Bill Text: FL S0822 | 2011 | Regular Session | Comm Sub
Bill Title: Expert Testimony
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0822 Detail]
Download: Florida-2011-S0822-Comm_Sub.html
Florida Senate - 2011 CS for SB 822 By the Committee on Judiciary; and Senator Bogdanoff 590-02270-11 2011822c1 1 A bill to be entitled 2 An act relating to expert testimony; amending s. 3 90.702, F.S.; providing that a witness qualified as an 4 expert by knowledge, skill, experience, training, or 5 education may testify in the form of an opinion as to 6 the facts at issue in a case under certain 7 circumstances; requiring the courts of this state to 8 interpret and apply the principles of expert testimony 9 in conformity with specified United States Supreme 10 Court decisions; amending s. 90.704, F.S.; providing 11 that facts or data that are otherwise inadmissible in 12 evidence may not be disclosed to the jury by the 13 proponent of the opinion or inference unless the court 14 determines that the probative value of the facts or 15 data in assisting the jury to evaluate the expert’s 16 opinion substantially outweighs the prejudicial effect 17 of the facts or data; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 90.702, Florida Statutes, is amended to 22 read: 23 90.702 Testimony by experts.— 24 (1) If scientific, technical, or other specialized 25 knowledge will assist the trier of fact in understanding the 26 evidence or in determining a fact in issue, a witness qualified 27 as an expert by knowledge, skill, experience, training, or 28 education may testify about it in the form of an opinion, or 29 otherwise, if: 30 (a) The testimony is based upon sufficient facts or data; 31 (b) The testimony is the product of reliable principles and 32 methods; and 33 (c) The witness has applied the principles and methods 34 reliably to the facts of the case; however, the opinion is35admissible only if it can be applied to evidence at trial. 36 (2) The courts of this state shall interpret and apply the 37 requirements of subsection (1) and s. 90.704 in accordance with 38 Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 39 (1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997); and 40 Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999). Frye v. 41 United States, 293 F. 1013 (D.C. Cir. 1923) and subsequent 42 Florida decisions applying or implementing Frye no longer apply 43 to subsection (1) or s. 90.704. 44 Section 2. Section 90.704, Florida Statutes, is amended to 45 read: 46 90.704 Basis of opinion testimony by experts.—The facts or 47 data upon which an expert bases an opinion or inference may be 48 those perceived by, or made known to, the expert at or before 49 the trial. If the facts or data are of a type reasonably relied 50 upon by experts in the subject to support the opinion expressed, 51 the facts or data need not be admissible in evidence. Facts or 52 data that are otherwise inadmissible in evidence may not be 53 disclosed to the jury by the proponent of the opinion or 54 inference unless the court determines that the probative value 55 of the facts or data in assisting the jury to evaluate the 56 expert’s opinion substantially outweighs the prejudicial effect 57 of the facts or data. 58 Section 3. This act shall take effect July 1, 2011.