| 1 | A bill to be entitled |
| 2 | An act relating to expert testimony; amending s. 90.702, |
| 3 | F.S.; providing that a witness qualified as an expert may |
| 4 | testify as to the facts at issue in a case under certain |
| 5 | circumstances; requiring the courts of this state to |
| 6 | interpret and apply the specified provisions relating to |
| 7 | expert testimony in conformity with specified United |
| 8 | States Supreme Court decisions; amending s. 90.704, F.S.; |
| 9 | prohibiting disclosure of facts or data that are otherwise |
| 10 | inadmissible by an expert absent a finding that their |
| 11 | probative value in assisting the jury to evaluate the |
| 12 | expert's opinion substantially outweighs their prejudicial |
| 13 | effect; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Section 90.702, Florida Statutes, is amended to |
| 18 | read: |
| 19 | 90.702 Testimony by experts.- |
| 20 | (1) If scientific, technical, or other specialized |
| 21 | knowledge will assist the trier of fact in understanding the |
| 22 | evidence or in determining a fact in issue, a witness qualified |
| 23 | as an expert by knowledge, skill, experience, training, or |
| 24 | education may testify about it in the form of an opinion or |
| 25 | otherwise if: |
| 26 | (a) The testimony is based upon sufficient facts or data; |
| 27 | (b) The testimony is the product of reliable principles |
| 28 | and methods; and |
| 29 | (c) The witness has applied the principles and methods |
| 30 | reliably to the facts of the case; however, the opinion is |
| 31 | admissible only if it can be applied to evidence at trial. |
| 32 | (2) The courts of this state shall interpret and apply the |
| 33 | requirements of subsection (1) and s. 90.704 in accordance with |
| 34 | Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 |
| 35 | (1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997); |
| 36 | Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999); and |
| 37 | Weisgram v. Marley Co., 528 U.S. 440 (2000). Frye v. United |
| 38 | States, 293 F. 1013 (D.C. Cir. 1923) and subsequent Florida |
| 39 | decisions applying or implementing Frye shall no longer apply to |
| 40 | subsection (1) or s. 90.704. |
| 41 | Section 2. Section 90.704, Florida Statutes, is amended to |
| 42 | read: |
| 43 | 90.704 Basis of opinion testimony by experts.-The facts or |
| 44 | data upon which an expert bases an opinion or inference may be |
| 45 | those perceived by, or made known to, the expert at or before |
| 46 | the trial. If the facts or data are of a type reasonably relied |
| 47 | upon by experts in the subject to support the opinion expressed, |
| 48 | the facts or data need not be admissible in evidence. Facts or |
| 49 | data that are otherwise inadmissible shall not be disclosed to |
| 50 | the jury by the proponent of the opinion or inference unless the |
| 51 | court determines that their probative value in assisting the |
| 52 | jury to evaluate the expert's opinion substantially outweighs |
| 53 | their prejudicial effect. |
| 54 | Section 3. This act shall take effect July 1, 2011. |