Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for SB 822
       
       
       
       
       
       
                                Barcode 649358                          
       
                              LEGISLATIVE ACTION                        
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       Senator Fasano moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 24 - 43
    4  and insert:
    5         (1) Subject to the limitations in subsection (2), if
    6  scientific, technical, or other specialized knowledge will
    7  assist the trier of fact to understand the evidence or to
    8  determine a fact in issue, a witness qualified as an expert by
    9  knowledge, skill, experience, training, or education may testify
   10  thereto in the form of an opinion or otherwise.
   11         (2) Scientific, technical, or other specialized knowledge
   12  may serve as the basis for expert testimony if the scientific,
   13  technical, or other principles or methods underlying the
   14  testimony meet a threshold showing that they:
   15         (a) Are reliable;
   16         (b) Are based upon sufficient facts or data; and
   17         (c) Have been reliably applied to the facts of the case.
   18         (3) The threshold required in subsection (2) is satisfied
   19  if the principles or methods on which such knowledge is based,
   20  including the sufficiency of facts or data and the manner of
   21  their application to the facts of the case, are generally
   22  accepted by the relevant expert community. If scientific,
   23  technical, or other specialized knowledge will assist the trier
   24  of fact in understanding the evidence or in determining a fact
   25  in issue, a witness qualified as an expert by knowledge, skill,
   26  experience, training, or education may testify about it in the
   27  form of an opinion; however, the opinion is admissible only if
   28  it can be applied to evidence at trial.
   29  
   30  ================= T I T L E  A M E N D M E N T ================
   31         And the title is amended as follows:
   32         Delete lines 7 - 10
   33  and insert:
   34         circumstances; providing that scientific, technical,
   35         or other specialized knowledge may serve as the basis
   36         for expert testimony if the scientific, technical, or
   37         other principles or methods underlying the testimony
   38         meet certain threshold requirements, which must be
   39         generally accepted by the relevant expert community;
   40         amending s. 90.704, F.S.; providing