HB 661

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


CODING: Words stricken are deletions; words underlined are additions.