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A bill to be entitled

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An act relating to expert witnesses; amending s. 90.702,

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F.S.; revising requirements for admission of expert

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testimony; amending s. 90.704, F.S.; providing that facts

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or data that are otherwise inadmissible shall not be

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disclosed to a jury except in specified circumstances;

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amending s. 90.705, F.S.; providing for a pretrial hearing

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to determine whether an expert's proposed testimony

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satisfies specified requirements; providing a standard for

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appellate review of such determination; providing for

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interlocutory appeal of a ruling to admit or exclude

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expert testimony; providing a directive to the Division of

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Statutory Revision; creating s. 90.707, F.S.; requiring

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courts to interpret specified provisions consistently with

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specified Federal Rules of Evidence and United States

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Supreme Court opinions; providing severability; providing

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for applicability; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 90.702, Florida Statutes, is amended to

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read:

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     90.702  Testimony by experts.--

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     (1) If scientific, technical, or other specialized

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knowledge will assist the trier of fact in understanding the

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evidence or in determining a fact in issue, a witness qualified

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as an expert by knowledge, skill, experience, training, or

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education may testify about it in the form of an opinion or

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otherwise, if all of the following are true:

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     (a) The testimony is based upon sufficient facts or data.

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     (b) The testimony is the product of reliable principles and

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methods.

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     (c) The witness has applied the principles and methods

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reliably to the facts of the case; however, the opinion is

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admissible only if it can be applied to evidence at trial.

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     (2) An expert may only offer expert testimony with respect

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to a particular field in which the expert is qualified.

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     Section 2.  Section 90.704, Florida Statutes, is amended to

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read:

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     90.704  Basis of opinion testimony by experts.--The facts or

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data upon which an expert bases an opinion or inference may be

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those perceived by, or made known to, the expert at or before the

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trial. If the facts or data are of a type reasonably relied upon

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by experts in the subject to support the opinion expressed, the

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facts or data need not be admissible in evidence in order for the

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opinion or inference to be admitted. Facts or data that are

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otherwise inadmissible shall not be disclosed to a jury by the

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proponent of the opinion or inference unless the court determines

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that the probative value of the facts or data in assisting the

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jury to evaluate the expert's opinion substantially outweighs the

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prejudicial effect of disclosing the facts or data.

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     Section 3.  Section 90.705, Florida Statutes, is amended to

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read:

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     90.705  Disclosure of facts or data underlying expert

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opinion.--

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     (1)  Unless otherwise required by the court, an expert may

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testify in terms of opinion or inferences and give reasons

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without prior disclosure of the underlying facts or data. On

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cross-examination the expert shall be required to specify the

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facts or data.

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     (2) Upon timely motion of a party, the court shall hold a

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hearing prior to trial to determine whether an expert's proposed

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testimony, including pure opinion testimony, satisfies the

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requirements of ss. 90.702 and 90.704. The trial court's ruling

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shall set forth the findings of fact and conclusions of law upon

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which the order to admit or exclude expert testimony is based.

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Prior to the witness giving the opinion, a party against whom the

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opinion or inference is offered may conduct a voir dire

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examination of the witness directed to the underlying facts or

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data for the witness's opinion. If the party establishes prima

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facie evidence that the expert does not have a sufficient basis

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for the opinion, the opinions and inferences of the expert are

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inadmissible unless the party offering the testimony establishes

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the underlying facts or data.

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     (3) The trial court's ruling is a determination of law,

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which shall be reviewed de novo on appeal.

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     (4) Interlocutory appeal of a ruling to admit or exclude

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expert testimony shall be available at the discretion of the

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appellate court. In deciding whether to grant such an appeal, the

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court shall consider whether:

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     (a) The ruling involves a challenge to the

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constitutionality of this act;

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     (b) The testimony would help prove or disprove criminal

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liability; or

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     (c) The testimony would establish civil liability at or

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above $75,000.

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Neither a party's failure to seek interlocutory appeal nor an

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appellate court's denial of a motion for interlocutory appeal

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shall affect a party's right to appeal a ruling to admit or

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exclude expert testimony after an entry of judgment in the case.

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     Section 4. The Division of Statutory Revision is directed

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to substitute the chapter law number in the Laws of Florida

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assigned to this act for the phrase "this act" wherever it occurs

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in s. 90.705, Florida Statutes, as amended by this act, when

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preparing that section for publication in the next edition of the

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Florida Statutes.

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     Section 5.  Section 90.707, Florida Statutes, is created to

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read:

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     90.707 Uniformity in interpretation.--The courts of this

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state shall interpret and apply the requirements of ss. 90.702

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and 90.704 in a manner consistent with Rules 702 and 703, Federal

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Rules of Evidence, and with all United States Supreme Court case

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law interpreting those rules in effect at the time of enactment

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of this provision.

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     Section 6. If any provision of this act or the application

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thereof to any person or circumstance is held invalid, the

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invalidity does not affect other provisions or applications of

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the act that can be given effect without the invalid provision or

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application, and to this end the provisions of this act are

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declared severable and shall remain valid and enforceable.

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     Section 7.  This act shall take effect July 1, 2008, and

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shall apply to all actions commenced on or after the effective

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date and to all pending actions in which trial has not been

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scheduled or in which trial commences more than 90 calendar days

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after that date.