Bill Amendment: FL S1412 | 2013 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Expert Testimony
Status: 2013-04-25 - Laid on Table, companion bill(s) passed, see HB 7015 (Ch. 2013-107) [S1412 Detail]
Download: Florida-2013-S1412-Rules_Committee_Amendment_Delete_All_452792.html
Bill Title: Expert Testimony
Status: 2013-04-25 - Laid on Table, companion bill(s) passed, see HB 7015 (Ch. 2013-107) [S1412 Detail]
Download: Florida-2013-S1412-Rules_Committee_Amendment_Delete_All_452792.html
Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SB 1412 Barcode 452792 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/22/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Simmons) recommended 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.— 8 (1) If scientific, technical, or other specialized 9 knowledge will assist the trier of fact in understanding the 10 evidence or in determining a fact in issue, a witness qualified 11 as an expert by knowledge, skill, experience, training, or 12 education may testify about it in the form of an opinion or 13 otherwise if: 14 (a) The testimony is based upon sufficient facts or data; 15 (b) The testimony is the product of reliable principles and 16 methods; and 17 (c) The witness has applied the principles and methods 18 reliably to the facts of the case; however, the opinion is19admissible only if it can be applied to evidence at trial. 20 (2) The threshold required under subsection (1) to allow a 21 witness to testify as an expert witness is satisfied if the 22 principles and methods on which such knowledge is based are 23 sufficiently established as generally accepted by the relevant 24 expert community and are relevant to the facts of the particular 25 case. 26 (3) The stated testimonial requirements apply in any case 27 in which the expert opinion testimony is based on scientific, 28 technical, or other specialized knowledge. All proposed expert 29 testimony, including pure opinion testimony, is subject to ss. 30 90.702 and 90.704. 31 Section 2. Section 90.704, Florida Statutes, is amended to 32 read: 33 90.704 Basis of opinion testimony by experts.—The facts or 34 data upon which an expert bases an opinion or inference may be 35 those perceived by, or made known to, the expert at or before 36 the trial. If the facts or data are of a type reasonably relied 37 upon by experts in the subject to support the opinion expressed, 38 the facts or data need not be admissible in evidence. Facts or 39 data that are otherwise inadmissible may not be disclosed to the 40 jury by the proponent of the opinion or inference unless the 41 court determines that their probative value in assisting the 42 jury to evaluate the expert’s opinion substantially outweighs 43 their prejudicial effect. 44 Section 3. This act shall take effect July 1, 2013. 45 46 ================= T I T L E A M E N D M E N T ================ 47 And the title is amended as follows: 48 Delete everything before the enacting clause 49 and insert: 50 A bill to be entitled 51 An act relating to expert testimony; amending s. 52 90.702, F.S.; providing that a witness qualified as an 53 expert by knowledge, skill, experience, training, or 54 education may testify in the form of an opinion or 55 otherwise as to the facts at issue in a case under 56 certain circumstances; providing that the elements 57 necessary to allow a witness to testify as an expert 58 witness are satisfied if the principles and methods on 59 which such knowledge is based are generally accepted 60 by the relevant expert community; providing for 61 applicability; amending s. 90.704, F.S.; providing 62 that facts or data that are otherwise inadmissible in 63 evidence may not be disclosed to the jury by the 64 proponent of the opinion or inference unless the court 65 determines that the probative value of the facts or 66 data in assisting the jury to evaluate the expert’s 67 opinion substantially outweighs the prejudicial effect 68 of the facts or data; providing an effective date. 69 70 WHEREAS, the Legislature finds that the admissibility of 71 expert testimony in the State of Florida is in need of revision 72 and clarification, and 73 WHEREAS, the Legislature finds that the admissibility of 74 expert testimony should be subject to a standard that generally 75 applies the requirement of Daubert v. Merrell Dow 76 Pharmaceuticals, Inc., 509 U.S. 579 (1993), and federal rule of 77 evidence 702, while recognizing that once knowledge is based 78 upon principles and methods that are generally accepted within 79 an expert community, a court need not continually reexamine the 80 basis for such knowledge, but must ensure that the generally 81 accepted principles and methods are relevant to the facts of the 82 case before the court, and 83 WHEREAS, this act does not alter the authority of the 84 courts in this state to manage their dockets as they deem 85 appropriate, including, but not limited to, deciding whether a 86 hearing or presentation of live testimony is required to resolve 87 a pending motion, and 88 WHEREAS, the Legislature finds that all proposed expert 89 testimony should be subject to the new standards of s. 90.702, 90 Florida Statutes, as revised in this act, and as such, Marsh v. 91 Valyou, 977 So. 2d 543 (Fla. 2007) and its holding as to pure 92 opinion testimony, is overruled, NOW, THEREFORE,