Bill Text: FL S0378 | 2012 | Regular Session | Comm Sub
Bill Title: Expert Testimony
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-08 - Laid on Table -SJ 1065 [S0378 Detail]
Download: Florida-2012-S0378-Comm_Sub.html
Florida Senate - 2012 CS for SB 378 By the Committee on Budget; and Senator Richter 576-04371-12 2012378c1 1 A bill to be entitled 2 An act relating to expert testimony; amending s. 3 90.702, F.S.; providing that a witness qualified as an 4 expert by knowledge, skill, experience, training, or 5 education may testify in the form of an opinion as to 6 the facts at issue in a case under certain 7 circumstances; providing that the elements necessary 8 to permit a witness to testify as an expert witness 9 are satisfied if the principles or methods on which 10 such knowledge is based are generally accepted by the 11 relevant expert community; providing for 12 applicability; amending s. 90.704, F.S.; providing 13 that facts or data that are otherwise inadmissible in 14 evidence may not be disclosed to the jury by the 15 proponent of the opinion or inference unless the court 16 determines that the probative value of the facts or 17 data in assisting the jury to evaluate the expert’s 18 opinion substantially outweighs the prejudicial effect 19 of the facts or data; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Section 90.702, Florida Statutes, is amended to 24 read: 25 90.702 Testimony by experts.— 26 (1) If scientific, technical, or other specialized 27 knowledge will assist the trier of fact in understanding the 28 evidence or in determining a fact in issue, a witness qualified 29 as an expert by knowledge, skill, experience, training, or 30 education may testify about it in the form of an opinion, or 31 otherwise, if: 32 (a) The testimony is based upon sufficient facts or data; 33 (b) The testimony is the product of reliable principles and 34 methods; and 35 (c) The witness has applied the principles and methods 36 reliably to the facts of the case; however, the opinion is37admissible only if it can be applied to evidence at trial. 38 (2) The threshold required by subsection (1) to permit a 39 witness to testify as an expert witness is satisfied if the 40 principles or methods on which such knowledge is based are 41 generally accepted by the relevant expert community. 42 (3) The stated testimonial requirements apply in any case 43 in which the expert opinion testimony is based on scientific, 44 technical, or other specialized knowledge. 45 Section 2. Section 90.704, Florida Statutes, is amended to 46 read: 47 90.704 Basis of opinion testimony by experts.—The facts or 48 data upon which an expert bases an opinion or inference may be 49 those perceived by, or made known to, the expert at or before 50 the trial. If the facts or data are of a type reasonably relied 51 upon by experts in the subject to support the opinion expressed, 52 the facts or data need not be admissible in evidence. Facts or 53 data that are otherwise inadmissible shall not be disclosed to 54 the jury by the proponent of the opinion or inference unless the 55 court determines that their probative value in assisting the 56 jury to evaluate the expert’s opinion substantially outweighs 57 their prejudicial effect. 58 Section 3. This act shall take effect July 1, 2012.