Florida Senate - 2011 SENATOR AMENDMENT
Bill No. CS for HB 391
Barcode 426216
LEGISLATIVE ACTION
Senate . House
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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 trier
24 of fact in understanding the evidence or in determining a fact
25 in issue, a witness qualified as an expert by knowledge, skill,
26 experience, training, or education may testify about it in the
27 form of an opinion; however, the opinion is admissible only if
28 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.;