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-Senate_Floor_Amendment_Delete_All_196848.html

---

       Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for SB 1412
       
       
       
       
       
       
                                Barcode 196848                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                 Floor: WD/2R          .                                
             04/25/2013 09:37 AM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Richter 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.—
    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 is
   19  admissible only if it can be applied to evidence at trial.
   20         (2) The courts of this state shall interpret and apply the
   21  requirements of subsection (1) and s. 90.704 in accordance with
   22  Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579
   23  (1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997); and
   24  Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999). Frye v.
   25  United States, 293 F. 1013 (D.C. Cir. 1923), and subsequent
   26  Florida decisions applying or implementing Frye no longer apply
   27  to subsection (1) or s. 90.704. All proposed expert testimony,
   28  including pure opinion testimony as discussed in Marsh v.
   29  Valyou, 977 So. 2d 543 (Fla. 2007), is subject to subsection (1)
   30  and s. 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 shall not be disclosed to
   40  the 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 as to
   55         the facts at issue in a case under certain
   56         circumstances; requiring the courts of this state to
   57         interpret and apply the principles of expert testimony
   58         in conformity with specified United States Supreme
   59         Court decisions; subjecting pure opinion testimony to
   60         such requirements; amending s. 90.704, F.S.; providing
   61         that facts or data that are otherwise inadmissible in
   62         evidence may not be disclosed to the jury by the
   63         proponent of the opinion or inference unless the court
   64         determines that the probative value of the facts or
   65         data in assisting the jury to evaluate the expert’s
   66         opinion substantially outweighs the prejudicial effect
   67         of the facts or data; providing an effective date.