Florida Senate - 2011                                     SB 822
       
       
       
       By Senator Bogdanoff
       
       
       
       
       25-00521A-11                                           2011822__
    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; providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 90.702, Florida Statutes, is amended to
   15  read:
   16         90.702 Testimony by experts.—
   17         (1) If scientific, technical, or other specialized
   18  knowledge will assist the trier of fact in understanding the
   19  evidence or in determining a fact in issue, a witness qualified
   20  as an expert by knowledge, skill, experience, training, or
   21  education may testify about it in the form of an opinion, or
   22  otherwise, if:
   23         (a) The testimony is based upon sufficient facts or data;
   24         (b) The testimony is the product of reliable principles and
   25  methods; and
   26         (c) The witness has applied the principles and methods
   27  reliably to the facts of the case; however, the opinion is
   28  admissible only if it can be applied to evidence at trial.
   29         (2) The courts of this state shall interpret and apply the
   30  requirements of subsection (1) and s. 90.704 in accordance with
   31  Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579
   32  (1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997);
   33  Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999); and
   34  Weisgram v. Marley Co., 528 U.S. 440 (2000). Frye v. United
   35  States, 293 F. 1013 (D.C. Cir. 1923) and subsequent Florida
   36  decisions applying or implementing Frye no longer apply to
   37  subsection (1) or s. 90.704.
   38         Section 2. This act shall take effect July 1, 2011.