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Florida Statute 90.703 | Lawyer Caselaw & Research
F.S. 90.703 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 90.703

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.703
90.703 Opinion on ultimate issue.Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it includes an ultimate issue to be decided by the trier of fact.
History.s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.

F.S. 90.703 on Google Scholar

F.S. 90.703 on Casetext

Amendments to 90.703


Arrestable Offenses / Crimes under Fla. Stat. 90.703
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.703.



Annotations, Discussions, Cases:

Cases from cite.case.law:

A. GUTIERREZ, v. VARGAS, M. D., 239 So. 3d 615 (Fla. 2018)

. . . . § 90.703, Fla. . . .

MOOTRY, As v. BETHUNE- COOKMAN UNIVERSITY, INC., 186 So. 3d 15 (Fla. Dist. Ct. App. 2016)

. . . Section 90.703,. . . . .” § 90.703, Fla. Stat. . . .

SUTTON, v. STATE, 96 So. 3d 983 (Fla. Dist. Ct. App. 2012)

. . . Cordia, 564 So.2d 601, 602 (Fla. 2d DCA 1990) (quoting section 90.703, Florida Statutes (1989), which . . .

STOKES, v. SCHINDLER ELEVATOR CORP. BROADSPIRE,, 60 So. 3d 1110 (Fla. Dist. Ct. App. 2011)

. . . (providing qualified expert witness may testify in form of opinion); see also § 90.703, Fla. Stat. . . .

ESTATE OF MURRAY, Sr. L. MURRAY, Sr. v. DELTA HEALTH GROUP, INC. P., 30 So. 3d 576 (Fla. Dist. Ct. App. 2010)

. . . In addition, Guy relied on section 90.703, Florida Statutes (1981), which provided that “ ‘[tjestimony . . . decided before Town of Palm Beach, 460 So.2d at 882, in which the supreme court held that “section 90.703 . . . The supreme court held that section 90.703 was not intended to be so broad as to permit an expert to . . .

ORLANDO REGIONAL HEALTHCARE SYSTEM, INC. v. FLORIDA BIRTH- RELATED NEUROLOGICAL,, 997 So. 2d 426 (Fla. Dist. Ct. App. 2008)

. . . . §§ 90.702, 90.703, Fla. Stat. (2007). . . .

BARTLETT, v. STATE, 993 So. 2d 157 (Fla. Dist. Ct. App. 2008)

. . . .” § 90.703, Fla. Stat. (2006). . . .

DINKENS, v. STATE, 976 So. 2d 660 (Fla. Dist. Ct. App. 2008)

. . . Section 90.703, Florida Statutes (2006), provides that “testimony in the form of an opinion or inference . . .

L. CLARK, III, v. STATE, 969 So. 2d 573 (Fla. Dist. Ct. App. 2007)

. . . See § 90.703, Fla. . . .

MARSH, v. VALYOU, Jr., 977 So. 2d 543 (Fla. 2007)

. . . Sections 90.702 and 90.703 deal specifically with expert testimony: 90.702 Testimony by experts. — If . . . form of an opinion; however, the opinion is admissible only if it can be applied to evidence at trial. 90.703 . . .

WAKULLA COMMERCIAL FISHERMEN S ASSOCIATION, INC. v. FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION,, 951 So. 2d 8 (Fla. Dist. Ct. App. 2007)

. . . Moreover, this case can be affirmed only by disregarding the mandate of section 90.703, Florida Statutes . . .

FLORIDA INSTITUTE FOR NEUROLOGIC REHABILITATION, INC. v. MARSHALL, 943 So. 2d 976 (Fla. Dist. Ct. App. 2006)

. . . The Martinez court explained that although section 90.703, Florida Statutes (1997) — which provides that . . .

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

. . . .” § 90.703, Fla. Stat. (2005). . . .

STATE v. SANTIAGO,, 928 So. 2d 480 (Fla. Dist. Ct. App. 2006)

. . . See §§ 90.701; 90.703, Fla. Stat. (2005). The witness in question was another inmate, Eric Durant. . . .

FALCO, a v. COPELAND, a L. L. C. a a a d b a Co. a a, 919 So. 2d 650 (Fla. Dist. Ct. App. 2006)

. . . ultimate issue in the case; In rejecting the opinion of this expert the court acknowledged that section 90.703 . . . The expert’s testimony was permissible under section 90.703, and should not have been rejected by the . . .

CHESNOFF, v. STATE, 840 So. 2d 423 (Fla. Dist. Ct. App. 2003)

. . . Section 90.703, Florida Statutes (2001), provides: Testimony in the form of an opinion or inference otherwise . . . opinion of Chesnoff s guilt; rather, it was a medical conclusion as to the severity of D.C.’s injuries. § 90.703 . . .

REYNOLDS, v. STATE, 837 So. 2d 1044 (Fla. Dist. Ct. App. 2002)

. . . Section 90.703, Florida Statutes (1999) states: Testimony in the form of an opinion or inference otherwise . . .

IVORY, v. STATE, 821 So. 2d 1258 (Fla. Dist. Ct. App. 2002)

. . . Section 90.703, Florida Statutes (2001), provides that “[tjestimony in the form of an opinion or inference . . .

MESE, v. STATE, 824 So. 2d 908 (Fla. Dist. Ct. App. 2002)

. . . because it includes an opinion on the ultimate issue to be decided by the trier of fact, see section 90.703 . . .

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

. . . Section 90.703 provides: “Testimony in the form of an opinion or inference otherwise admissible is not . . .

BUSH, v. STATE, 809 So. 2d 107 (Fla. Dist. Ct. App. 2002)

. . . State, 761 So.2d 1074, 1079 (Fla.2000) (explaining that although section 90.703 permits opinion testimony . . . medical conclusion as to the comparison of the objective findings with complaints voiced by Bush. § 90.703 . . .

M. TETRAULT T. v. A. FAIRCHILD,, 799 So. 2d 226 (Fla. Dist. Ct. App. 2001)

. . . Section 90.703, Florida Statutes, provides that expert testimony may be received only if it can be applied . . .

J. E. W. a v. STATE, 770 So. 2d 299 (Fla. Dist. Ct. App. 2000)

. . . Appellant complains that the trial court erroneously admitted opinion testimony in violation of section 90.703 . . .

BRIM, v. STATE, 779 So. 2d 427 (Fla. Dist. Ct. App. 2000)

. . . See § 90.703-704, Fla. Stat. (1999). . . .

CITY OF JACKSONVILLE v. W. COOK,, 765 So. 2d 289 (Fla. Dist. Ct. App. 2000)

. . . See also § 90.703, Fla. Stat. (1997). . . .

COUNTY OF VOLUSIA, v. A. KEMP,, 764 So. 2d 770 (Fla. Dist. Ct. App. 2000)

. . . See § 90.703, Fla. Stat. (1999); Town of Palm Beach. . . .

J. MARTINEZ, v. STATE, 761 So. 2d 1074 (Fla. 2000)

. . . Section 90.703, Florida Statutes (1997), which provides that “[t]estimony in the form of an opinion or . . .

Z. SCHNEER v. ALLSTATE INDEMNITY COMPANY,, 767 So. 2d 485 (Fla. Dist. Ct. App. 2000)

. . . Under section 90.703 of Florida’s Evidence Code, a witness is permitted to testify to an ultimate fact . . . is not objectionable because it includes an ultimate issue to be decided' by the trier of fact.” § 90.703 . . .

W. McLEAN, v. STATE, 754 So. 2d 176 (Fla. Dist. Ct. App. 2000)

. . . Although section 90.703, Florida Statutes (1995), allows opinion testimony on an ultimate issue, the . . .

MARTINEZ, v. VEGA a, 751 So. 2d 1268 (Fla. Dist. Ct. App. 2000)

. . . Further, as section 90.703 Florida Statutes (1999) provides: Opinion on ultimate issue. — Testimony-in . . .

GUTIERREZ, v. STATE, 739 So. 2d 1175 (Fla. Dist. Ct. App. 1999)

. . . . §§ 90.702, 90.703, Fla. . . .

RYDER TRUCK RENTAL, INC. v. PEREZ,, 715 So. 2d 289 (Fla. Dist. Ct. App. 1998)

. . . See generally section 90.703, Florida Statutes (1997); see also Ehrhardt, Florida Evidence § 703.1 (1998 . . .

BOOKHARDT, v. STATE, 710 So. 2d 700 (Fla. Dist. Ct. App. 1998)

. . . See § 90.703, Fla. Stat. See generally McMullen v. State, 23 Fla. L. Weekly S207 (Fla. . . . not objectionable merely because it includes an ultimate issue to be decided by the trier of fact. § 90.703 . . .

In ESTATE OF McQUEEN, E. HOLLEY R. v. FIRST GUARANTY BANK TRUST COMPANY,, 699 So. 2d 747 (Fla. Dist. Ct. App. 1997)

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

HAMILTON, v. STATE, 696 So. 2d 914 (Fla. Dist. Ct. App. 1997)

. . . Although section 90.703, Florida Statutes (1995), provides that opinion testimony may be admitted on . . .

ZECCHINO, v. STATE, 691 So. 2d 1197 (Fla. Dist. Ct. App. 1997)

. . . As the supreme court explained in Glendening, “[although section 90.703 [“Opinion on Ultimate Issue”] . . .

BEAULIEU, v. STATE, 671 So. 2d 807 (Fla. Dist. Ct. App. 1996)

. . . least four separate tests and is admissible under the relevancy standard adopted by sections 90.702 and 90.703 . . .

STINFIL, v. STATE, 668 So. 2d 671 (Fla. Dist. Ct. App. 1996)

. . . Although section 90.703 would appear to permit such an opinion, such testimony is precluded on the basis . . .

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

. . . Section 90.703 further provides that expert testimony in the form of an opinion or inference otherwise . . . Although the Federal Rules of Evidence have a provision similar to section 90.703, they also contain . . . Section 90.703 provides: Opinion on ultimate issue. — Testimony in the form of an opinion or inference . . . It is true that section 90.703 of the evidence code provides that opinion testimony is not objectionable . . . . § 90.703, Fla.Stat. (1991). The jury, however, was not aided by Agent Rocque’s testimony. . . .

FINO, J. v. NODINE, E. H., 646 So. 2d 746 (Fla. Dist. Ct. App. 1994)

. . . Although section 90.703, Florida Statutes (1991), permits opinion testimony on an ultimate issue to be . . . decided by the trier of fact, “section 90.703 does not imply the admissibility of all opinions [on an . . . applicable to lay witness testimony because the court was giving a direct interpretation of section 90.703 . . .

AUDANO, v. STATE, 641 So. 2d 1356 (Fla. Dist. Ct. App. 1994)

. . . Pursuant to sections 90.702 and 90.703, Florida Statutes (1993), the relevancy of the expert’s opinion . . .

STATE v. TOWNSEND,, 635 So. 2d 949 (Fla. 1994)

. . . Relevancy of a medical expert’s opinion is determined by the requirements set forth in sections 90.702 and 90.703 . . .

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

. . . form of an opinion; however, the opinion is admissible only if it can be applied to evidence at trial. 90.703 . . .

L. RUTH, v. STATE, 610 So. 2d 9 (Fla. Dist. Ct. App. 1992)

. . . See Ehrhardt on Evidence, § 90.703 at 451 (West 1977). . . . We do not think that section 90.703 was intended to be so broad. . . . See e.g., Ehrhardt, § 90.703; Feldman v. . . .

STATE v. CORDIA,, 564 So. 2d 601 (Fla. Dist. Ct. App. 1990)

. . . .” § 90.703, Fla.Stat. (1989). . . .

EASTERN AIRLINES, INC. a v. KING, a Jo, 561 So. 2d 1220 (Fla. Dist. Ct. App. 1990)

. . . Silva, 476 So.2d 696 (Fla. 3d DCA 1985); § 90.703, Fla.Stat. (1987). . . .

TOYOTA OF PENSACOLA v. E. MAINES,, 558 So. 2d 1072 (Fla. Dist. Ct. App. 1990)

. . . See Section 90.703, Florida Statutes (1987). AFFIRMED. WIGGINTON, J., concurs. . . .

LINDABURY, v. LINDABURY, 552 So. 2d 1117 (Fla. Dist. Ct. App. 1989)

. . . . §§ 90.702 and 90.703, Fla.Stat. (1987). . . . whether expert testimony on post traumatic stress syndrome is admissible under sections 90.702 and 90.703 . . . form of an opinion; however, the opinion is admissible only if it can be applied to evidence at trial. 90.703 . . .

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 . . .

GLENDENING, v. STATE, 536 So. 2d 212 (Fla. 1988)

. . . Sections 90.702 and 90.703, Florida Statutes (1985), deal with admissibility of expert testimony and . . . form of an opinion; however, the opinion is admissible only if it can be applied to evidence at trial. 90.703 . . . Although section 90.703 would appear to permit such an opinion, such testimony is precluded on the basis . . .

ZWINGE, v. J. HETTINGER, L., 530 So. 2d 318 (Fla. Dist. Ct. App. 1988)

. . . Under section 90.703, Florida Statutes (1985), an expert witness is allowed to testify to an ultimate . . . Section 90.703, Florida Statutes (1985) states: Opinion on ultimate issue. — Testimony in the form of . . .

In ESTATE OF C. J. LENAHAN, N. LENAHAN, v. L. LENAHAN, Sr. J. Jr., 511 So. 2d 365 (Fla. Dist. Ct. App. 1987)

. . . Section 90.703, Florida Statutes, provides as follows: 90.703 Opinion on ultimate issue. . . . Palm Beach County, 460 So.2d 879 (Fla.1984) and Ehrhardt, Florida Evidence § 90.703 (2d Ed.1984). . . . Many courts have interpreted Section 90.703 or its equivalent Federal Rule 704 as permitting witnesses . . . Therefore, under Section 90.703, the fact that the expert’s testimony may include an ultimate issue to . . .

BLOODWORTH, v. STATE, 504 So. 2d 495 (Fla. Dist. Ct. App. 1987)

. . . See Section 90.703, Florida Statutes ; Ferradas v. . . . Section 90.703 provides: Testimony in the form of an opinion or inference otherwise admissible is not . . .

AMERICAN AUTOMOBILE ASSOCIATION, INC. Co. Co. D. v. TEHRANI, 508 So. 2d 365 (Fla. Dist. Ct. App. 1987)

. . . . § 90.703, Fla.Stat.; Moles v. Gotti, 433 So.2d 1380 (Fla. 2d DCA 1983). . . .

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

. . . confident that upon retrial the trial court will be careful to properly apply the provisions of section 90.703 . . .

FRIDOVICH, v. STATE, 489 So. 2d 143 (Fla. Dist. Ct. App. 1986)

. . . In addition, section 90.703 permits the expert to offer an opinion on an ultimate issue to be decided . . .

KRUSE, v. STATE, 483 So. 2d 1383 (Fla. Dist. Ct. App. 1986)

. . . Sections 90.702and 90.703 deal specifically with expert testimony: 90.702 Testimony by experts. — If . . . form of an opinion; however, the opinion is admissible only if it can be applied to evidence at trial. 90.703 . . . The North view is also consistent with the provisions of section 90.703 of the evidence code, which provides . . . The Third District has held that section 90.703 permits an expert to testify in a prosecution for rape . . .

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)

. . . Section 90.703 codifies this principle by providing that opinion testimony is not objectionable solely . . .

TOWN OF PALM BEACH v. PALM BEACH COUNTY,, 460 So. 2d 879 (Fla. 1984)

. . . Petitioners argue that section 90.703, Florida Statutes (1981), permits opinion testimony on an ultimate . . . However, section 90.703 does not imply the admissibility of all opinions. . . . See Ehrhardt on Evidence, § 90.703 at 451 (West 1977). . . . We do not think that section 90.703 was intended to be so broad. . . . See e.g., Ehrhardt, § 90.703; Feldman v. . . .

M. GUY, v. D. KIGHT, Sr., 431 So. 2d 653 (Fla. Dist. Ct. App. 1983)

. . . Furthermore, Section 90.703, Florida Statutes (1981) provides that “[testimony in the form of an opinion . . .

PALM BEACH COUNTY, D. v. TOWN OF PALM BEACH, a a a C. a, 426 So. 2d 1063 (Fla. Dist. Ct. App. 1983)

. . . (We do not overlook Section 90.703, Florida Statutes (1981), in reaching this conclusion.) . . .

SARNO, Al G. Jr. v. STATE STATE v. GILLEY,, 424 So. 2d 829 (Fla. Dist. Ct. App. 1982)

. . . argument, although the Florida Evidence Code would clearly render ultimate fact opinion admissible, § 90.703 . . .

LOPEZ, v. COHEN a, 406 So. 2d 1253 (Fla. Dist. Ct. App. 1981)

. . . Even prior to the adoption of § 90.703 of the Evidence Code, a witness was permitted to testify to an . . .

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 . . .