§ 90.405, Fla. Stat. — Methods of Proving Character
Plain English
Once character evidence is actually allowed (under § 90.404), this rule tells you how to prove it. The default method is reputation — testimony about what the community says about the person. The narrow exception: when a character trait is itself an essential element of a charge, claim, or defense (think a defamation case about reputation, or a negligent-hiring claim), you may prove it with specific instances of the person’s conduct. Otherwise, you’re limited to reputation — you can’t parade specific bad acts to paint a character picture.
From the Courtroom
The trap is trying to prove character with specific bad acts when reputation is all you’re entitled to. Specific instances are reserved for the rare case where character is itself an element — defamation, negligent hiring, entrapment. Reach for specific acts outside those lanes and you’ll draw the objection and lose the jury’s trust in the bargain.
Key Points & Authority
- § 90.405(1), Fla. Stat. — When character evidence is admissible, it is proved by reputation testimony.
- § 90.405(2): specific instances of conduct are allowed only when character or a trait is an essential element of a charge, claim, or defense.
- Federal parallel: Fed. R. Evid. 405 — same structure, though the federal rule also permits opinion testimony alongside reputation.
Federal Parallel
The federal counterpart is Fed. R. Evid. 405. The difference mirrors § 90.609: FRE 405 allows character to be proved by opinion or reputation, while Florida’s § 90.405 uses reputation (with specific instances reserved for essential-element cases).
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) REPUTATION.—When evidence of the character of a person or of a trait of that person’s character is admissible, proof may be made by testimony about that person’s reputation.
(2) SPECIFIC INSTANCES OF CONDUCT.—When character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may be made of specific instances of that person’s conduct.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.405 provides that admissible character evidence is proved by reputation testimony, and specific instances of conduct may be used only when character or a trait is an essential element of a charge, claim, or defense.