Fla. Stat. 90.404
Character evidence; when admissible

(1)

CHARACTER EVIDENCE GENERALLY.—Evidence of a person’s character or a trait of character is inadmissible to prove action in conformity with it on a particular occasion, except:Character of accused.—Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the trait.Character of victim.—
Except as provided in s. 794.022, evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the trait; or
Evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the aggressor.
Character of witness.—Evidence of the character of a witness, as provided in ss. 90.608-90.610.

(a)

Character of accused.—Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the trait.

(b)

Character of victim.—Except as provided in s. 794.022, evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the trait; orEvidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the aggressor.
1. Except as provided in s. 794.022, evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the trait; or
2. Evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the aggressor.

(c)

Character of witness.—Evidence of the character of a witness, as provided in ss. 90.608-90.610.

(2)

OTHER CRIMES, WRONGS, OR ACTS.—Similar fact evidence of other crimes, wrongs, or acts is admissible when relevant to prove a material fact in issue, including, but not limited to, proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, but it is inadmissible when the evidence is relevant solely to prove bad character or propensity.
In a criminal case in which the defendant is charged with a crime involving child molestation, evidence of the defendant’s commission of other crimes, wrongs, or acts of child molestation is admissible and may be considered for its bearing on any matter to which it is relevant.
For the purposes of this paragraph, the term “child molestation” means conduct proscribed by s. 787.025(2)(c), s. 787.06(3)(g), former s. 787.06(3)(h), s. 794.011, excluding s. 794.011(10), s. 794.05, former s. 796.03, former s. 796.035, s. 800.04, s. 827.071, s. 847.0135(5), s. 847.0145, or s. 985.701(1) when committed against a person 16 years of age or younger.
In a criminal case in which the defendant is charged with a sexual offense, evidence of the defendant’s commission of other crimes, wrongs, or acts involving a sexual offense is admissible and may be considered for its bearing on any matter to which it is relevant.
For the purposes of this paragraph, the term “sexual offense” means conduct proscribed by s. 787.025(2)(c), s. 787.06(3)(b), (d), (f), or (g), former s. 787.06(3)(h), s. 794.011, excluding s. 794.011(10), s. 794.05, former s. 796.03, former s. 796.035, s. 825.1025(2)(b), s. 827.071, s. 847.0135(5), s. 847.0145, or s. 985.701(1).
When the state in a criminal action intends to offer evidence of other criminal offenses under paragraph (a), paragraph (b), or paragraph (c), no fewer than 10 days before trial, the state shall furnish to the defendant or to the defendant’s counsel a written statement of the acts or offenses it intends to offer, describing them with the particularity required of an indictment or information. No notice is required for evidence of offenses used for impeachment or on rebuttal.
When the evidence is admitted, the court shall, if requested, charge the jury on the limited purpose for which the evidence is received and is to be considered. After the close of the evidence, the jury shall be instructed on the limited purpose for which the evidence was received and that the defendant cannot be convicted for a charge not included in the indictment or information.

(a)

Similar fact evidence of other crimes, wrongs, or acts is admissible when relevant to prove a material fact in issue, including, but not limited to, proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, but it is inadmissible when the evidence is relevant solely to prove bad character or propensity.

(b)1.

In a criminal case in which the defendant is charged with a crime involving child molestation, evidence of the defendant’s commission of other crimes, wrongs, or acts of child molestation is admissible and may be considered for its bearing on any matter to which it is relevant.For the purposes of this paragraph, the term “child molestation” means conduct proscribed by s. 787.025(2)(c), s. 787.06(3)(g), former s. 787.06(3)(h), s. 794.011, excluding s. 794.011(10), s. 794.05, former s. 796.03, former s. 796.035, s. 800.04, s. 827.071, s. 847.0135(5), s. 847.0145, or s. 985.701(1) when committed against a person 16 years of age or younger.
(b)1. In a criminal case in which the defendant is charged with a crime involving child molestation, evidence of the defendant’s commission of other crimes, wrongs, or acts of child molestation is admissible and may be considered for its bearing on any matter to which it is relevant.
2. For the purposes of this paragraph, the term “child molestation” means conduct proscribed by s. 787.025(2)(c), s. 787.06(3)(g), former s. 787.06(3)(h), s. 794.011, excluding s. 794.011(10), s. 794.05, former s. 796.03, former s. 796.035, s. 800.04, s. 827.071, s. 847.0135(5), s. 847.0145, or s. 985.701(1) when committed against a person 16 years of age or younger.

(c)1.

In a criminal case in which the defendant is charged with a sexual offense, evidence of the defendant’s commission of other crimes, wrongs, or acts involving a sexual offense is admissible and may be considered for its bearing on any matter to which it is relevant.For the purposes of this paragraph, the term “sexual offense” means conduct proscribed by s. 787.025(2)(c), s. 787.06(3)(b), (d), (f), or (g), former s. 787.06(3)(h), s. 794.011, excluding s. 794.011(10), s. 794.05, former s. 796.03, former s. 796.035, s. 825.1025(2)(b), s. 827.071, s. 847.0135(5), s. 847.0145, or s. 985.701(1).
(c)1. In a criminal case in which the defendant is charged with a sexual offense, evidence of the defendant’s commission of other crimes, wrongs, or acts involving a sexual offense is admissible and may be considered for its bearing on any matter to which it is relevant.
2. For the purposes of this paragraph, the term “sexual offense” means conduct proscribed by s. 787.025(2)(c), s. 787.06(3)(b), (d), (f), or (g), former s. 787.06(3)(h), s. 794.011, excluding s. 794.011(10), s. 794.05, former s. 796.03, former s. 796.035, s. 825.1025(2)(b), s. 827.071, s. 847.0135(5), s. 847.0145, or s. 985.701(1).

(d)1.

When the state in a criminal action intends to offer evidence of other criminal offenses under paragraph (a), paragraph (b), or paragraph (c), no fewer than 10 days before trial, the state shall furnish to the defendant or to the defendant’s counsel a written statement of the acts or offenses it intends to offer, describing them with the particularity required of an indictment or information. No notice is required for evidence of offenses used for impeachment or on rebuttal.When the evidence is admitted, the court shall, if requested, charge the jury on the limited purpose for which the evidence is received and is to be considered. After the close of the evidence, the jury shall be instructed on the limited purpose for which the evidence was received and that the defendant cannot be convicted for a charge not included in the indictment or information.
(d)1. When the state in a criminal action intends to offer evidence of other criminal offenses under paragraph (a), paragraph (b), or paragraph (c), no fewer than 10 days before trial, the state shall furnish to the defendant or to the defendant’s counsel a written statement of the acts or offenses it intends to offer, describing them with the particularity required of an indictment or information. No notice is required for evidence of offenses used for impeachment or on rebuttal.
2. When the evidence is admitted, the court shall, if requested, charge the jury on the limited purpose for which the evidence is received and is to be considered. After the close of the evidence, the jury shall be instructed on the limited purpose for which the evidence was received and that the defendant cannot be convicted for a charge not included in the indictment or information.

(3)

Nothing in this section affects the admissibility of evidence under s. 90.610.

Source: Section 90.404 — Character evidence; when admissible, https://www.­flsenate.­gov/Laws/Statutes/2024/0090.­404 (accessed Aug. 7, 2025).

90.91
Photographs of property wrongfully taken 90.101
Short title 90.102
Construction 90.103
Scope 90.104
Rulings on evidence 90.105
Preliminary questions 90.106
Summing up and comment by judge 90.107
Limited admissibility 90.108
Introduction of related writings or recorded statements 90.201
Matters which must be judicially noticed 90.202
Matters which may be judicially noticed 90.203
Compulsory judicial notice upon request 90.204
Determination of propriety of judicial notice and nature of matter noticed 90.205
Denial of a request for judicial notice 90.206
Instructing jury on judicial notice 90.207
Judicial notice by trial court in subsequent proceedings 90.301
Presumption defined 90.302
Classification of rebuttable presumptions 90.303
Presumption affecting the burden of producing evidence defined 90.304
Presumption affecting the burden of proof defined 90.401
Definition of relevant evidence 90.402
Admissibility of relevant evidence 90.403
Exclusion on grounds of prejudice or confusion 90.404
Character evidence 90.405
Methods of proving character 90.406
Routine practice 90.407
Subsequent remedial measures 90.408
Compromise and offers to compromise 90.409
Payment of medical and similar expenses 90.410
Offer to plead guilty 90.501
Privileges recognized only as provided 90.502
Lawyer-client privilege 90.503
Psychotherapist-patient privilege 90.504
Husband-wife privilege 90.505
Privilege with respect to communications to clergy 90.506
Privilege with respect to trade secrets 90.507
Waiver of privilege by voluntary disclosure 90.508
Privileged matter disclosed under compulsion or without opportunity to claim privilege 90.509
Application of privileged communication 90.510
Privileged communication necessary to adverse party 90.601
General rule of competency 90.603
Disqualification of witness 90.604
Lack of personal knowledge 90.605
Oath or affirmation of witness 90.606
Interpreters and translators 90.607
Competency of certain persons as witnesses 90.608
Who may impeach 90.609
Character of witness as impeachment 90.610
Conviction of certain crimes as impeachment 90.611
Religious beliefs or opinions 90.612
Mode and order of interrogation and presentation 90.613
Refreshing the memory of a witness 90.614
Prior statements of witnesses 90.615
Calling witnesses by the court 90.616
Exclusion of witnesses 90.701
Opinion testimony of lay witnesses 90.702
Testimony by experts 90.703
Opinion on ultimate issue 90.704
Basis of opinion testimony by experts 90.705
Disclosure of facts or data underlying expert opinion 90.706
Authoritativeness of literature for use in cross-examination 90.801
Hearsay 90.802
Hearsay rule 90.803
Hearsay exceptions 90.804
Hearsay exceptions 90.805
Hearsay within hearsay 90.806
Attacking and supporting credibility of declarant 90.901
Requirement of authentication or identification 90.902
Self-authentication 90.903
Testimony of subscribing witness unnecessary 90.951
Definitions 90.952
Requirement of originals 90.953
Admissibility of duplicates 90.954
Admissibility of other evidence of contents 90.955
Public records 90.956
Summaries 90.957
Testimony or written admissions of a party 90.958
Functions of court and jury 90.2035
Judicial notice of information taken from web mapping services, global satellite imaging sites, or Internet mapping tools 90.4025
Admissibility of paternity determination in certain criminal prosecutions 90.4026
Statements expressing sympathy 90.5015
Journalist’s privilege 90.5021
Fiduciary lawyer-client privilege 90.5035
Sexual assault counselor-victim privilege 90.5036
Domestic violence advocate-victim privilege 90.5037
Human trafficking victim advocate-victim privilege 90.5055
Accountant-client privilege 90.6063
Interpreter services for deaf persons

Current through Fall 2025

§ 90.404. Character evidence; when admissible's source at flsenate​.gov