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