Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 822
       
       
       
       
       
       
                                Barcode 138732                          
       
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       The Committee on Budget (Simmons) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 23 - 43
    4  and insert:
    5         90.702 Testimony by experts.—
    6         (1) Subject to the limitations in subsection (2), if
    7  scientific, technical, or other specialized knowledge will
    8  assist the trier of fact to understand the evidence or to
    9  determine a fact in issue, a witness qualified as an expert by
   10  knowledge, skill, experience, training, or education may testify
   11  thereto in the form of an opinion or otherwise.
   12         (2) Scientific, technical, or other specialized knowledge
   13  may serve as the basis for expert testimony if the scientific,
   14  technical, or other principles or methods underlying the
   15  testimony meet a threshold showing that they:
   16         (a) are reliable;
   17         (b) are based upon sufficient facts or data; and
   18         (c) have been reliably applied to the facts of the case.
   19         (3) The threshold showing required by subsection (2) is
   20  satisfied if the principles or methods on which such knowledge
   21  is based, including the sufficiency of facts or data and the
   22  manner of their application to the facts of the case, are
   23  generally accepted by the relevant expert community.
   24         If scientific, technical, or other specialized knowledge
   25  will assist the trier of fact in understanding the evidence or
   26  in determining a fact in issue, a witness qualified as an expert
   27  by knowledge, skill, experience, training, or education may
   28  testify about it in the form of an opinion; however, the opinion
   29  is admissible only if it can be applied to evidence at trial.
   30