| 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 by |
| 4 | knowledge, skill, experience, training, or education may |
| 5 | testify in the form of an opinion as to the facts at issue |
| 6 | in a case under certain circumstances; requiring the |
| 7 | courts of this state to interpret and apply the principles |
| 8 | of expert testimony in conformity with specified United |
| 9 | States Supreme Court decisions; amending s. 90.704, F.S.; |
| 10 | providing that facts or data that are otherwise |
| 11 | inadmissible in evidence may not be disclosed to the jury |
| 12 | by the proponent of the opinion or inference unless the |
| 13 | court determines that the probative value of the facts or |
| 14 | data in assisting the jury to evaluate the expert's |
| 15 | opinion substantially outweighs the prejudicial effect of |
| 16 | the facts or data; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 90.702, Florida Statutes, is amended to |
| 21 | read: |
| 22 | 90.702 Testimony by experts.- |
| 23 | (1) If scientific, technical, or other specialized |
| 24 | knowledge will assist the trier of fact in understanding the |
| 25 | evidence or in determining a fact in issue, a witness qualified |
| 26 | as an expert by knowledge, skill, experience, training, or |
| 27 | education may testify about it in the form of an opinion or |
| 28 | otherwise, if: |
| 29 | (a) The testimony is based upon sufficient facts or data; |
| 30 | (b) The testimony is the product of reliable principles |
| 31 | and methods; and |
| 32 | (c) The witness has applied the principles and methods |
| 33 | reliably to the facts of the case; however, the opinion is |
| 34 | admissible only if it can be applied to evidence at trial. |
| 35 | (2) The courts of this state shall interpret and apply the |
| 36 | requirements of subsection (1) and s. 90.704 in accordance with |
| 37 | Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 |
| 38 | (1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997); and |
| 39 | Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999). Frye v. |
| 40 | United States, 293 F. 1013 (D.C. Cir. 1923) and subsequent |
| 41 | Florida decisions applying or implementing Frye no longer apply |
| 42 | to subsection (1) or s. 90.704. |
| 43 | Section 2. Section 90.704, Florida Statutes, is amended to |
| 44 | read: |
| 45 | 90.704 Basis of opinion testimony by experts.-The facts or |
| 46 | data upon which an expert bases an opinion or inference may be |
| 47 | those perceived by, or made known to, the expert at or before |
| 48 | the trial. If the facts or data are of a type reasonably relied |
| 49 | upon by experts in the subject to support the opinion expressed, |
| 50 | the facts or data need not be admissible in evidence. Facts or |
| 51 | data that are otherwise inadmissible shall not be disclosed to |
| 52 | the jury by the proponent of the opinion or inference unless the |
| 53 | court determines that their probative value in assisting the |
| 54 | jury to evaluate the expert's opinion substantially outweighs |
| 55 | their prejudicial effect. |
| 56 | Section 3. This act shall take effect July 1, 2011. |