Florida Senate - 2011 SENATOR AMENDMENT Bill No. CS for HB 391 Barcode 426216 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Fasano moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 23 - 42 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 trier24 of fact in understanding the evidence or in determining a fact25 in issue, a witness qualified as an expert by knowledge, skill,26 experience, training, or education may testify about it in the27 form of an opinion; however, the opinion is admissible only if28 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 6 - 9 33 and insert: 34 in a case under certain circumstances; providing that 35 scientific, technical, or other specialized knowledge 36 may serve as the basis for expert testimony if the 37 scientific, technical, or other principles or methods 38 underlying the testimony meet certain threshold 39 requirements, which must be generally accepted by the 40 relevant expert community; amending s. 90.704, F.S.;