CS/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 by
4knowledge, skill, experience, training, or education may
5testify in the form of an opinion as to the facts at issue
6in a case under certain circumstances; requiring the
7courts of this state to interpret and apply the principles
8of expert testimony in conformity with specified United
9States Supreme Court decisions; amending s. 90.704, F.S.;
10providing that facts or data that are otherwise
11inadmissible in evidence may not be disclosed to the jury
12by the proponent of the opinion or inference unless the
13court determines that the probative value of the facts or
14data in assisting the jury to evaluate the expert's
15opinion substantially outweighs the prejudicial effect of
16the facts or data; providing an effective date.
18Be It Enacted by the Legislature of the State of Florida:
20     Section 1.  Section 90.702, Florida Statutes, is amended to
22     90.702  Testimony by experts.-
23     (1)  If scientific, technical, or other specialized
24knowledge will assist the trier of fact in understanding the
25evidence or in determining a fact in issue, a witness qualified
26as an expert by knowledge, skill, experience, training, or
27education may testify about it in the form of an opinion or
28otherwise, if:
29     (a)  The testimony is based upon sufficient facts or data;
30     (b)  The testimony is the product of reliable principles
31and methods; and
32     (c)  The witness has applied the principles and methods
33reliably to the facts of the case; however, the opinion is
34admissible only if it can be applied to evidence at trial.
35     (2)  The courts of this state shall interpret and apply the
36requirements of subsection (1) and s. 90.704 in accordance with
37Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579
38(1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997); and
39Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999). Frye v.
40United States, 293 F. 1013 (D.C. Cir. 1923) and subsequent
41Florida decisions applying or implementing Frye no longer apply
42to subsection (1) or s. 90.704.
43     Section 2.  Section 90.704, Florida Statutes, is amended to
45     90.704  Basis of opinion testimony by experts.-The facts or
46data upon which an expert bases an opinion or inference may be
47those perceived by, or made known to, the expert at or before
48the trial. If the facts or data are of a type reasonably relied
49upon by experts in the subject to support the opinion expressed,
50the facts or data need not be admissible in evidence. Facts or
51data that are otherwise inadmissible shall not be disclosed to
52the jury by the proponent of the opinion or inference unless the
53court determines that their probative value in assisting the
54jury to evaluate the expert's opinion substantially outweighs
55their prejudicial effect.
56     Section 3.  This act shall take effect July 1, 2011.

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