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Florida Statute 92.231 | Lawyer Caselaw & Research
F.S. 92.231 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS
View Entire Chapter
F.S. 92.231
92.231 Expert witnesses; fee.
(1) The term “expert witness” as used herein shall apply to any witness who offers himself or herself in the trial of any action as an expert witness or who is subpoenaed to testify in such capacity before a state attorney in the investigation of a criminal matter, or before a grand jury, and who is permitted by the court to qualify and testify as such, upon any matter pending before any court.
(2) Any expert or skilled witness who shall have testified in any cause shall be allowed a witness fee including the cost of any exhibits used by such witness in an amount agreed to by the parties, and the same shall be taxed as costs. In instances where services are provided for the state, including for state-paid private court-appointed counsel, payment from state funds shall be in accordance with standards adopted by the Legislature.
(3) In a criminal case in which the state or an indigent defendant requires the services of an expert witness whose opinion is relevant to the issues of the case, the expert witness shall be compensated in accordance with standards adopted by the Legislature.
History.ss. 1, 2, ch. 25090, 1949; s. 19, ch. 29737, 1955; s. 1, ch. 59-201; s. 3, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 512, ch. 95-147; s. 78, ch. 2003-402; s. 37, ch. 2005-236.
Note.Former s. 90.231.

F.S. 92.231 on Google Scholar

F.S. 92.231 on Casetext

Amendments to 92.231


Arrestable Offenses / Crimes under Fla. Stat. 92.231
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 92.231.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CITIZENS PROPERTY INSURANCE CORPORATION, v. ANDERSON,, 241 So. 3d 221 (Fla. App. Ct. 2018)

. . . After prevailing at trial, Anderson sought attorneys' fees and costs pursuant to sections 57.041, 92.231 . . .

IN RE ESTATE OF X. ASSIMAKOPOULOS, In X. U T A v. M. P. J., 228 So. 3d 709 (Fla. Dist. Ct. App. 2017)

. . . Section 92.231(2), Florida Statutes (2015), provides, in pertinent part: Any expert or skilled witness . . . the first time that his judgment should be affirmed because he was entitled to the fee under section 92.231 . . . Further, section 92.231(2) permits an áward of an expert witness fee only to an expert who “shall have . . . Therefore, even if section 92.231(2) had been raised as a basis for the award in the probate court, the . . .

FIELD CLUB, INC. v. ALARIO, 180 So. 3d 1138 (Fla. Dist. Ct. App. 2015)

. . . See § 92.231(2), Fla. . . .

Dr. COLAIZZO, M. D. v. OFFICE OF CRIMINAL CONFLICT AND CIVIL REGIONAL COUNSEL,, 82 So. 3d 195 (Fla. Dist. Ct. App. 2012)

. . . Section 92.231(2), Florida Statutes (2008), provides that an expert witness who has “testified in any . . .

McCOY, A. v. CITY OF ALACHUA,, 991 So. 2d 983 (Fla. Dist. Ct. App. 2008)

. . . See § 92.231(l)-(2), Fla. . . .

MASSEY, v. F. DAVID,, 979 So. 2d 931 (Fla. 2008)

. . . Stat. (1949); § 92.231, Fla. Stat. (2000). . . . Instant Case The general provision for awarding expert witness fees as costs is located in section 92.231 . . . See Cort, 807 So.2d at 738; see also § 92.231, Fla. Stat. (2006). . . . Rather, the express right was created in section 92.231(2), and this language in section 57.071(2) is . . . The substantive right to taxation of expert witness fees as costs was created in section 92.231(2), and . . . .” § 92.231(2), Fla. Stat. (2007). . . . While the right to taxation of expert witness fees as costs is created in section 92.231(2), Florida . . . Thus, while section 92.231(2) creates the right to such costs, section 57.071(2) conditions it. . . . ” because the “substantive right to taxation of expert witness fees as costs was created in section 92.231 . . . The two statutes — sections 57.071(2) and 92.231(2) — must be read in pari materia. . . .

L. ROCK L. v. PRAIRIE BUILDING SOLUTIONS, INC. a, 854 So. 2d 722 (Fla. Dist. Ct. App. 2003)

. . . In Travieso, the supreme court stated the following: We hold that pursuant to section 92.231, expert . . .

G. BENNETT, v. MORALES, n k a, 845 So. 2d 1002 (Fla. Dist. Ct. App. 2003)

. . . See also, section 92.231(2), which allows attorneys fees for "[a]ny expert or skilled witness who shall . . .

SEMINOLE COUNTY, v. R. CHANDRINOS,, 816 So. 2d 1241 (Fla. Dist. Ct. App. 2002)

. . . Additionally, section 92.231, Florida Statutes (1998) provides that any expert, who is qualified as such . . .

MOAKLEY, v. SMALLWOOD,, 826 So. 2d 221 (Fla. 2002)

. . . Smallwood urges as an alternative basis for affirmance section 92.231, Florida Statutes (1997), which . . . offered as an expert or permitted by the court to qualify and testify as such, as required by section 92.231 . . .

ESTATE OF CORT, v. BROWARD COUNTY SHERIFF, 807 So. 2d 736 (Fla. Dist. Ct. App. 2002)

. . . Stat. (1949); § 92.231, Fla. Stat. (2000). . . .

STATE DEPARTMENT OF TRANSPORTATION, v. M. PATEL,, 768 So. 2d 1173 (Fla. Dist. Ct. App. 2000)

. . . court also awarded fees for the expert witnesses who testified at the hearing, relying upon section 92.231 . . .

BRIGANTI, v. TOWNHOUSES OF VENETIAN PARK HOMEOWNERS ASSOCIATION, INC., 755 So. 2d 186 (Fla. Dist. Ct. App. 2000)

. . . This court, while addressing expert witness fees under section 92.231 of the Florida Statues, has previously . . .

SEABROOKS v. WINN DIXIE STORES, INC., 745 So. 2d 1039 (Fla. Dist. Ct. App. 1999)

. . . . § 92.231(2), Fla. Stat. . . .

J. KEITEL, III, v. De La KEITEL,, 701 So. 2d 413 (Fla. Dist. Ct. App. 1997)

. . . See § 92.231, Fla. Stat. (1995). The witnesses were two of appellee’s treating physicians. . . . Section 92.231(2), Florida Statutes (1995), allows an expert witness fee to be “taxed as costs.” . . .

LEE COUNTY, a v. GALAXY FIREWORKS, INC. a, 698 So. 2d 1371 (Fla. Dist. Ct. App. 1997)

. . . Section 92.231(2), Florida Statutes (1995), permits expert witness fees to be taxed as costs. . . . . § 92.231(1), Fla. Stat. (1995). . . . Galaxy does not contend that either section 92.231 or rule 1.390 authorizes fees for these witnesses. . . .

W. S. M. JR. S. M. S. M. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 692 So. 2d 246 (Fla. Dist. Ct. App. 1997)

. . . Here approximately half the costs appellant seeks to recover are expert witness fees, which section 92.231 . . .

KENDALL RACQUETBALL INVESTMENTS, LTD. v. GREEN COMPANIES, INC. OF FLORIDA,, 657 So. 2d 1187 (Fla. Dist. Ct. App. 1995)

. . . zoning consultant, and remand for an award of expert witness fees and expenses pursuant to section 92.231 . . .

STOKUS v. T. PHILLIPS,, 651 So. 2d 1244 (Fla. Dist. Ct. App. 1995)

. . . Pursuant to section 92.231, Florida Statutes (1991), expert witness fees may be taxed as costs for a . . .

POWELL W. v. BARNES W., 629 So. 2d 185 (Fla. Dist. Ct. App. 1993)

. . . sought, together with a minimal hourly rate for recognized expert witnesses as provided by section 92.231 . . .

BYSTROM, v. MUTUAL OF OMAHA INSURANCE,, 566 So. 2d 351 (Fla. Dist. Ct. App. 1990)

. . . , appeals a post-judgment order refusing to tax an expert witness fee as costs, pursuant to section 92.231 . . . Appellant contends, relying on section 92.231(2), Florida Statutes, that an award of costs to the prevailing . . . Section 92.231, Florida Statutes, merely provides a mechanism through which a prevailing party may be . . .

THELLMAN v. TROPICAL ACRES STEAKHOUSE, INC. a d b a, 557 So. 2d 683 (Fla. Dist. Ct. App. 1990)

. . . See § 92.231, Fla.Stat. (1988); James P. Driscoll, Inc., v. . . .

J. SIEBERT, a F. C. M. I. I. N. Jr. G. a T. a M. G. R. R. W. Jr. P. R. N. H. a v. CITY OF VERO BEACH, a, 555 So. 2d 983 (Fla. Dist. Ct. App. 1990)

. . . See Statewide Uniform Guidelines for Taxation of Costs in Civil Actions § 2; § 92.231, Fla. . . .

S. AVELLONE, v. R. MEHTA, 544 So. 2d 1122 (Fla. Dist. Ct. App. 1989)

. . . Although the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions and section 92.231, . . .

B H CONSTRUCTION SUPPLY CO. INC. a St. Co. a v. DISTRICT BOARD OF TRUSTEES OF TALLAHASSEE COMMUNITY COLLEGE, FLORIDA, a, 542 So. 2d 382 (Fla. Dist. Ct. App. 1989)

. . . services rendered by TCC’s architect at the arbitration proceeding, pursuant to the contract and section 92.231 . . . B & H responds that pursuant to section 92.231, the trial court did not abuse discretion. . . . In Travieso, the Court held that the broad language of § 92.231 encompassed taxing costs for the services . . . court should not summarily deny a claim for expert witness fees until the standards of Travieso and § 92.231 . . . Section 92.231(2), provides that "[a]ny expert or skilled witness who shall have testified in any cause . . .

COUNTY OF SARASOTA, a v. L. BURDETTE, U Em, s, 524 So. 2d 1064 (Fla. Dist. Ct. App. 1988)

. . . did not testify at the trial and, therefore, he does not qualify as an expert witness under section 92.231 . . .

B. BYSTROM, L. v. FLORIDA ROCK INDUSTRIES, INC., 513 So. 2d 742 (Fla. Dist. Ct. App. 1987)

. . . Under section 92.231(2), Florida Statutes (1985), a trial judge has discretion to determine reasonable . . .

E. TUERK, v. ALLSTATE INSURANCE COMPANY, a, 498 So. 2d 504 (Fla. Dist. Ct. App. 1986)

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

CRITTENDEN ORANGE BLOSSOM FRUIT v. STONE,, 492 So. 2d 1106 (Fla. Dist. Ct. App. 1986)

. . . Zabawczuk was decided did not require the same construction of the expert witness fee statute, section 92.231 . . .

OTIS ELEVATOR COMPANY, v. L. BRYAN,, 489 So. 2d 1189 (Fla. Dist. Ct. App. 1986)

. . . This was proper under Section 92.231, Florida Statutes. AFFIRMED IN PART AND REVERSED IN PART. . . .

W. A. DOSS SONS, INC. v. BARBATO,, 487 So. 2d 377 (Fla. Dist. Ct. App. 1986)

. . . who testifies as an expert on attorney’s fees shall be allowed an expert witness fee under Section 92.231 . . . expert witnesses in workers’ compensation proceedings, notwithstanding the limitation provided in s. 92.231 . . . Section 92.231, Florida Statute (1983) provides as follows: 92.231 Expert witnesses; fee.— (1) The term . . .

STRAUS, S. S. P. A. v. MORTON F. PLANT HOSPITAL FOUNDATION, INC., 478 So. 2d 472 (Fla. Dist. Ct. App. 1985)

. . . "We hold that pursuant to section 92.231, expert witness fees, at the discretion of the trial court, . . .

TRAVIESO, v. R. TRAVIESO, Jr., 474 So. 2d 1184 (Fla. 1985)

. . . Tallardy held that, pursuant to section 92.231, Florida Statutes (1981), expert witness fees may be taxed . . . Section 92.231, Florida Statutes (1983), provides: (1) The term “expert witness” as used herein shall . . . as evidenced by its history does not logically nor reasonably require such a construction of section 92.231 . . . court, accurately explained: It should be noted that the essential provisions of Sections 440.31 and 92.231 . . . We hold that pursuant to section 92.231, expert witness fees, at the discretion of the trial court, may . . . I concur with the majority that section 92.231, Florida Statutes (1983) applies, and that an expert witness . . . Section 92.231 provides that an expert witness who has testified in any cause “shall be allowed a witness . . . narrow construction on a provision of the Workers’ Compensation Act which is comparable to section 92.231 . . . In my opinion, the legislature never intended the subject statute, section 92.231, Florida Statutes ( . . .

KMS OF FLORIDA CORP. v. MAGNA PROPERTIES, INC., 464 So. 2d 234 (Fla. Dist. Ct. App. 1985)

. . . The argument overlooks § 92.231, Florida Statutes (1983) which permits the award of an expert witness . . .

R. ENGEL, D. D. S. v. RIGOT,, 434 So. 2d 954 (Fla. Dist. Ct. App. 1983)

. . . See § 92.231(2), Fla.Stat. (1981) (“Any expert or skilled witness who shall have testified in any cause . . .

B L MOTORS, INC. d b a v. BIGNOTTI,, 427 So. 2d 1070 (Fla. Dist. Ct. App. 1983)

. . . taxation of such fees as costs, just as would be done with any other expert witness pursuant to section 92.231 . . .

W. MURPHY, v. TALLARDY,, 422 So. 2d 1098 (Fla. Dist. Ct. App. 1982)

. . . The authority for allowing expert witness fees is contained in Section 92.231, Florida Statutes (1981 . . . ), which provides: 92.231 Expert witnesses; fee.— (1) The term “expert witness” as used herein shall . . . on collateral issues ■ and not entitled to expert witness fees taxable as costs pursuant to Section 92.231 . . . It should be noted that the essential provisions of Sections 440.31 and 92.231 are quite similar. . . . certify the following question to the Supreme Court of Florida: Is a trial court authorized under Section 92.231 . . .

FORD MOTOR COMPANY, v. E. E. GARRISON, Jr., 415 So. 2d 843 (Fla. Dist. Ct. App. 1982)

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

A. LAFFERTY, v. LAFFERTY a k a C., 413 So. 2d 170 (Fla. Dist. Ct. App. 1982)

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

R. JUNKAS, v. UNION SUN HOMES, INC., 412 So. 2d 52 (Fla. Dist. Ct. App. 1982)

. . . Section 92.231(2), Florida Statutes (1981), provides for the allowance of an expert witness fee for any . . .

A. MILLS, v. ARONOVITZ B. d b a, 404 So. 2d 138 (Fla. Dist. Ct. App. 1981)

. . . Section 90.231 has been transferred, without change, to Section 92.231. . . .

POSNER, v. S. FLINK,, 393 So. 2d 1140 (Fla. Dist. Ct. App. 1981)

. . . See, § 92.231(2), Fla.Stat. (1979). . . .

W. W. BURLESON, a k a Sr. v. M. BROGDON,, 389 So. 2d 11 (Fla. Dist. Ct. App. 1980)

. . . In this connection, consideration must be given to Section 92.231, Florida Statutes (1979), relating . . .