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Florida Statute 90.705 | Lawyer Caselaw & Research
F.S. 90.705 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 90.705

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.705
90.705 Disclosure of facts or data underlying expert opinion.
(1) Unless otherwise required by the court, an expert may testify in terms of opinion or inferences and give reasons without prior disclosure of the underlying facts or data. On cross-examination the expert shall be required to specify the facts or data.
(2) Prior to the witness giving the opinion, a party against whom the opinion or inference is offered may conduct a voir dire examination of the witness directed to the underlying facts or data for the witness’s opinion. If the party establishes prima facie evidence that the expert does not have a sufficient basis for the opinion, the opinions and inferences of the expert are inadmissible unless the party offering the testimony establishes the underlying facts or data.
History.s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 496, ch. 95-147.

F.S. 90.705 on Google Scholar

F.S. 90.705 on Casetext

Amendments to 90.705


Arrestable Offenses / Crimes under Fla. Stat. 90.705
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.705.



Annotations, Discussions, Cases:

Cases from cite.case.law:

TOOLE, v. STATE, 270 So. 3d 371 (Fla. App. Ct. 2019)

. . . . § 90.705(2) (2014) (providing that if the defendant "establishes prima facie evidence that the expert . . .

RODRIGUES, v. STATE, 142 So. 3d 901 (Fla. Dist. Ct. App. 2014)

. . . Wal-Mart Stores, Inc., 933 So.2d 124, 127 (Fla. 4th DCA 2006); see also § 90.705(1), Fla. . . .

SNELGROVE, v. STATE, 107 So. 3d 242 (Fla. 2012)

. . . .); see also § 90.705(1), Fla. . . .

SUNBEAM TELEVISION CORPORATION, v. A. MITZEL,, 83 So. 3d 865 (Fla. Dist. Ct. App. 2012)

. . . Section 90.705 Florida Statutes (1989), states that if a “party establishes prima facie evidence that . . .

COX, v. ST. JOSEPHS HOSPITAL,, 71 So. 3d 795 (Fla. 2011)

. . . See also § 90.705(2), Fla. . . .

MITSUBISHI MOTORS CORPORATION, v. LALIBERTE, T., 52 So. 3d 31 (Fla. Dist. Ct. App. 2010)

. . . testimony and Plaintiffs may request a voir dire examination of the expert under Florida Statute § 90.705 . . .

SPECIAL, v. BAUX, M. D. M. D. P. A. P. L., 52 So. 3d 682 (Fla. Dist. Ct. App. 2010)

. . . .§ 90.705(1), Fla. . . . The Ascent of Man (episode 4, Fires, Metals and Alchemy). . § 90.705(1), Fla. . . .

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

. . . inquire as to the basis supporting his opinion, he could have done so through cross-examination, section 90.705 . . . (1), or voir dire examination, section 90.705(2). . . .

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

. . . Section 90.705(1) permits the expert to testify without prior disclosure of the underlying facts or data . . .

DUEST, v. STATE, 12 So. 3d 734 (Fla. 2009)

. . . State, 608 So.2d 4, 10-11 (Fla.1992) and § 90.705(1), Fla. Stat.). . . .

HAWKER, v. STATE, 951 So. 2d 945 (Fla. Dist. Ct. App. 2007)

. . . for the change unless questioned regarding such on cross-examination under Florida Statutes section 90.705 . . .

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

. . . Appellee objected to his expert opinion testimony based on section 90.705(2), Florida Statutes (2005) . . . Schacht’s testimony was controlled by section 90.705(2), Florida Statutes (2005), which states: Prior . . . The provisions of section 90.705(2), relating to the procedure for discovering the foundation of an expert . . .

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

. . . Section 90.705(1) provides: (1) Unless otherwise required by the court, an expert may testify in terms . . .

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 . . .

SMITH, v. STATE, 873 So. 2d 585 (Fla. Dist. Ct. App. 2004)

. . . See § 90.705, Fla. Stat. (2000). . . . , Florida Statutes, as follows: 90.705. . . . The Fourth District specifically rejected the State’s argument, stating that section 90.705 “supplies . . . He states that: even if Reaves and Gore were mistaken in asserting that section 90.705 does not apply . . . are not persuaded that simply because the State intends to use it in cross-examination under section 90.705 . . .

DUEST, v. STATE, 855 So. 2d 33 (Fla. 2003)

. . . State, 608 So.2d 4, 10-11 (Fla.1992); § 90.705(1), Fla. . . .

FLORIDA DEPARTMENT OF TRANSPORTATION, v. ARMADILLO PARTNERS, INC., 849 So. 2d 279 (Fla. 2003)

. . . form of an opinion; however, the opinion is admissible only if it can be applied to evidence at trial. 90.705 . . .

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

. . . Section 90.705(1), Florida Statutes (2001) allows an expert to “testify in terms of opinion or inferences . . .

RIMMER, v. STATE FLORIDA,, 825 So. 2d 304 (Fla. 2002)

. . . See § 90.705, Fla. . . .

BENARDO, v. DEPARTMENT OF REVENUE, J. REILLY,, 819 So. 2d 161 (Fla. Dist. Ct. App. 2002)

. . . records, and the opinion of paternity contained in the report would be admissible under sections 90.70190.705 . . .

STEWART STEVENSON SERVICES, INC. v. WESTCHESTER FIRE INSURANCE COMPANY,, 804 So. 2d 584 (Fla. Dist. Ct. App. 2002)

. . . Section 90.705(1) of the Florida Statutes (1999) provides that on cross-examination an expert “shall . . .

K. VEREB B. v. SARDONI, 795 So. 2d 260 (Fla. Dist. Ct. App. 2001)

. . . business record] under paragraph (a) unless such opinion or diagnosis would be admissible under ss. 90.701-90.705 . . .

D. DAMEN, v. STATE, 793 So. 2d 106 (Fla. Dist. Ct. App. 2001)

. . . Finally, we recognize that section 90.705, Florida Statutes (1999), permits an expert to opine without . . . Nonetheless, without either objection or the procedural invocation of section 90.705(2), Florida Statutes . . .

ATTORNEY AD LITEM FOR D. K. a v. PARENTS OF D. K., 780 So. 2d 301 (Fla. Dist. Ct. App. 2001)

. . . Moreover, under section 90.705(1) an expert testifying to an opinion may be required, on cross-examination . . .

R. McELROY, E. v. C. PERRY,, 753 So. 2d 121 (Fla. Dist. Ct. App. 2000)

. . . admissible under paragraph (a) unless such opinion or diagnosis would be admissable under §§ 90.701-90.705 . . .

A. MORRIS, v. CRAWFORD,, 718 So. 2d 354 (Fla. Dist. Ct. App. 1998)

. . . and that the opinion of paternity contained in the report would be admissible under sections 90.701-90.705 . . . and that the opinion of paternity contained in the report would be admissible under sections 90.701-90.705 . . .

CARRIER, v. W. RAMSEY L., 714 So. 2d 657 (Fla. Dist. Ct. App. 1998)

. . . .” § 90.705(2), Fla. Stat. (1997). . . .

WITCHELL a k a A. v. J. H. LONDONO,, 707 So. 2d 796 (Fla. Dist. Ct. App. 1998)

. . . The admissibility of expert opinion is governed by section 90.705, Florida Statutes, which provides: . . .

CENTEX- ROONEY CONSTRUCTION CO. INC. St. v. MARTIN COUNTY,, 706 So. 2d 20 (Fla. Dist. Ct. App. 1997)

. . . Moreover, section 90.705(1), Florida Statutes (1995), provides that: [u]nless otherwise required by the . . . Black, 434 So.2d 988, 993 (Fla. 4th DCA 1983), section 90.705(2) requires the party against whom the . . . See § 90.705(2). . . .

MYRON, a By BROCK, B. B. v. SOUTH BROWARD HOSPITAL DISTRICT, d b a, 703 So. 2d 527 (Fla. Dist. Ct. App. 1997)

. . . Under section 90.705, Florida Statutes (1993), an expert may testify in the form of an opinion without . . .

HECKFORD, v. FLORIDA DEPARTMENT OF CORRECTIONS,, 699 So. 2d 247 (Fla. Dist. Ct. App. 1997)

. . . admissible under paragraph (a) unless such opinion or diagnosis would be admissible under ss. 90.701-90.705 . . .

CENTRAL FLORIDA PLASTERING AND DEVELOPMENT, v. SOVRAN CONSTRUCTION COMPANY, INC., 679 So. 2d 1226 (Fla. Dist. Ct. App. 1996)

. . . Relying on subsection 90.705(2), Florida Statutes (1995), CFP correctly argues that Mr. . . .

BROCK, v. STATE, 676 So. 2d 991 (Fla. Dist. Ct. App. 1996)

. . . admissible under paragraph (a) unless such opinion or diagnosis would be admissible under ss. 90.701-90.705 . . .

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

. . . Furthermore, the Florida Tile interpretation contradicts sections 90.702-90.705, Florida Statutes (1991 . . .

N. T. DOLAN, v. SPRINGLITE BOTTLED WATER CORP., 656 So. 2d 211 (Fla. Dist. Ct. App. 1995)

. . . . § 90.705(2), Fla.Stat. (1991); Newell v. Best Sec. Sys., Inc., 560 So.2d 395 (Fla. 4th DCA 1990). . . .

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

. . . field of real property valuation, section 90.704, Florida Statutes (1993), and pass the test of section 90.705 . . . If respondent’s expert meets the test of section 90.705(2), Florida Statutes (1993), which we have set . . .

ESTY, v. STATE, 642 So. 2d 1074 (Fla. 1994)

. . . of opinion testimony of State’s blood identification expert without proper predicate under section 90.705 . . . defense counsel objected on the basis that a proper predicate had not been established under section 90.705 . . . An expert may testify without disclosing the facts or data upon which an opinion is based. § 90.705(1 . . . Thus, section 90.705(2) provides that “[pjrior to the witness giving his opinion, a party against whom . . . Section 90.705, Florida Statutes (1991), provides: (1) Unless otherwise required by the court, an expert . . .

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

. . . . § 90.705(1), Fla.Stat. (1991). . . .

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

. . . the subject to support the opinion expressed, the facts or data need not be admissible in evidence. 90.705 . . .

J. LOVE, v. GARCIA,, 611 So. 2d 1270 (Fla. Dist. Ct. App. 1992)

. . . admissible under paragraph (a) unless such opinion or diagnosis would be admissible under ss. 90.701-90.705 . . .

GORE, v. STATE, 614 So. 2d 1111 (Fla. Dist. Ct. App. 1992)

. . . into the facts underlying an opposing expert witness’s opinion is covered by Florida Stat.Ann. section 90.705 . . . , which provides: 90.705 Disclosure of facts or data underlying expert opinion.— (1) Unless otherwise . . . See § 90.705, Fla.Stat. (1991). . . .

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

. . . Section 90.705 Florida Statutes (1989), states that if a “party establishes prima facie evidence that . . .

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

. . . And, subsection 2 of Section 90.705 provides that before an expert witness gives his opinion, the party . . . Black, 434 So.2d 988, 993, footnote 8 (Fla. 4th DCA 1983), with specific reference to Section 90.705, . . .

In E. C. a, 582 So. 2d 1261 (Fla. Dist. Ct. App. 1991)

. . . Section 90.705, Florida Statutes; City of Hialeah v. . . .

VALLE, v. STATE, 581 So. 2d 40 (Fla. 1991)

. . . State, 476 So.2d 134 (Fla.1985); see § 90.705, Fla.Stat. (1987). . . .

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

. . . See § 90.705(1), Fla.Stat. (1989). . . .

SHELDON GREENE ASSOCIATES, INC. a v. WILLIAMS ISLAND ASSOCIATES, a, 571 So. 2d 549 (Fla. Dist. Ct. App. 1990)

. . . Nezelek, Inc., 414 So.2d 535, 538-39 (Fla. 4th DCA 1982), rev. denied, 426 So.2d 27 (Fla.1983); § 90.705 . . .

FERGUSON, v. A. WILLIAMS,, 566 So. 2d 9 (Fla. Dist. Ct. App. 1990)

. . . and that the opinion of paternity contained in the report would be admissible under sections 90.701-90.705 . . .

NEWELL, v. BEST SECURITY SYSTEMS, INC., 560 So. 2d 395 (Fla. Dist. Ct. App. 1990)

. . . . § 90.705(2), Fla.Stat. (1987); Highlands Insurance Co. v. . . .

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

. . . Section 90.705, Florida Statutes (1987) provides: (1) Unless otherwise. required by the court, an expert . . .

LOMBARD, v. EXECUTIVE ELEVATOR SERVICE, INC., 545 So. 2d 453 (Fla. Dist. Ct. App. 1989)

. . . White should not have been excluded since it met all of the requirements of sections 90.702-90.705, Florida . . .

JACKSONVILLE BULLS FOOTBALL, LTD. v. T. BLATT,, 535 So. 2d 626 (Fla. Dist. Ct. App. 1988)

. . . See §§ 90.705, 90.956, Fla.Stat. (1985). . . .

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

. . . Rather than allowing appellant to do so as dictated by section 90.704, and section 90.705, Florida Statutes . . .

CITY OF MIAMI, v. HARRIS, a k a, 490 So. 2d 69 (Fla. Dist. Ct. App. 1985)

. . . Black, 434 So.2d 988, 993 (Fla. 4th DCA 1983); § 90.705(2), Fla.Stat. (1983). . . .

LOPEZ, v. STATE, 478 So. 2d 1110 (Fla. Dist. Ct. App. 1985)

. . . . § 90.705(2), Fla.Stat. (1983). . . .

GIW SOUTHERN VALVE COMPANY, v. C. SMITH,, 471 So. 2d 81 (Fla. Dist. Ct. App. 1985)

. . . Plaintiff, citing section 90.705 of the Evidence Code, contends that it was defendant’s burden to establish . . . Under section 90.705 “the burden of challenging the sufficiency of the basis for the opinion rests with . . .

CITY OF HIALEAH, v. WEATHERFORD, N., 466 So. 2d 1127 (Fla. Dist. Ct. App. 1985)

. . . Section 90.705, Florida Statutes (1981) provides: Disclosure of facts or data underlying expert opinion . . .

TOWN OF ORANGE PARK, v. F. POPE, K., 459 So. 2d 418 (Fla. Dist. Ct. App. 1984)

. . . Section 90.705(2), Florida Statutes (1983) provides: Prior to the [expert] witness giving his opinion . . .

DUTILLY, v. DEPARTMENT OF HEALTH REHABILITATIVE SERVICES,, 450 So. 2d 1195 (Fla. Dist. Ct. App. 1984)

. . . admissible under paragraph (a) unless such opinion or diagnosis would be admissible under ss. 90.701-90.705 . . . and that the opinion of paternity contained in the report would be admissible under sections 90.701-90.705 . . .

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. . . .

HUSKY INDUSTRIES, INC. v. L. BLACK a a a a, 434 So. 2d 988 (Fla. Dist. Ct. App. 1983)

. . . Thus, Section 90.705, Florida Statutes (1979), provides in pertinent part: “If the party establishes . . .

PROFFITT, v. L. WAINWRIGHT,, 685 F.2d 1227 (11th Cir. 1982)

. . . . § 90.705 (West 1979); Jones v. State, 289 So.2d 725, 727 (Fla. 1974). See also Brady v. . . .

POPE v. BANYAN TREE VILLAGE CONDOMINIUM ASSN., 3 Fla. Supp. 2d 178 (Fla. Cir. Ct. 1982)

. . . admissible under paragraph (a) unless such opinion or diagnosis would be admissible under ss. 90.701-90.705 . . .

DANDASHI v. B. FINE, M. D. M. D., 397 So. 2d 442 (Fla. Dist. Ct. App. 1981)

. . . We note that the Evidence Code, Sections 90.703, 90.704, 90.705, Florida Statutes (1979), changes Florida . . . Section 90.705 now permits the expert to render his opinion without prior disclosure of the underlying . . . The Sponsors’ Note following § 90.705, (6C Fla. . . .