§ 90.404, Fla. Stat. — Character Evidence & the Williams Rule
Plain English
This is the rule that stops a trial from turning into “he’s a bad guy, so he probably did it.” As a baseline, you can’t use someone’s character to prove they acted in conformity with it on a particular occasion. But the headline is subsection (2) — Florida’s famous Williams rule. It lets “similar fact” evidence of other crimes, wrongs, or acts come in to prove something specific: motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake — but never just to show bad character or a propensity to offend. Florida has broader, special provisions in child-molestation and sexual-offense cases, and the State has to give the defense at least 10 days’ notice before using this kind of evidence at trial.
From the Courtroom
Few rules spark hotter sidebars than the Williams rule. The fight is almost always the same shape: the prosecution insists the prior act proves intent, identity, or a common plan — while the defense argues it’s raw propensity wearing a respectable label. Where the judge draws that line can quietly decide the entire case before the jury hears a word of it.
Key Points & Authority
- § 90.404(1), Fla. Stat. — Character evidence is generally inadmissible to prove action in conformity, subject to the accused/victim/witness exceptions.
- § 90.404(2) (the Williams rule): similar-fact evidence of other acts is admissible to prove motive, intent, plan, identity, knowledge, or absence of mistake — but not to prove bad character or propensity; 10 days’ pretrial notice is required in criminal cases.
- Federal parallel: Fed. R. Evid. 404(b) (other-acts evidence); the federal counterparts to Florida’s sexual-offense provisions are Fed. R. Evid. 413–414.
Federal Parallel
The federal counterpart is Fed. R. Evid. 404, especially 404(b) on “other crimes, wrongs, or acts.” The structure is the same — no propensity, but admissible for a proper non-character purpose — though Florida’s notice mechanics and its child-molestation/sexual-offense provisions differ in detail.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(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: (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.—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.—(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)–(c) In criminal cases involving child molestation or a sexual offense, evidence of the defendant’s commission of other such acts is admissible and may be considered for its bearing on any matter to which it is relevant, as defined by statute. (d) When the state intends to offer evidence under this subsection, it must, no fewer than 10 days before trial, furnish the defendant a written statement of the acts or offenses it intends to offer; and the court must, on request, instruct the jury on the limited purpose for which the evidence is received.
(3) Nothing in this section affects the admissibility of evidence under s. 90.610.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.404 bars using character to prove action in conformity, but its Williams rule (subsection 2) admits similar-fact evidence of other crimes, wrongs, or acts to prove motive, intent, plan, identity, knowledge, or absence of mistake — never mere propensity — with 10 days’ notice required in criminal cases.