Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. HB 7015
       
       
       
       
       
       
                                Barcode 768244                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .         Floor: SENA1/C         
             04/25/2013 10:44 AM       .      04/26/2013 04:15 PM       
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       Senators Negron, Benacquisto, and Galvano moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 90.702, Florida Statutes, is amended to
    6  read:
    7         90.702 Testimony by experts.—If scientific, technical, or
    8  other specialized knowledge will assist the trier of fact in
    9  understanding the evidence or in determining a fact in issue, a
   10  witness qualified as an expert by knowledge, skill, experience,
   11  training, or education may testify about it in the form of an
   12  opinion or otherwise, if:
   13         (1) The testimony is based upon sufficient facts or data;
   14         (2) The testimony is the product of reliable principles and
   15  methods; and
   16         (3) The witness has applied the principles and methods
   17  reliably to the facts of the case; however, the opinion is
   18  admissible only if it can be applied to evidence at trial.
   19         Section 2. Section 90.704, Florida Statutes, is amended to
   20  read:
   21         90.704 Basis of opinion testimony by experts.—The facts or
   22  data upon which an expert bases an opinion or inference may be
   23  those perceived by, or made known to, the expert at or before
   24  the trial. If the facts or data are of a type reasonably relied
   25  upon by experts in the subject to support the opinion expressed,
   26  the facts or data need not be admissible in evidence. Facts or
   27  data that are otherwise inadmissible may not be disclosed to the
   28  jury by the proponent of the opinion or inference unless the
   29  court determines that their probative value in assisting the
   30  jury to evaluate the expert’s opinion substantially outweighs
   31  their prejudicial effect.
   32         Section 3. This act shall take effect July 1, 2013.
   33  
   34  ================= T I T L E  A M E N D M E N T ================
   35         And the title is amended as follows:
   36         Delete everything before the enacting clause
   37  and insert:
   38                        A bill to be entitled                      
   39         An act relating to expert testimony; amending s.
   40         90.702, F.S.; providing that a witness qualified as an
   41         expert by knowledge, skill, experience, training, or
   42         education may testify in the form of an opinion as to
   43         the facts at issue in a case under certain
   44         circumstances; requiring the courts of this state to
   45         interpret and apply the principles of expert testimony
   46         in conformity with specified United States Supreme
   47         Court decisions; subjecting pure opinion testimony to
   48         such requirements; amending s. 90.704, F.S.; providing
   49         that facts or data that are otherwise inadmissible in
   50         evidence may not be disclosed to the jury by the
   51         proponent of the opinion or inference unless the court
   52         determines that the probative value of the facts or
   53         data in assisting the jury to evaluate the expert’s
   54         opinion substantially outweighs the prejudicial effect
   55         of the facts or data; providing an effective date.
   56  
   57         WHEREAS, the Supreme Court of the United States in Daubert
   58  v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)
   59  replaced the standard for expert testimony in all federal courts
   60  that was first articulated in Frye v. United States, 293 F.2d
   61  1013 (D.C. Cir 1923) with a new standard that is known as the
   62  Daubert standard, and
   63         WHEREAS, the United States Supreme Court has subsequently
   64  reaffirmed and refined the Daubert standard in the cases of
   65  General Electric Co. v. Joiner, 522 U.S. 136 (1997) and Kumho
   66  Tire Co. v. Carmichael, 526 U.S. 137 (1999), and
   67         WHEREAS, Florida’s Evidence Code is generally patterned
   68  after the Federal Rules of Evidence,
   69         WHEREAS, Rule 702 of the Federal Rules of Evidence,
   70  applicable to all federal courts, was amended in 2000 to reflect
   71  the holdings in Daubert v. Merrell Dow Pharmaceuticals, Inc.,
   72  509 U.S. 579 (1993), General Electric Co. v. Joiner, 522 U.S.
   73  136 (1997), and Kumho Tire Co. v. Carmichael, 526 U.S. 137
   74  (1999), and
   75         WHEREAS, as result of the 2000 amendment, Rule 702 of the
   76  Federal Rules of Evidence provides that:
   77         A witness who is qualified as an expert by knowledge,
   78  skill, experience, training, or education may testify in the
   79  form of an opinion or otherwise if:
   80         (a) The expert’s scientific, technical, or other
   81  specialized knowledge will help the trier of fact to understand
   82  the evidence or to determine a fact in issue;
   83         (b) The testimony is based on sufficient facts or data;
   84         (c) The testimony is the product of reliable principles and
   85  methods; and
   86         (d) The expert has reliably applied the principles and
   87  methods to the facts of the case, and
   88         WHEREAS, by amending s. 90.702, Florida Statutes, to
   89  pattern it after Rule 702 of the Federal Rules of Evidence as
   90  amended in 2000, the Florida Legislature intends to adopt the
   91  standards for expert testimony in the courts of this state as
   92  provided in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509
   93  U.S. 579 (1993), General Electric Co. v. Joiner, 522 U.S. 136
   94  (1997), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999),
   95  and to no longer apply the standard in Frye v. United States,
   96  293 F.2d 1013 (D.C. Cir 1923) in the courts of this state, and
   97         WHEREAS, by amending s. 90.702, Florida Statutes, the
   98  Florida Legislature intends to prohibit in the courts of this
   99  state pure opinion testimony as provided in Marsh v. Valyou, 977
  100  So.2d 543 (Fla. 2007), NOW, THEREFORE,