Florida Senate - 2009                                    SB 1220
       
       
       
       By Senator Richter
       
       
       
       
       37-01063-09                                           20091220__
    1                        A bill to be entitled                      
    2         An act relating to expert testimony; amending s.
    3         90.702, F.S.; revising the circumstances under which
    4         the court may allow a witness who is qualified as an
    5         expert to testify as to the facts at issue in a case;
    6         requiring that state courts interpret and apply
    7         certain requirements for expert testimony in
    8         accordance with specified decisions of the United
    9         States Supreme Court; providing an effective date.
   10         
   11  Be It Enacted by the Legislature of the State of Florida:
   12         
   13         Section 1. Section 90.702, Florida Statutes, is amended to
   14  read:
   15         90.702 Testimony by experts.—
   16         (1) If scientific, technical, or other specialized
   17  knowledge will assist the trier of fact in understanding the
   18  evidence or in determining a fact in issue, a witness qualified
   19  as an expert by knowledge, skill, experience, training, or
   20  education may testify about it in the form of an opinion, or
   21  otherwise, if:;
   22         (a) The testimony is based upon sufficient facts or data;
   23         (b) The testimony is the product of reliable principles and
   24  methods; and
   25         (c) The witness has applied the principles and methods
   26  reliably to the facts of the case however, the opinion is
   27  admissible only if it can be applied to evidence at trial.
   28         (2) The courts of this state shall interpret and apply the
   29  requirements of subsection (1) and s. 90.704 in accordance with
   30  Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579
   31  (1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997);
   32  Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999), and
   33  Weisgram v. Marley Co., 528 U.S. 440 (2000).
   34         Section 2. This act shall take effect July 1, 2009.