Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. HB 243
       
       
       
       
       
       
                                Barcode 358794                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/08/2012 05:09 PM       .                                
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       Senator Simmons moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 90.702, Florida Statutes, is amended to
    6  read:
    7         90.702 Testimony by experts.—
    8         (1) If scientific, technical, or other specialized
    9  knowledge will assist the trier of fact in understanding the
   10  evidence or in determining a fact in issue, a witness qualified
   11  as an expert by knowledge, skill, experience, training, or
   12  education may testify about it in the form of an opinion, or
   13  otherwise, if:
   14         (a)The testimony is based upon sufficient facts or data;
   15         (b)The testimony is the product of reliable principles and
   16  methods; and
   17         (c)The witness has applied the principles and methods
   18  reliably to the facts of the case; however, the opinion is
   19  admissible only if it can be applied to evidence at trial.
   20         (2) The threshold required by subsection (1) to permit a
   21  witness to testify as an expert witness is satisfied if the
   22  principles and methods on which such knowledge is based are
   23  sufficiently established as generally accepted by the relevant
   24  expert community and are relevant to the facts of the particular
   25  case.
   26         (3)The stated testimonial requirements apply in any case
   27  in which the expert opinion testimony is based on scientific,
   28  technical, or other specialized knowledge. All proposed expert
   29  testimony, including pure opinion testimony, is subject to ss.
   30  90.702 and 90.704.
   31         Section 2. Section 90.704, Florida Statutes, is amended to
   32  read:
   33         90.704 Basis of opinion testimony by experts.—The facts or
   34  data upon which an expert bases an opinion or inference may be
   35  those perceived by, or made known to, the expert at or before
   36  the trial. If the facts or data are of a type reasonably relied
   37  upon by experts in the subject to support the opinion expressed,
   38  the facts or data need not be admissible in evidence. Facts or
   39  data that are otherwise inadmissible shall not be disclosed to
   40  the jury by the proponent of the opinion or inference unless the
   41  court determines that their probative value in assisting the
   42  jury to evaluate the expert’s opinion substantially outweighs
   43  their prejudicial effect.
   44         Section 3. This act shall take effect July 1, 2012.
   45  
   46  ================= T I T L E  A M E N D M E N T ================
   47         And the title is amended as follows:
   48         Delete everything before the enacting clause
   49  and insert:
   50                        A bill to be entitled                      
   51         An act relating to expert testimony; amending s.
   52         90.702, F.S.; providing that a witness qualified as an
   53         expert by knowledge, skill, experience, training, or
   54         education may testify in the form of an opinion as to
   55         the facts at issue in a case under certain
   56         circumstances; providing that the elements necessary
   57         to permit a witness to testify as an expert witness
   58         are satisfied if the principles and methods on which
   59         such knowledge is based are generally accepted by the
   60         relevant expert community; providing for
   61         applicability; amending s. 90.704, F.S.; providing
   62         that facts or data that are otherwise inadmissible in
   63         evidence may not be disclosed to the jury by the
   64         proponent of the opinion or inference unless the court
   65         determines that the probative value of the facts or
   66         data in assisting the jury to evaluate the expert’s
   67         opinion substantially outweighs the prejudicial effect
   68         of the facts or data; providing an effective date.
   69  
   70         WHEREAS, the Legislature finds that the admissibility of
   71  expert testimony in the state of Florida is in need of revision
   72  and clarification, and
   73         WHEREAS, the Legislature finds that the admissibility of
   74  expert testimony should be subject to a standard that generally
   75  applies the requirement of Daubert v. Merrell Dow
   76  Pharmaceuticals, Inc., 509 U.S. 579 (1993), and federal rule of
   77  evidence 702, while recognizing that once knowledge is based
   78  upon principles and methods that are generally accepted within
   79  an expert community, a court need not continually reexamine the
   80  basis for such knowledge, but must ensure that the generally
   81  accepted principles and methods are relevant to the facts of the
   82  case before the court. This act does not alter the authority of
   83  the courts in this state to manage their dockets as they deem
   84  appropriate, including, but not limited to, deciding whether a
   85  hearing or presentation of live testimony is required to resolve
   86  a pending motion, and
   87         WHEREAS, the Legislature finds that all proposed expert
   88  testimony should be subject to the new standards of s. 90.702,
   89  Florida Statutes, as revised in this act, and as such, Marsh v.
   90  Valyou, 977 So. 2d 543 (Fla. 2007) and its holding as to pure
   91  opinion testimony, is overruled, NOW, THEREFORE,