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 is
   35  admissible 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.