HB 243

1	A bill to be entitled
2	An act relating to expert testimony; amending s.
3	90.702, F.S.; providing that a witness qualified as an
4	expert by knowledge, skill, experience, training, or
5	education may testify in the form of an opinion as to
6	the facts at issue in a case under certain
7	circumstances; requiring the courts of this state to
8	interpret and apply the principles of expert testimony
9	in conformity with specified United States Supreme
10	Court decisions; subjecting pure opinion testimony to
11	such requirements; amending s. 90.704, F.S.; providing
12	that facts or data that are otherwise inadmissible in
13	evidence may not be disclosed to the jury by the
14	proponent of the opinion or inference unless the court
15	determines that the probative value of the facts or
16	data in assisting the jury to evaluate the expert's
17	opinion substantially outweighs the prejudicial effect
18	of the facts or data; providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Section 90.702, Florida Statutes, is amended to
23	read:
24	90.702  Testimony by experts.-
25	(1)  If scientific, technical, or other specialized
26	knowledge will assist the trier of fact in understanding the
27	evidence or in determining a fact in issue, a witness qualified
28	as an expert by knowledge, skill, experience, training, or
29	education may testify about it in the form of an opinion or
30	otherwise, if:
31	(a)  The testimony is based upon sufficient facts or data;
32	(b)  The testimony is the product of reliable principles
33	and methods; and
34	(c)  The witness has applied the principles and methods
35	reliably to the facts of the case; however, the opinion is
36	admissible only if it can be applied to evidence at trial.
37	(2)  The courts of this state shall interpret and apply the
38	requirements of subsection (1) and s. 90.704 in accordance with
39	Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579
40	(1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997); and
41	Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999). Frye v.
42	United States, 293 F. 1013 (D.C. Cir. 1923) and subsequent
43	Florida decisions applying or implementing Frye no longer apply
44	to subsection (1) or s. 90.704. All proposed expert testimony,
45	including pure opinion testimony as discussed in Marsh v.
46	Valyou, 977 So. 2d 543 (Fla. 2007), is subject to subsection (1)
47	and s. 90.704.
48	Section 2.  Section 90.704, Florida Statutes, is amended to
49	read:
50	90.704  Basis of opinion testimony by experts.-The facts or
51	data upon which an expert bases an opinion or inference may be
52	those perceived by, or made known to, the expert at or before
53	the trial. If the facts or data are of a type reasonably relied
54	upon by experts in the subject to support the opinion expressed,
55	the facts or data need not be admissible in evidence. Facts or
56	data that are otherwise inadmissible shall not be disclosed to
57	the jury by the proponent of the opinion or inference unless the
58	court determines that their probative value in assisting the
59	jury to evaluate the expert's opinion substantially outweighs
60	their prejudicial effect.
61	Section 3.  This act shall take effect July 1, 2012.

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