1 | A bill to be entitled |
2 | An act relating to expert testimony; amending s. 90.702, |
3 | F.S.; providing that a witness qualified as an expert may |
4 | testify as to the facts at issue in a case under certain |
5 | circumstances; requiring the courts of this state to |
6 | interpret and apply the specified provisions relating to |
7 | expert testimony in conformity with specified United |
8 | States Supreme Court decisions; amending s. 90.704, F.S.; |
9 | prohibiting disclosure of facts or data that are otherwise |
10 | inadmissible by an expert absent a finding that their |
11 | probative value in assisting the jury to evaluate the |
12 | expert's opinion substantially outweighs their prejudicial |
13 | effect; providing an effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
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17 | Section 1. Section 90.702, Florida Statutes, is amended to |
18 | read: |
19 | 90.702 Testimony by experts.- |
20 | (1) If scientific, technical, or other specialized |
21 | knowledge will assist the trier of fact in understanding the |
22 | evidence or in determining a fact in issue, a witness qualified |
23 | as an expert by knowledge, skill, experience, training, or |
24 | education may testify about it in the form of an opinion or |
25 | otherwise if: |
26 | (a) The testimony is based upon sufficient facts or data; |
27 | (b) The testimony is the product of reliable principles |
28 | and methods; and |
29 | (c) The witness has applied the principles and methods |
30 | reliably to the facts of the case; however, the opinion is |
31 | admissible only if it can be applied to evidence at trial. |
32 | (2) The courts of this state shall interpret and apply the |
33 | requirements of subsection (1) and s. 90.704 in accordance with |
34 | Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 |
35 | (1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997); |
36 | Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999); and |
37 | Weisgram v. Marley Co., 528 U.S. 440 (2000). Frye v. United |
38 | States, 293 F. 1013 (D.C. Cir. 1923) and subsequent Florida |
39 | decisions applying or implementing Frye shall no longer apply to |
40 | subsection (1) or s. 90.704. |
41 | Section 2. Section 90.704, Florida Statutes, is amended to |
42 | read: |
43 | 90.704 Basis of opinion testimony by experts.-The facts or |
44 | data upon which an expert bases an opinion or inference may be |
45 | those perceived by, or made known to, the expert at or before |
46 | the trial. If the facts or data are of a type reasonably relied |
47 | upon by experts in the subject to support the opinion expressed, |
48 | the facts or data need not be admissible in evidence. Facts or |
49 | data that are otherwise inadmissible shall not be disclosed to |
50 | the jury by the proponent of the opinion or inference unless the |
51 | court determines that their probative value in assisting the |
52 | jury to evaluate the expert's opinion substantially outweighs |
53 | their prejudicial effect. |
54 | Section 3. This act shall take effect July 1, 2011. |