Bill Text: FL S0822 | 2011 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Expert Testimony
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0822 Detail]
Download: Florida-2011-S0822-Introduced.html
Bill Title: Expert Testimony
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0822 Detail]
Download: Florida-2011-S0822-Introduced.html
Florida Senate - 2011 SB 822 By Senator Bogdanoff 25-00521A-11 2011822__ 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; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Section 90.702, Florida Statutes, is amended to 15 read: 16 90.702 Testimony by experts.— 17 (1) If scientific, technical, or other specialized 18 knowledge will assist the trier of fact in understanding the 19 evidence or in determining a fact in issue, a witness qualified 20 as an expert by knowledge, skill, experience, training, or 21 education may testify about it in the form of an opinion, or 22 otherwise, if: 23 (a) The testimony is based upon sufficient facts or data; 24 (b) The testimony is the product of reliable principles and 25 methods; and 26 (c) The witness has applied the principles and methods 27 reliably to the facts of the case;however, the opinion is28admissible only if it can be applied to evidence at trial. 29 (2) The courts of this state shall interpret and apply the 30 requirements of subsection (1) and s. 90.704 in accordance with 31 Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 32 (1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997); 33 Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999); and 34 Weisgram v. Marley Co., 528 U.S. 440 (2000). Frye v. United 35 States, 293 F. 1013 (D.C. Cir. 1923) and subsequent Florida 36 decisions applying or implementing Frye no longer apply to 37 subsection (1) or s. 90.704. 38 Section 2. This act shall take effect July 1, 2011.