Bill Text: FL S0378 | 2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Expert Testimony
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-08 - Laid on Table -SJ 1065 [S0378 Detail]
Download: Florida-2012-S0378-Introduced.html
Bill Title: Expert Testimony
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-08 - Laid on Table -SJ 1065 [S0378 Detail]
Download: Florida-2012-S0378-Introduced.html
Florida Senate - 2012 SB 378 By Senator Richter 37-00133D-12 2012378__ 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; requiring the courts of this state to 8 interpret and apply the principles of expert testimony 9 in conformity with specified United States Supreme 10 Court decisions; subjecting pure opinion testimony to 11 such requirements; amending s. 90.704, F.S.; providing 12 that facts or data that are otherwise inadmissible in 13 evidence may not be disclosed to the jury by the 14 proponent of the opinion or inference unless the court 15 determines that the probative value of the facts or 16 data in assisting the jury to evaluate the expert’s 17 opinion substantially outweighs the prejudicial effect 18 of the facts or data; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Section 90.702, Florida Statutes, is amended to 23 read: 24 90.702 Testimony by experts.— 25 (1) If scientific, technical, or other specialized 26 knowledge will assist the trier of fact in understanding the 27 evidence or in determining a fact in issue, a witness qualified 28 as an expert by knowledge, skill, experience, training, or 29 education may testify about it in the form of an opinion, or 30 otherwise, if: 31 (a) The testimony is based upon sufficient facts or data; 32 (b) The testimony is the product of reliable principles and 33 methods; and 34 (c) The witness has applied the principles and methods 35 reliably to the facts of the case; however, the opinion is36admissible only if it can be applied to evidence at trial. 37 (2) The courts of this state shall interpret and apply the 38 requirements of subsection (1) and s. 90.704 in accordance with 39 Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 40 (1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997); and 41 Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999). Frye v. 42 United States, 293 F. 1013 (D.C. Cir. 1923) and subsequent 43 Florida decisions applying or implementing Frye no longer apply 44 to subsection (1) or s. 90.704. All proposed expert testimony, 45 including pure opinion testimony as discussed in Marsh v. 46 Valyou, 977 So. 2d 543 (Fla. 2007), is subject to subsection (1) 47 and s. 90.704. 48 Section 2. Section 90.704, Florida Statutes, is amended to 49 read: 50 90.704 Basis of opinion testimony by experts.—The facts or 51 data upon which an expert bases an opinion or inference may be 52 those perceived by, or made known to, the expert at or before 53 the trial. If the facts or data are of a type reasonably relied 54 upon by experts in the subject to support the opinion expressed, 55 the facts or data need not be admissible in evidence. Facts or 56 data that are otherwise inadmissible shall not be disclosed to 57 the jury by the proponent of the opinion or inference unless the 58 court determines that their probative value in assisting the 59 jury to evaluate the expert’s opinion substantially outweighs 60 their prejudicial effect. 61 Section 3. This act shall take effect July 1, 2012.