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Florida Statute 90.704 | Lawyer Caselaw & Research
F.S. 90.704 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.704
90.704 Basis of opinion testimony by experts.The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, the expert at or before the trial. If the facts or data are of a type reasonably relied upon by experts in the subject to support the opinion expressed, the facts or data need not be admissible in evidence. Facts or data that are otherwise inadmissible may not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert’s opinion substantially outweighs their prejudicial effect.
History.s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 495, ch. 95-147; s. 2, ch. 2013-107.

F.S. 90.704 on Google Scholar

F.S. 90.704 on Casetext

Amendments to 90.704


Arrestable Offenses / Crimes under Fla. Stat. 90.704
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.704.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CRUZ, v. STATE, 262 So. 3d 244 (Fla. App. Ct. 2018)

. . . Although the legislature amended sections 90.702 and 90.704, Florida Statutes (2013), to replace the . . .

CROWN DIVERSIFIED INDUSTRIES CORP. v. PRENDIVILLE,, 263 So. 3d 103 (Fla. App. Ct. 2018)

. . . Powers's testimony stem from the evidentiary requirements set forth in sections 90.704 and 440.09(1). . . .

NORTHROP GRUMMAN SYSTEMS CORPORATION, v. F. BRITT,, 226 So. 3d 1059 (Fla. Dist. Ct. App. 2017)

. . . embroiled in the legislative amendments to the Florida Evidence Code (amending sections 90.702 and 90.704 . . . Applying the more rigorous standard, Daubert and its codification in sections 90.702 and 90.704, the . . .

NORTHROP GRUMMAN SYSTEMS CORPORATION, v. F. BRITT,, 241 So. 3d 208 (Fla. App. Ct. 2017)

. . . embroiled in the legislative amendments to the Florida Evidence Code (amending sections 90.702 and 90.704 . . . Applying the more rigorous standard, Daubert and its codification in sections 90.702 and 90.704, the . . .

IN RE AMENDMENTS TO FLORIDA EVIDENCE CODE, 210 So. 3d 1231 (Fla. 2017)

. . . and 2, Laws of Florida (Daubert Amendment), which amended sections 90.702 (Testimony by experts) and 90.704 . . . recommendation and decline to adopt, to the extent they are procedural, the changes to sections 90.702 and 90.704 . . . DISCUSSION Daubert Amendment The Daubert Amendment amended sections 90.702 and 90.704, Florida Statutes . . . Next, the Legislature amended section 90.704 as follows: The facts or data upon which an expert bases . . .

CALLOWAY, v. STATE, 210 So. 3d 1160 (Fla. 2017)

. . . . § 90.704, Fla. Stat. (1997). . . .

DOCTORS COMPANY, M. D. v. PLUMMER, B. A. P. L. J. P., 210 So. 3d 711 (Fla. Dist. Ct. App. 2017)

. . . See § 90.704, Fla. Stat. (2014). . . .

JONES, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 834 F.3d 1299 (11th Cir. 2016)

. . . . § 90.704 (“The facts or data upon which an expert bases an opinion or inference may be those perceived . . .

L. ANDREWS, v. STATE, 181 So. 3d 526 (Fla. Dist. Ct. App. 2015)

. . . However, beginning July 1, 2013, the Florida Legislature amended sections 90.702 and 90.704 of the Florida . . .

ROSARIO, v. STATE, 175 So. 3d 843 (Fla. Dist. Ct. App. 2015)

. . . See § 90.704, Fla. Stat. (2013). . . . Section 90.704, Florida Statutes, which governs the basis of opinion testimony by experts, provides as . . . The Florida Supreme Court has specifically concluded that section 90.704 permits a medical expert to . . . For the surrogate medical examiner’s testimony to be admissible, it must satisfy both section 90.704 . . . Gara-vaglia’s qualifications or argue that her testimony would violate section .90.704. . . .

Z. BROOKS, v. STATE Z. v. L., 175 So. 3d 204 (Fla. 2015)

. . . We held that under section 90.704, .Florida Statutes (1987), a medical examiner may, in his or her expert . . .

J. J. v. AGENCY FOR PERSONS WITH DISABILITIES,, 174 So. 3d 372 (Fla. Dist. Ct. App. 2014)

. . . Section 90.704, Florida Statutes (2013), “Basis of Opinion testimony by experts,” provides: The facts . . .

PEREZ, v. BELL SOUTH TELECOMMUNICATIONS, INC., 138 So. 3d 492 (Fla. Dist. Ct. App. 2014)

. . . (revisions emphasized). .That this is so is further confirmed by an amendment made to section 90.704 . . . As of July 1, 2013, section 90.704 was amended to read: The facts or data upon which an expert bases . . .

STATE SECURITY SERVICE, INC. v. GIANGRANDI,, 132 So. 3d 1128 (Fla. Dist. Ct. App. 2013)

. . . Section 90.704, Florida Statutes (2012), also specifically provides that: The facts or data upon which . . . Section 90.704 and the case law applying this statute have broadened the basis of expert opinion to include . . . 452, 454-55 (Fla. 4th DCA 1997) (relying on this Court’s analysis in Bender and holding that section 90.704 . . .

CODDINGTON v. NUNEZ,, 151 So. 3d 445 (Fla. Dist. Ct. App. 2013)

. . . evidence, [the expert] still could have relied on the test to give his opinion .... ”); see also § 90.704 . . .

DAVIS, v. STATE, 121 So. 3d 462 (Fla. 2013)

. . . Section 90.704, Florida Statutes (2009), provides: The facts or data upon which an expert bases an opinion . . . “of a type reasonably relied upon by experts in [her] subject to support the opinion expressed.” § 90.704 . . .

JOHNSON, v. STATE, 104 So. 3d 1010 (Fla. 2012)

. . . Fossum, 946 So.2d 1032, 1036 (Fla.2006) (quoting § 90.704, Fla. Stat. (2005)). . . .

BANMAH, v. STATE, 87 So. 3d 101 (Fla. Dist. Ct. App. 2012)

. . . Capehart relied on section 90.704, Florida Statutes (1987), which provided that an expert may, in forming . . . another, where such information is of a type reasonably relied upon by experts in the field); accord § 90.704 . . .

DUSS, A v. A. GARCIA, M. D. P. A. a, 80 So. 3d 358 (Fla. Dist. Ct. App. 2012)

. . . . § 90.704, Fla. Stat. (2010). . . .

SPECIAL, v. BAUX, M. D. M. D. P. A. P. L., 79 So. 3d 755 (Fla. Dist. Ct. App. 2011)

. . . Dildy a type of fact that could bear on his opinion under section 90.704, Florida Statutes (2009). . . .

V. C. a v. STATE, 63 So. 3d 831 (Fla. Dist. Ct. App. 2011)

. . . Section 90.704, Florida Statutes (2009), provides that an expert may base his or her opinion on facts . . .

DUFOUR, v. STATE, 69 So. 3d 235 (Fla. 2011)

. . . In forming opinions, experts can rely on information which is not itself admissible, under section 90.704 . . .

VEGA, v. STATE FARM MUTUAL AUTOMOBILE,, 45 So. 3d 43 (Fla. Dist. Ct. App. 2010)

. . . Section 90.704, Florida Statutes (2009), makes this clear by providing that facts or data upon which . . .

SMITH, v. STATE, 28 So. 3d 838 (Fla. 2009)

. . . Pursuant to sections 90.704-.705, Florida Statutes (2005), Dr. . . . Since sections 90.704-.705 permit expert opinion without disclosure of the facts or data upon which the . . . Section 90.704, Florida Statutes (2005), further provides guidelines for the data upon which an expert . . .

H. MULLINS, D. M. D. v. TOMPKINS,, 15 So. 3d 798 (Fla. Dist. Ct. App. 2009)

. . . provided to an expert witness become discoverable if used as a basis for the expert’s opinion, see §§ 90.704 . . .

DORBAD, v. STATE, 12 So. 3d 255 (Fla. Dist. Ct. App. 2009)

. . . Section 90.704, Florida Statutes (2006), governs the use of expert testimony and provides in pertinent . . .

SMITH, v. STATE, 7 So. 3d 473 (Fla. 2009)

. . . Section 90.704, Florida Statutes (2007), permits an expert to base an opinion on inadmissible facts or . . .

BUNCHE, v. STATE, 5 So. 3d 38 (Fla. Dist. Ct. App. 2009)

. . . .” § 90.704, Fla. Stat. . . .

BIGHAM, v. STATE, 995 So. 2d 207 (Fla. 2008)

. . . . § 90.704, Fla. Stat. (2005). . . .

TYRRELL, v. STATE, 975 So. 2d 615 (Fla. Dist. Ct. App. 2008)

. . . See § 90.704, Fla. Stat. (2007); Dozier v. . . .

J. V. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 967 So. 2d 354 (Fla. Dist. Ct. App. 2007)

. . . opinion expressed, the facts or data need not be admissible in evidence.’ ” Id. at 1048 (quoting § 90.704 . . . facts or data are a type reasonably relied upon by experts in the subject.’ ” Id. at 1033 (quoting § 90.704 . . .

AINSWORTH, v. KLI, INC. KLI, 967 So. 2d 296 (Fla. Dist. Ct. App. 2007)

. . . . § 90.704, Fla. Stat. (2006); Fridovich v. . . .

J. MASTERS, v. STATE, 958 So. 2d 973 (Fla. Dist. Ct. App. 2007)

. . . Shaw to establish his reliance on the reports in performing his evaluation under section 90.704, Masters . . . Section 90.704, Florida Statutes Even if Masters had preserved this argument, he ignores the fact that . . . the State sought to admit testimony regarding the disciplinary reports under section 90.704, Florida . . . Even though this testimony was not specific enough to meet the predicate required under section 90.704 . . .

LINN, v. D. FOSSUM, M. D., 946 So. 2d 1032 (Fla. 2006)

. . . .” § 90.704, Fla. Stat. (2005). . . . Section 90.704, which was modeled after Federal Rule of Evidence 703, significantly expanded the facts . . . Before the adoption of section 90.704, with limited exceptions, an expert’s opinion was admissible at . . . Initially, we note that by- its plain terms section 90.704 is restricted to “facts or data reasonably . . . Yancey & Sons Dairy, Inc., 438 So.2d 891, 893 (Fla. 2d DCA 1983) (concluding that section 90.704 “does . . . Section 90.704, Florida Statutes (2005), states: The facts or data upon which an expert bases an opinion . . . Soon after the adoption of section 90.704, the Third District Court of Appeal correetly observed that . . . State, 472 So.2d 1370, 1372 (Fla. 3d DCA 1985) (quoting § 90.704, Fla. Stat. . . . majority, without citing to any authority, asserts in its opinion that “by its plain terms section 90.704 . . .

DOCTORS COMPANY, v. STATE DEPARTMENT OF INSURANCE, 940 So. 2d 466 (Fla. Dist. Ct. App. 2006)

. . . discovering the foundation of an expert’s opinion, must be considered in connection with those of section 90.704 . . . Section 90.704 states in part that “[t]he facts or data upon which an expert bases an opinion or inference . . . See § 90.704, Fla. . . .

HAYES, v. WAL- MART STORES, INC,, 933 So. 2d 124 (Fla. Dist. Ct. App. 2006)

. . . Section 90.704, Florida Statutes (2005), provides: The facts or data upon which an expert bases an opinion . . .

SCHOENWETTER, v. STATE, 931 So. 2d 857 (Fla. 2006)

. . . Section 90.704, Florida Statutes (2000), provides that an expert is permitted to express an opinion on . . . However, this Court held that under section 90.704, a medical examiner may testify relying on facts or . . .

KING, v. AUTO SUPPLY OF JUPITER, INC., 917 So. 2d 1015 (Fla. Dist. Ct. App. 2006)

. . . basis for her order denying the requested attendant care, turns on a proper interpretation of section 90.704 . . .

ORPE, v. CARNIVAL CORPORATION, 909 So. 2d 929 (Fla. Dist. Ct. App. 2005)

. . . Seaboard Coast Line R.R., 429 So.2d 1216, 1222 (Fla. 1st DCA 1983); § 90.704, Fla. Stat. (2004). . . .

C. W. v. DEPT. OF CHILDREN FAMILY SERVICES,, 904 So. 2d 588 (Fla. Dist. Ct. App. 2005)

. . . Section 90.704, Florida Statutes (2004), provides that: If the facts or data are of a type reasonably . . .

FRIED, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,, 904 So. 2d 566 (Fla. Dist. Ct. App. 2005)

. . . Under sections 90.704 and 90.705, Florida Statutes, an expert may state his or her opinion without setting . . .

LINN v. D. FOSSUM, M. D. M. M. D., 894 So. 2d 974 (Fla. Dist. Ct. App. 2004)

. . . The Linns acknowledge that under section 90.704, Florida Statutes, the facts or data relied upon by an . . . Fos-sum’s view of section 90.704. . . . By quite straightforward analogy, the rule in Sikes is that under section 90.704, an expert may not pin . . . The Fourth District has also delineated the appropriate scope of section 90.704. In Schwarz v. . . . Conclusion I conclude that section 90.704 is a practical rule that allows experts testifying in court . . . . § 90.704, Fla. Stat. (2003). . . . Section 90.704 enables a party to present an expert opinion that is based in part on a hearsay statement . . . It is true that section 90.704 does not authorize the admission of an opinion that is based exclusively . . .

ANDERSON, Jr. v. STATE, 863 So. 2d 169 (Fla. 2003)

. . . . § 90.704, Fla. Stat. (1999). . . .

D. LEE, v. STATE, 854 So. 2d 709 (Fla. Dist. Ct. App. 2003)

. . . See § 90.704, Fla. Stat. (1999); Riggins v. . . .

GENERAL MOTORS CORPORATION, a v. J. McGEE, a J. J. a a, 837 So. 2d 1010 (Fla. Dist. Ct. App. 2002)

. . . Section 90.704, Florida Statutes (2001), provides that an expert may base his opinion on “facts or data . . .

CARRATELLI, v. STATE, 832 So. 2d 850 (Fla. Dist. Ct. App. 2002)

. . . The trial judge’s handling of Allen’s testimony is a textbook example of how section 90.704, Florida . . . Citing to section 90.704, the first district rejected this argument, because the sources of information . . . The essence of Riggins is that section 90.704 “does not ‘typically permit an expert to render an opinion . . . An example of improper bolstering under section 90.704 occurs when an accident reconstruction expert . . . (quoting § 90.704, Fla. Stat. (1987)). . . .

GLENN, v. STATE, 824 So. 2d 1046 (Fla. Dist. Ct. App. 2002)

. . . qualified as an expert witness on “field street narcotics to sell and simple possession” under section 90.704 . . .

STATE v. SERCEY,, 825 So. 2d 959 (Fla. Dist. Ct. App. 2002)

. . . impairment based on the presence of intoxicants such as alcohol and marijuana,” and that “under Section 90.704 . . . Section 90.704 provides: “The facts or data upon which an expert bases an opinion or inference may be . . .

H. EVANS, v. STATE, 808 So. 2d 92 (Fla. 2001)

. . . Evidence Code section 90.704, Florida Statutes (2001), provides: “The facts or data upon which an expert . . .

G. V. v. DEPARTMENT OF CHILDREN AND FAMILIES Ad, 795 So. 2d 1043 (Fla. Dist. Ct. App. 2001)

. . . Section 90.704, Florida Statutes (1998), provides: The facts or data upon which an expert bases an opinion . . .

FLORES, v. MIAMI- DADE COUNTY,, 787 So. 2d 955 (Fla. Dist. Ct. App. 2001)

. . . Under section 90.704, Florida Statutes (1999), “Experts may rely upon hearsay in forming their opinions . . .

J. DAVIS R. v. CATERPILLAR, INC. a Co. a, 787 So. 2d 894 (Fla. Dist. Ct. App. 2001)

. . . See § 90.704, Fla. Stat. (1999); see also Capehart v. . . .

SYSYN, v. STATE, 756 So. 2d 1058 (Fla. Dist. Ct. App. 2000)

. . . Sections 90.402; 90.403; 90.702; 90.704, Fla. Stat. (1987). . . .

KLOSTER CRUISE, LTD. d b a v. RENTZ,, 733 So. 2d 1102 (Fla. Dist. Ct. App. 1999)

. . . expert’s opinion on wind speed and direction was admissible even if the underlying data were not, see § 90.704 . . .

C. MEYER, v. A. CARUSO, M. D., 731 So. 2d 118 (Fla. Dist. Ct. App. 1999)

. . . and for directed verdict, the trial judge expressly cited Florida Evidence Code sections 90.702 and 90.704 . . . Section 90.704 adds that: “The facts or data upon which an expert bases an opinion or inference may be . . . Section 90.704, too, is not actually an exclusionary rule at all but instead merely provides that the . . . And just as important, there is nothing in sections 90.702, 90.704 or 766.102 that bars a medical expert . . . See §§ 90.702, 90.704 and 766.102. . . . .

ALSTON, v. STATE, 723 So. 2d 148 (Fla. 1998)

. . . Floro’s reliance on Coon’s antemortem dental records was permissible under section 90.704, Florida Statutes . . . Section 90.704, Florida Statutes (1995), provides: The facts or data upon which an expert bases an opinion . . .

ERWIN, v. TODD, 699 So. 2d 275 (Fla. Dist. Ct. App. 1997)

. . . Urbach could testify as to such medical records based on section 90.704, Florida Statutes (1995). . . . Section 90.704 provides: 90.704 Basis of opinion testimony by experts. — The- facts or data upon which . . . Under section 90.704, an expert is generally permitted to express opinions which are based, at least . . .

SCHWARZ, v. STATE, 695 So. 2d 452 (Fla. Dist. Ct. App. 1997)

. . . experts can rely, in forming their opmions, on information which is not itself admissible, under section 90.704 . . . Ann. § 90.704, at 216 (1979). Our statute is modeled after Federal Rule of Evidence 703. . . .

M. PIERCE, v. STATE, 718 So. 2d 806 (Fla. Dist. Ct. App. 1997)

. . . . § 90.704, Fla. Stat. (1995)(substantively identical to 1991 version). . . .

DEAN WITTER REYNOLDS, INC. v. M. CICHON,, 692 So. 2d 313 (Fla. Dist. Ct. App. 1997)

. . . Section 90.704, Florida Statutes (1995), permits an expert to rely on facts which have not been admitted . . .

E. GRAY v. RUSSELL CORPORATION,, 681 So. 2d 310 (Fla. Dist. Ct. App. 1996)

. . . Appellants’ assertion that Russell’s only concern giving rise to an objection based on section 90.704 . . . are of a type reasonably relied upon by experts in the subject to support the opinion expressed.” § 90.704 . . . if he found it admissible, despite its failure to meet the standard for admissibility under section 90.704 . . .

M. PIERCE, v. STATE, 671 So. 2d 186 (Fla. Dist. Ct. App. 1996)

. . . . § 90.704, Fla. Stat. (1991). . . .

GERALDS, v. STATE, 674 So. 2d 96 (Fla. 1996)

. . . . § 90.704, Fla.Stat. (1993); see Capehart v. . . .

DOMINO S PIZZA, v. E. GIBSON,, 668 So. 2d 593 (Fla. 1996)

. . . Section 90.704 further provides that facts or data relied upon by the expert to support the opinion expressed . . .

TERRY, v. STATE, 668 So. 2d 954 (Fla. 1996)

. . . . § 90.704, Fla.Stat. (1993). . . .

FINKELSTEIN, a k a TOC v. DEPARTMENT OF TRANSPORTATION,, 656 So. 2d 921 (Fla. 1995)

. . . in facts and data reasonably relied upon by experts in the field of real property valuation, section 90.704 . . .

MAKLAKIEWICZ, v. BERTON,, 652 So. 2d 1208 (Fla. Dist. Ct. App. 1995)

. . . Section 90.704, Florida Statutes (1993), does not “typically permit an expert to render an opinion exclusively . . .

GAMBLE, v. STATE, 644 So. 2d 1376 (Fla. Dist. Ct. App. 1994)

. . . . § 90.704, Fla.Stat. (1991). . . .

FIRST UNION NATIONAL BANK OF FLORIDA, v. GOODWIN BEACH PARTNERSHIP,, 644 So. 2d 1361 (Fla. Dist. Ct. App. 1994)

. . . First Union cited section 90.704 of the Florida Evidence Code, which permits an expert witness to base . . .

JACKSON, v. STATE, 648 So. 2d 85 (Fla. 1994)

. . . See §§ 90.704, .705, Fla.Stat. (1991). . . .

EASLEY, v. STATE, 629 So. 2d 1046 (Fla. Dist. Ct. App. 1993)

. . . admissible is not objectionable because it includes an ultimate issue to be decided by the trier of fact. 90.704 . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. W. COX M., 627 So. 2d 1210 (Fla. Dist. Ct. App. 1993)

. . . See § 90.704, Fla.Stat. (1991). . . .

PENINSULA FEDERAL SAVINGS AND LOAN ASSOCIATION, n k a v. DKH PROPERTIES, LTD. a, 616 So. 2d 1070 (Fla. Dist. Ct. App. 1993)

. . . Under section 90.704, Florida Statutes (1991), “The facts or data upon which an expert bases an opinion . . .

YOUNG- CHIN, v. CITY OF HOMESTEAD, d b a M. D. M. D. P. A., 597 So. 2d 879 (Fla. Dist. Ct. App. 1992)

. . . on data on which other experts in the field rely, but which has not been admitted into evidence, § 90.704 . . .

DEMPSEY, v. SHELL OIL COMPANY, a J., 589 So. 2d 373 (Fla. Dist. Ct. App. 1991)

. . . As to data underlying an expert opinion, Section 90.704 states that the facts or data upon which an expert . . .

FLANAGAN, v. STATE, 586 So. 2d 1085 (Fla. Dist. Ct. App. 1991)

. . . This approach appears to be altogether consistent with Section 90.704, Florida Statutes (1985), permitting . . .

CAPEHART, v. STATE, 583 So. 2d 1009 (Fla. 1991)

. . . Section 90.704, Florida Statutes (1987), provides that an expert may rely on facts or data not in evidence . . .

MARKS, v. S. MARKS,, 576 So. 2d 859 (Fla. Dist. Ct. App. 1991)

. . . Section 90.704, Florida Statutes (1989), provides: The facts or data upon which an expert bases an opinion . . . See also Sponsor’s Note to § 90.704, West’s Fla.Stat.Annot. at 216-17; C. . . .

BARBER, v. STATE, 576 So. 2d 825 (Fla. Dist. Ct. App. 1991)

. . . Section 90.704, Florida Statutes (1987) provides that: [t]he facts or data upon which an expert bases . . . [Sjection 90.704 and the modern cases recognize that the traditional constraints of the hearsay rule . . . Ann. § 90.704, at 216 (1979), must be permitted. . . .

HOLIDAY INNS, INC. a a a v. SHELBURNE, Co. d b a HOLIDAY INNS, INC. a a a v. G. RICE, G. Co. d b a, 576 So. 2d 322 (Fla. Dist. Ct. App. 1991)

. . . Sections 90.702 and 90.704, Florida Statutes (1989), provide: 90.702 Testimony by experts. — If scientific . . . form of an opinion; however, the opinion is admissible only if it can be applied to evidence at trial. 90.704 . . .

L. ROBINSON, v. STATE, 574 So. 2d 108 (Fla. 1991)

. . . . § 90.704, Fla.Stat. (1983). . . .

JACKSON, v. STATE, 553 So. 2d 719 (Fla. Dist. Ct. App. 1989)

. . . Sections 90.402; 90.403; 90.702; 90.704, Fla.Stat. (1987). . . .

M. HARRISON F. Jr. v. SAVERS FEDERAL SAVINGS AND LOAN ASSOCIATION,, 549 So. 2d 712 (Fla. Dist. Ct. App. 1989)

. . . Sons Dairy, 438 So.2d 891, 893 (Fla. 2d DCA 1983), review denied, 447 So.2d 885 (Fla.1984) (Section 90.704 . . .

DEPARTMENT OF CORRECTIONS, STATE OF FLORIDA, v. WILLIAMS,, 549 So. 2d 1071 (Fla. Dist. Ct. App. 1989)

. . . Section 90.704, provides: The facts or data upon which an expert bases an opinion or inference may be . . . State, 472 So.2d 1370 (Fla. 3d DCA 1985); § 90.704, Fla.Stat. . . . In reversing the conviction, the court, relying on section 90.704, held that the hearsay rule poses no . . .

RIGGINS, v. MARINER BOAT WORKS, INC., 545 So. 2d 430 (Fla. Dist. Ct. App. 1989)

. . . The trial court permitted this testimony because section 90.704, Florida Statutes (1987), permits an . . . understand the police officer’s testimony concerning an odor of alcohol, we do not believe that section 90.704 . . .

T. KURYNKA, v. TAMARAC HOSPITAL CORPORATION, INC. a d b a E. M. D. E. M. D. P. A., 542 So. 2d 412 (Fla. Dist. Ct. App. 1989)

. . . Assuming the hospital records themselves are properly authenticated, neither section 90.704, Florida . . . State, 472 So.2d 1370 (Fla.3d DCA 1985); § 90.704, Fla.Stat. . . .

NCNB NATIONAL BANK OF FLORIDA, v. FLORIDA INSURANCE GUARANTY ASSOCIATION,, 541 So. 2d 728 (Fla. Dist. Ct. App. 1989)

. . . We find his testimony in that regard was competent and admissible pursuant to sections 90.703 and 90.704 . . .

SMITHSON, v. V. M. S. REALTY, INC., 536 So. 2d 260 (Fla. Dist. Ct. App. 1988)

. . . Couvertier, 409 So.2d 1174 (Fla. 3d DCA 1982); § 90.704, Fla. . . .

HUNGERFORD, v. C. MATHEWS,, 511 So. 2d 1127 (Fla. Dist. Ct. App. 1987)

. . . consideration of whether the testimony of the local expert doctor was also admissible under section 90.704 . . . circumstances of this case, that the evidence here under consideration was also admissible under section 90.704 . . . In so concluding, we are not unmindful that section 90.704 should not be used to subvert other evidentiary . . .

ROBINSON, O- v. A. HUNTER,, 506 So. 2d 1106 (Fla. Dist. Ct. App. 1987)

. . . Florida Evidence Code § 90.704 specifically permits an expert to base an opinion upon facts or data of . . .

BURNHAM, v. STATE, 497 So. 2d 904 (Fla. Dist. Ct. App. 1986)

. . . State, 472 So.2d 1370 (Fla. 3d DCA 1985); § 90.704, Fla.Stat. (1983). . . . give an opinion based upon the facts in the record, based upon other information authorized by section 90.704 . . . Rather than allowing appellant to do so as dictated by section 90.704, and section 90.705, Florida Statutes . . .

GULF POWER COMPANY, v. KAY, 493 So. 2d 1067 (Fla. Dist. Ct. App. 1986)

. . . objectionable because it includes an ultimate issue to be decided by the trier of fact,” and section 90.704 . . .

HERNANDEZ v. PINO, D. D. S. a, 482 So. 2d 450 (Fla. Dist. Ct. App. 1986)

. . . However, it should be noted that under § 90.704 the basis of an expert’s testimony does not have to be . . .

JOHNSON, v. STATE, 478 So. 2d 885 (Fla. Dist. Ct. App. 1985)

. . . State, 289 So.2d 725, 728-29 (Fla.1974), or vitiated by Section 90.704, Florida Statutes (1983). . . .

PANTRY PRIDE v. HAYES, Jr., 477 So. 2d 20 (Fla. Dist. Ct. App. 1985)

. . . Phillips, 368 So.2d 98 (Fla. 3d DCA 1979); §§ 90.703, 90.704, Fla.Stat. (1983); § 440.39(3)(a), Fla.Stat . . .

M CORPORATION- McGHAN MEDICAL REPORTS DIVISION, v. BROWN,, 475 So. 2d 994 (Fla. Dist. Ct. App. 1985)

. . . The court’s stated reason for allowing the study to come into evidence was Section 90.704, Florida Statutes . . .

BENDER, v. STATE, 472 So. 2d 1370 (Fla. Dist. Ct. App. 1985)

. . . .” § 90.704, Fla.Stat. (1983). . . . Thus, Section 90.704 and the modern eases recognize that the traditional constraints of the hearsay rule . . . of court and other than by his own perception,” Law Revision Council Note (1976), 6C Fla.Stat.Ann. § 90.704 . . .

STATE OF FLORIDA v. BURKARD, 6 Fla. Supp. 2d 46 (Palm Beach Cty. Ct. 1983)

. . . Gragor’s opinion under Sections 90.704 and 90.705(1), FLA. STAT. . . .

L. T. WILLIAMS, v. STATE, 431 So. 2d 314 (Fla. Dist. Ct. App. 1983)

. . . . § 90.704, Fla.Stat. (1979); see Quinn v. Millard, 358 So.2d 1378 (Fla. 3d DCA 1978). . . .

SIKES, v. SEABOARD COAST LINE RAILROAD COMPANY, a, 429 So. 2d 1216 (Fla. Dist. Ct. App. 1983)

. . . Section 90.704, Florida Statutes, states: The facts or data upon which an expert bases an opinion or . . .