of the way, the defendant would have struck him with the car which the defendant was driving directly at him. § 90.701(1), Fla.Stat....

...pe” as was purchased from Office Depot, not as expressing an opinion that the duct tape was from the particular roll purchased by Cole. This opinion that the two tape samples were the same type of tape, is a permissible lay opinion under section 90.701, Florida Statutes (2007)....

...erences or opinions and the witness’s use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and (2) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701, Fla....

...Morris to testify he bought the ring because, "I felt like it was stolen ... I was going to have it traced to see if it was." Mr. Morris' statement was improper lay opinion testimony, since it was not demonstrably based upon anything perceived by the witness. Section 90.701, Fla....

...not mislead the trier of fact to the prejudice of the objecting party; and (2) The opinions and inferences do not require a special knowledge, skill, experience, or training. 5 § 90.701, Fla....

PER CURIAM. Affirmed. Spencer v. State, 133 So.2d 729, 731 (Fla.1961), cert. denied, 372 U.S. 904 , 83 S.Ct. 742 , 9 L.Ed.2d 730 (1963); § 90.701, Fla.Stat....

...However, when a defendant attempts to mislead or delude the jury about his prior convictions, the State is entitled to further question the defendant concerning the convictions in order to negate any false impression”) (citations omitted); McDade v. State, 290 So. 3d 547, 547 n.1 (Fla. 3d DCA 2019) (same). See also § 90.701, Fla....

...However, when a defendant attempts to mislead or delude the jury about his prior convictions, the State is entitled to further question the defendant concerning the convictions in order to negate any false impression”) (citations omitted); McDade v. State, 290 So. 3d 547, 547 n.1 (Fla. 3d DCA 2019) (same). See also § 90.701, Fla....

himself, it may have been admissible under section 90.701. A lay witness' testimony is admissible if

based upon anything perceived by the witness. Section 90.701, Fla.Stat. (1989). While Somerville’s knowledge

...esponse to a prosecutor’s question that was clearly not calculated to elicit the improper response. 1 In the second, the prosecutor asked a key eyewitness for a lay opinion. Under the circumstances, we believe the lay opinion was admissible. See §§ 90.701; 90.703, Fla....

...2 Because Durant did not see a knife in Santiago’s hand during the alleged stabbing, or see the knife enter and exit the victim’s body; the defense argued that Durant’s conclusion that he had witnessed Santiago stab his friend constituted improper speculation. We disagree. Section 90.701, Florida Statutes, allows an eyewitness to explain “what he or she perceived ......

...In this case, the State laid -a sufficient foundation for the deputy’s identification of the substance found in R.C.’s book bag as marijuana based on the deputy’s experience and training. See Floyd v. State, 569 So.2d 1225, 1232 (Fla.1990) (discussing the limitations on lay opinion testimony imposed by section 90.701, Florida Statutes and concluding that “[l]ay witness opinion testimony is admissible if it is within the ken of an intelligent person with a degree of experience”); Dean, 406 So.2d at 1164 (holding that a law enforcement officer’...

...he deputy's identification of the substance found in R.C.'s book bag as marijuana based on the deputy's experience and training. See Floyd v. State, 569 So. 2d 1225, 1232 (Fla. 1990) (discussing the limitations on lay opinion testimony imposed by section 90.701, Florida Statutes and concluding that "[l]ay witness opinion testimony is admissible if it is within the ken of an intelligent person with a degree of experience"); Dean, 406 So....

...It is clear that neither witness saw the vehicle prior to Jackson’s vehicle impacting Brazeau’s vehicle. The conclusion of one passenger that Brazeau had to be speeding based upon the crash damage caused to Castro’s vehicle was not competent evidence because the passenger was not qualified as an expert. See § 90.701(2), Fla....

...at appellant and the other boy were acting as “lookouts” for W.C. *926 We reverse the conviction for petit theft because the testimony by the neighbor that T.C. was a “lookout” was improper opinion evidence and should not have been admitted. § 90.701, Fla.Stat....

or exclusion of lay opinion is governed by section 90.701, Florida Statutes. The statute allows a lay

knowledge, skill, experience or training. § 90.701, Fla. Stat. (2013). “However, ‘[w]hen factual

...even though the declarant is available as a witness: (2) Excited utterance. — A statement or excited utterance relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. Section 90.701 Florida Statutes (1999) provides: Opinion testimony of lay witnesses....

...In his trial for first-degree murder, appellant defended on the ground of self-defense. The trial court ruled that a witness could not testify that appellant looked fearful when approached by the victim. Because the witness's testimony was admissible pursuant to section 90.701, Florida Statutes, and we cannot find the error in failing to admit it harmless beyond a reasonable doubt, we reverse....

...nferences or opinions and the witness's use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and (2) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701, Fla....

...rson's undisclosed intent or motive. Id. The trial court abused its discretion by preventing Byrd from testifying that Bryant appeared fearful, because the evidence was both admissible and relevant to his self-defense claim. Under the first prong of section 90.701, the description was necessary for Byrd to adequately communicate her observations, and the testimony would not have misled the jury....

...1992)) (emphasis added). Appellant argues that Officer Michener was a lay witness not qualified to give specialized opinion testimony under section 90.702, Florida Statutes, and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Section 90.701, Florida Statutes, describes when lay witnesses may give opinion testimony: If a witness is not testifying as an expert, the witness’s testimony about what he or she perceived may be in the form of inference and opinion...

...3d 5 DCA 2016) (quoting Paul F. Rothstein, Fed. Rules of Evidence Rule 701 (3d ed.)). Here, the officer’s testimony could not have been intelligently presented without admitting his answers regarding Diesel’s asserted abilities. But under section 90.701, Florida Statutes, the question is, first, was he required to “communicate ....

...A jury could believe or disbelieve the officer’s testimony, as his lay opinions were not unreasonably expressed or based on any esoteric knowledge or techniques that could not be readily discredited on cross-examination. The second question we must answer under section 90.701, Florida Statutes, is whether the officer’s testimony contained any “special knowledge, skill, experience, or training.” If so, a defense objection would have been properly sustained under the statute. Federal courts have a...

So. 2d 1225, 1231–32 (Fla. 1990)). However, section 90.701, Florida Statutes (2019), provides an exception

...2d 826, 831 (Fla. 4th DCA 1996) (“In general, lay witnesses have been permitted not only to testify as to their observations of a defendant’s acts, conduct, appearance and statements, but also to give opinion testimony of impairment based on their observations.”); see also § 90.701, Fla....

...road condition, and the coefficient of friction. Brown v. State, 477 So.2d 609 (Fla. 1st DCA 1985). And testimony of a lay witness may be in the form of opinion or inference only when special knowledge, experience, skill or training is not required. Section 90.701, Florida Statutes....

...competent at this time_” Neither document should have been considered by the trial court in deciding the competency of Anna Beck. Both are opinion testimony of lay witnesses, and should have been excluded from the trial court’s consideration by section 90.701, Florida Statutes (1985)....

...1992)) (emphasis added). Appellant argues that Officer Michener was a lay witness not qualified to give specialized opinion testimony under section 90.702, Florida Statutes, and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Section 90.701, Florida Statutes, describes when lay witnesses may give opinion testimony: If a witness is not testifying as an expert, the witness’s testimony about what he or she perceived may be in the form of inference and opi...

...3d 252, 256-57 (Fla. 3d DCA 2016) (quoting Paul F. Rothstein, Fed. Rules of Evidence Rule 701 (3d ed.)). Here, the officer’s testimony could not have been intelligently presented without admitting his answers regarding Diesel’s asserted abilities. But under section 90.701, Florida Statutes, the question is, first, was he required to “communicate ....

...A jury could believe or disbelieve the officer’s testimony, as his lay opinions were not unreasonably expressed or based on any esoteric knowledge or techniques that could not be readily discredited on cross-examination. The second question we must answer under section 90.701, Florida Statutes, is whether the officer’s testimony contained any “special knowledge, skill, experience, or training.” If so, a defense objection would have been properly sustained under the statute. Federal courts have a...

...4  mislead the trier of fact to the prejudice of the objecting party; and (2) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701, Fla....

...“Lay witness opinion testimony is admissible if it is within the ken of an intelligent person with a degree of experience.” Floyd, 569 So. 2d at 1232. Opinion testimony of a lay witness is only permitted if it is based on what the witness has personally perceived. § 90.701, Fla....

...about which his opinion is rendered.” Albers v. Dasho, 355 So. 2d 150, 153 (Fla. 4th DCA), cert. denied, 361 So. 2d 831 (Fla. 1978). Fino v. Nodine, 646 So. 2d 746, 748-49 (Fla. 4th DCA 1994) (alteration in original) (footnote omitted); see also § 90.701, Fla....

...To the extent that the plaintiff is arguing that witnesses cannot testify about the significance of sounds they heard, this argument is not consistent with the statute governing lay opinion testimony, which permits a witness to testify as to what he has personally perceived. See § 90.701, Fla....

...The statute does not limit perception to visual perception. Id. Indeed, in L.L., the officer’s opinion was based in part on the odor of the substance. L.L., 189 So. 3d at 259-60 (“Officer Munecas’s testimony was admissible lay opinion testimony under Section 90.701 because it was based on sufficient personal knowledge and his senses of sight and smell ....

...The trial court took adequate precautions to ensure that the guardian would not influence the child’s responses. Likewise there was no error in allowing one of the witnesses to testify that on one occasion the alleged victim “smelled like sex.” Lay opinions are permissible under the rules of evidence. § 90.701(1), Fla.Stat....

...opinions and the witness’s use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and (2) The opinions and inferences do not require a special knowledge, skill, experience, or training. § 90.701, Fla....

...In Vil-saint, a police detective authenticated the defendant’s voice on a tape recording based upon a brief face-to-face interview during which the defendant spoke only thirty-six words, most of which were “yes” or “no.” 127 So.3d at 649 . Rather than authenticity, the evidentia-ry error in Evans involved section 90.701, Florida Statutes, which addresses the circumstances under which lay opinion testimony is admissible....

...timony under the Florida code, the elimination of this implied predicate would authorize a more liberal rule for the admission of lay testimony under Florida law, not the contrary as the dissent implies. The dissent also makes a vague assertion that section 90.701 and federal rule 701 have been “interpreted differently.” Because Evans does not mention either section 90.701 or any federal precedents, we assume the dissent’s argument is that federal precedents construing rule 701 were implicitly rejected in Evans ....

...As witnesses, under Evans , it was not inappropriate for the jury to receive their lay opinions. Even if the officers here were not “eyewitnesses,” as contemplated by Evans , we view this as a “prior special famil *652 iarity” case. What this means in the context of section 90.701 is that, prior to trial, the identification witness must have gained familiarity with the defendant that assists the witness in identifying him as the perpetrator and which the jury cannot itself acquire....

...experience-based opinion testimony. Because the officer’s opinion was based on his personal knowledge and perception and resulted from a process of everyday reasoning, we hold that the officer’s opinion was admissible as lay opinion testimony under Section 90.701, Florida Statutes. BACKGROUND This case is a typical marijuana possession case....

...The State counters by arguing the Daubert factors are “flexible and nonexhaustive.” However, we do not decide this case under Daubert’s expert opinion testimony framework because the admissibility of Officer Munecas’s experience-based testimony is more appropriately analyzed under Section 90.701. Section 90.701: Lay Opinion Testimony We begin with the text of Section 90.701, Florida Statutes: 90.701....

...e, or training. L.L. argues that Officer Munecas’s testimony cannot be lay opinion testimony because it requires “specialized knowledge.” We disagree. Similar to 9 its federal counterpart, Section 90.701 forbids lay opinion testimony that requires “special knowledge, skill, experience, or training.” Of course, “[a]ll lay witnesses have some specialized knowledge—knowledge relevant to the case that is not common to everyone ....

...Indeed, that is why all witnesses—lay or expert—are called: to get what they know about the case that other people do not.” Paul F. Rothstein, Fed. Rules of Evidence Rule 701 (3d ed.). The text of the Federal Rules offers more guidance than does Section 90.701 because it specifies that lay opinion testimony is not based on “specialized knowledge within the scope of Rule 702.” Fed....

...The lay witness may not rely on hearsay in forming an opinion, but the witness may base the opinion on what the witness has perceived.” (citing Somerville v. State, 626 So. 2d 1070 (Fla. 1st DCA 1993))); Barnes v. State, 415 So. 2d 1280, 1283 (Fla. 2d DCA 1982) (“Section 90.701, Florida Statutes (1979), allows opinions of lay witnesses only when based upon what the witness has ‘perceived.’”). Here, Officer Munecas’s opinion is based solely on his personal, firsthand knowledge and what he perceived....

...Edward J. Imwinkelried, Distinguishing Lay from Expert Opinion: The Need to Focus on the Epistemological Differences Between the Reasoning Processes Used by Lay and Expert Witnesses, 68 SMU L. Rev. 73, 104 (2015). 15 perceptions, section 90.701, Florida Statutes, but the witness must have sufficient personal knowledge to support the opinion....

...For the reasons outlined above, we conclude the trial court did not abuse its discretion in admitting Officer Munecas’s marijuana identification testimony in this case. Officer Munecas’s testimony was admissible lay opinion testimony under Section 90.701 because it was based on sufficient personal knowledge and his senses of sight and smell, and it was arrived at through a process of everyday reasoning....

...During his adjudicatory hearing, the state offered one of the officers as an expert on street level drug deals. D.R.C.’s attorney objected that the officer could not qualify as an expert. The trial court agreed, but allowed the officer to give a “lay” opinion. See § 90.701, Fla.Stat....

...having just purchased the cocaine as a user. There was no other evidence offered to prove that D.R.C. was a seller or had the intent to sell cocaine. First, the trial court erred when it allowed the officer to give a lay opinion that D.R.C. was a seller of cocaine. Section 90.701 allows a lay witness to testify using opinions or inferences when the witness cannot otherwise communicate accurately and fully what he or she perceived, or when the opinion is not one that requires expert testimony....

police experience. See Floyd, 569 So.2d at 1232; § 90.701, Fla. Stat. (2004). Therefore, defense counsel’s

...The state argues that the trial court properly allowed the testimony of the witnesses with regard to the surveillance video because the evidence adduced at trial established that the two witnesses had seen the defendant many times- and were familiar *292 with her gait and physical characteristics. We agree with the state. Section 90.701, Florida Statutes (2013), governs opinion testimony of lay witnesses and provides: If a witness is not testifying as an expert, the witness’s testimony about what he or she perceived may be in the form of inference and opinion when:...