| 1 | A bill to be entitled |
| 2 | An act relating to expert witnesses; amending s. 90.702, |
| 3 | F.S.; revising requirements for admission of expert |
| 4 | testimony; amending s. 90.704, F.S.; providing that facts |
| 5 | or data that are otherwise inadmissible shall not be |
| 6 | disclosed to a jury except in specified circumstances; |
| 7 | amending s. 90.705, F.S.; providing for a pretrial hearing |
| 8 | to determine whether an expert's proposed testimony |
| 9 | satisfies specified requirements; providing a standard for |
| 10 | appellate review of such determination; providing for |
| 11 | interlocutory appeal of a ruling to admit or exclude |
| 12 | expert testimony; providing a directive to the Division of |
| 13 | Statutory Revision; creating s. 90.707, F.S.; requiring |
| 14 | courts to interpret specified provisions consistently with |
| 15 | specified Federal Rules of Evidence and United States |
| 16 | Supreme Court opinions; providing severability; providing |
| 17 | for applicability; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 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 all of the following are true: |
| 30 | (a) The testimony is based upon sufficient facts or data. |
| 31 | (b) The testimony is the product of reliable principles |
| 32 | and methods. |
| 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) An expert may only offer expert testimony with respect |
| 37 | to a particular field in which the expert is qualified. |
| 38 | Section 2. Section 90.704, Florida Statutes, is amended to |
| 39 | read: |
| 40 | 90.704 Basis of opinion testimony by experts.--The facts |
| 41 | or data upon which an expert bases an opinion or inference may |
| 42 | be those perceived by, or made known to, the expert at or before |
| 43 | the trial. If the facts or data are of a type reasonably relied |
| 44 | upon by experts in the subject to support the opinion expressed, |
| 45 | the facts or data need not be admissible in evidence in order |
| 46 | for the opinion or inference to be admitted. Facts or data that |
| 47 | are otherwise inadmissible shall not be disclosed to a jury by |
| 48 | the proponent of the opinion or inference unless the court |
| 49 | determines that the probative value of the facts or data in |
| 50 | assisting the jury to evaluate the expert's opinion |
| 51 | substantially outweighs the prejudicial effect of disclosing the |
| 52 | facts or data. |
| 53 | Section 3. Section 90.705, Florida Statutes, is amended to |
| 54 | read: |
| 55 | 90.705 Disclosure of facts or data underlying expert |
| 56 | opinion.-- |
| 57 | (1) Unless otherwise required by the court, an expert may |
| 58 | testify in terms of opinion or inferences and give reasons |
| 59 | without prior disclosure of the underlying facts or data. On |
| 60 | cross-examination the expert shall be required to specify the |
| 61 | facts or data. |
| 62 | (2) Upon timely motion of a party, the court shall hold a |
| 63 | hearing prior to trial to determine whether an expert's proposed |
| 64 | testimony, including pure opinion testimony, satisfies the |
| 65 | requirements of ss. 90.702 and 90.704. The trial court's ruling |
| 66 | shall set forth the findings of fact and conclusions of law upon |
| 67 | which the order to admit or exclude expert testimony is based. |
| 68 | Prior to the witness giving the opinion, a party against whom |
| 69 | the opinion or inference is offered may conduct a voir dire |
| 70 | examination of the witness directed to the underlying facts or |
| 71 | data for the witness's opinion. If the party establishes prima |
| 72 | facie evidence that the expert does not have a sufficient basis |
| 73 | for the opinion, the opinions and inferences of the expert are |
| 74 | inadmissible unless the party offering the testimony establishes |
| 75 | the underlying facts or data. |
| 76 | (3) The trial court's ruling is a determination of law, |
| 77 | which shall be reviewed de novo on appeal. |
| 78 | (4) Interlocutory appeal of a ruling to admit or exclude |
| 79 | expert testimony shall be available at the discretion of the |
| 80 | appellate court. In deciding whether to grant such an appeal, |
| 81 | the court shall consider whether: |
| 82 | (a) The ruling involves a challenge to the |
| 83 | constitutionality of this act; |
| 84 | (b) The testimony would help prove or disprove criminal |
| 85 | liability; or |
| 86 | (c) The testimony would establish civil liability at or |
| 87 | above $75,000. |
| 88 | |
| 89 | Neither a party's failure to seek interlocutory appeal nor an |
| 90 | appellate court's denial of a motion for interlocutory appeal |
| 91 | shall affect a party's right to appeal a ruling to admit or |
| 92 | exclude expert testimony after an entry of judgment in the case. |
| 93 | Section 4. The Division of Statutory Revision is directed |
| 94 | to substitute the chapter law number in the Laws of Florida |
| 95 | assigned to this act for the phrase "this act" wherever it |
| 96 | occurs in s. 90.705, Florida Statutes, as amended by this act, |
| 97 | when preparing that section for publication in the next edition |
| 98 | of the Florida Statutes. |
| 99 | Section 5. Section 90.707, Florida Statutes, is created to |
| 100 | read: |
| 101 | 90.707 Uniformity in interpretation.--The courts of this |
| 102 | state shall interpret and apply the requirements of ss. 90.702 |
| 103 | and 90.704 in a manner consistent with Rules 702 and 703, |
| 104 | Federal Rules of Evidence, and with all United States Supreme |
| 105 | Court case law interpreting those rules in effect at the time of |
| 106 | enactment of this provision. |
| 107 | Section 6. If any provision of this act or the application |
| 108 | thereof to any person or circumstance is held invalid, the |
| 109 | invalidity does not affect other provisions or applications of |
| 110 | the act that can be given effect without the invalid provision |
| 111 | or application, and to this end the provisions of this act are |
| 112 | declared severable and shall remain valid and enforceable. |
| 113 | Section 7. This act shall take effect July 1, 2008, and |
| 114 | shall apply to all actions commenced on or after the effective |
| 115 | date and to all pending actions in which trial has not been |
| 116 | scheduled or in which trial commences more than 90 calendar days |
| 117 | after that date. |