Florida Senate - 2012                              CS for SB 378
       
       
       
       By the Committee on Budget; and Senator Richter
       
       
       
       
       576-04371-12                                           2012378c1
    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; providing that the elements necessary
    8         to permit a witness to testify as an expert witness
    9         are satisfied if the principles or methods on which
   10         such knowledge is based are generally accepted by the
   11         relevant expert community; providing for
   12         applicability; amending s. 90.704, F.S.; providing
   13         that facts or data that are otherwise inadmissible in
   14         evidence may not be disclosed to the jury by the
   15         proponent of the opinion or inference unless the court
   16         determines that the probative value of the facts or
   17         data in assisting the jury to evaluate the expert’s
   18         opinion substantially outweighs the prejudicial effect
   19         of the facts or data; providing an effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 90.702, Florida Statutes, is amended to
   24  read:
   25         90.702 Testimony by experts.—
   26         (1) If scientific, technical, or other specialized
   27  knowledge will assist the trier of fact in understanding the
   28  evidence or in determining a fact in issue, a witness qualified
   29  as an expert by knowledge, skill, experience, training, or
   30  education may testify about it in the form of an opinion, or
   31  otherwise, if:
   32         (a) The testimony is based upon sufficient facts or data;
   33         (b) The testimony is the product of reliable principles and
   34  methods; and
   35         (c) The witness has applied the principles and methods
   36  reliably to the facts of the case; however, the opinion is
   37  admissible only if it can be applied to evidence at trial.
   38         (2) The threshold required by subsection (1) to permit a
   39  witness to testify as an expert witness is satisfied if the
   40  principles or methods on which such knowledge is based are
   41  generally accepted by the relevant expert community.
   42         (3) The stated testimonial requirements apply in any case
   43  in which the expert opinion testimony is based on scientific,
   44  technical, or other specialized knowledge.
   45         Section 2. Section 90.704, Florida Statutes, is amended to
   46  read:
   47         90.704 Basis of opinion testimony by experts.—The facts or
   48  data upon which an expert bases an opinion or inference may be
   49  those perceived by, or made known to, the expert at or before
   50  the trial. If the facts or data are of a type reasonably relied
   51  upon by experts in the subject to support the opinion expressed,
   52  the facts or data need not be admissible in evidence. Facts or
   53  data that are otherwise inadmissible shall not be disclosed to
   54  the jury by the proponent of the opinion or inference unless the
   55  court determines that their probative value in assisting the
   56  jury to evaluate the expert’s opinion substantially outweighs
   57  their prejudicial effect.
   58         Section 3. This act shall take effect July 1, 2012.