Bill Text: FL S1412 | 2013 | Regular Session | Comm Sub

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Bill Title: Expert Testimony

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-04-25 - Laid on Table, companion bill(s) passed, see HB 7015 (Ch. 2013-107) [S1412 Detail]

Download: Florida-2013-S1412-Comm_Sub.html

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       Florida Senate - 2013                             CS for SB 1412
       
       
       
       By the Committee on Rules; and Senator Richter
       
       
       
       
       595-04861-13                                          20131412c1
    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 or
    6         otherwise as to the facts at issue in a case under
    7         certain circumstances; providing that the elements
    8         necessary to allow a witness to testify as an expert
    9         witness are satisfied if the principles and methods on
   10         which such knowledge is based are generally accepted
   11         by the relevant expert community; providing for
   12         applicability; amending s. 90.704, F.S.; providing
   13         that facts or data that are otherwise inadmissible in
   14         evidence may not be disclosed to the jury by the
   15         proponent of the opinion or inference unless the court
   16         determines that the probative value of the facts or
   17         data in assisting the jury to evaluate the expert’s
   18         opinion substantially outweighs the prejudicial effect
   19         of the facts or data; providing an effective date.
   20  
   21         WHEREAS, the Legislature finds that the admissibility of
   22  expert testimony in the State of Florida is in need of revision
   23  and clarification, and
   24         WHEREAS, the Legislature finds that the admissibility of
   25  expert testimony should be subject to a standard that generally
   26  applies the requirement of Daubert v. Merrell Dow
   27  Pharmaceuticals, Inc., 509 U.S. 579 (1993), and Federal Rule of
   28  Evidence 702, while recognizing that once knowledge is based
   29  upon principles and methods that are generally accepted within
   30  an expert community, a court need not continually reexamine the
   31  basis for such knowledge, but must ensure that the generally
   32  accepted principles and methods are relevant to the facts of the
   33  case before the court, and
   34         WHEREAS, this act does not alter the authority of the
   35  courts in this state to manage their dockets as they deem
   36  appropriate, including, but not limited to, deciding whether a
   37  hearing or presentation of live testimony is required to resolve
   38  a pending motion, and
   39         WHEREAS, the Legislature finds that all proposed expert
   40  testimony should be subject to the new standards of s. 90.702,
   41  Florida Statutes, as revised in this act, and as such, Marsh v.
   42  Valyou, 977 So. 2d 543 (Fla. 2007) and its holding as to pure
   43  opinion testimony, is overruled, NOW, THEREFORE,
   44  
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Section 90.702, Florida Statutes, is amended to
   48  read:
   49         90.702 Testimony by experts.—
   50         (1) If scientific, technical, or other specialized
   51  knowledge will assist the trier of fact in understanding the
   52  evidence or in determining a fact in issue, a witness qualified
   53  as an expert by knowledge, skill, experience, training, or
   54  education may testify about it in the form of an opinion or
   55  otherwise if:
   56         (a) The testimony is based upon sufficient facts or data;
   57         (b) The testimony is the product of reliable principles and
   58  methods; and
   59         (c) The witness has applied the principles and methods
   60  reliably to the facts of the case; however, the opinion is
   61  admissible only if it can be applied to evidence at trial.
   62         (2) The threshold required under subsection (1) to allow a
   63  witness to testify as an expert witness is satisfied if the
   64  principles and methods on which such knowledge is based are
   65  sufficiently established as generally accepted by the relevant
   66  expert community and are relevant to the facts of the particular
   67  case.
   68         (3) The stated testimonial requirements apply in any case
   69  in which the expert opinion testimony is based on scientific,
   70  technical, or other specialized knowledge. All proposed expert
   71  testimony, including pure opinion testimony, is subject to ss.
   72  90.702 and 90.704.
   73         Section 2. Section 90.704, Florida Statutes, is amended to
   74  read:
   75         90.704 Basis of opinion testimony by experts.—The facts or
   76  data upon which an expert bases an opinion or inference may be
   77  those perceived by, or made known to, the expert at or before
   78  the trial. If the facts or data are of a type reasonably relied
   79  upon by experts in the subject to support the opinion expressed,
   80  the facts or data need not be admissible in evidence. Facts or
   81  data that are otherwise inadmissible may not be disclosed to the
   82  jury by the proponent of the opinion or inference unless the
   83  court determines that their probative value in assisting the
   84  jury to evaluate the expert’s opinion substantially outweighs
   85  their prejudicial effect.
   86         Section 3. This act shall take effect July 1, 2013.