HB 391

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

CODING: Words stricken are deletions; words underlined are additions.