Bill Amendment: FL S0846 | 2021 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Medical Expenses

Status: 2021-04-30 - Died in Health Policy [S0846 Detail]

Download: Florida-2021-S0846-Senate_Committee_Amendment_377066.html

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       Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 846
       
       
       
       
       
       
                                Ì377066=Î377066                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Judiciary (Thurston) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 61 and 62
    4  insert:
    5         Section 2. Section 90.702, Florida Statutes, is amended to
    6  read:
    7         90.702 Testimony by experts.—If scientific, technical, or
    8  other specialized knowledge will assist the trier of fact in
    9  understanding the evidence or in determining a fact in issue, a
   10  witness qualified as an expert by knowledge, skill, experience,
   11  training, or education may testify about it in the form of an
   12  opinion; however, the opinion is admissible only if it can be
   13  applied to evidence at trial and the method by which that
   14  evidence was obtained has been generally accepted by experts in
   15  the particular field in which it belongs or otherwise, if:
   16         (1) The testimony is based upon sufficient facts or data;
   17         (2) The testimony is the product of reliable principles and
   18  methods; and
   19         (3) The witness has applied the principles and methods
   20  reliably to the facts of the case.
   21         Section 3. Section 90.704, Florida Statutes, is amended to
   22  read:
   23         90.704 Basis of opinion testimony by experts.—The facts or
   24  data upon which an expert bases an opinion or inference may be
   25  those perceived by, or made known to, the expert at or before
   26  the trial. If the facts or data are of a type reasonably relied
   27  upon by experts in the subject to support the opinion expressed,
   28  the facts or data need not be admissible in evidence. Facts or
   29  data that are otherwise inadmissible may not be disclosed to the
   30  jury by the proponent of the opinion or inference unless the
   31  court determines that their probative value in assisting the
   32  jury to evaluate the expert’s opinion substantially outweighs
   33  their prejudicial effect.
   34  
   35  ================= T I T L E  A M E N D M E N T ================
   36  And the title is amended as follows:
   37         Delete lines 2 - 9
   38  and insert:
   39         An act relating to court proceedings; creating s.
   40         768.0427, F.S.; defining the term “health care
   41         coverage”; specifying that certain evidence offered to
   42         prove damages for the cost of past medical expenses is
   43         admissible in a personal injury or wrongful death
   44         action under certain circumstances; specifying damages
   45         that may be recovered by a claimant for the reasonable
   46         and necessary cost or value of medical care rendered;
   47         amending s. 90.702, F.S.; revising requirements for
   48         opinion testimony by expert witnesses; amending s.
   49         90.704, F.S.; revising the circumstances under which
   50         opinion testimony by expert witnesses is admissible or
   51         may be disclosed to the jury;