Loading chat...

FL H0243

Bill

Status

Failed

3/9/2012

Primary Sponsor

Michael Weinstein

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Amends Florida Statutes section 90.702 to allow qualified expert witnesses to testify in opinion form if testimony is based on sufficient facts or data, uses reliable principles and methods, and applies those principles reliably to the case facts.

  • Removes the requirement that expert opinions be "applicable to evidence at trial" and replaces it with a three-part test based on federal standards.

  • Directs Florida courts to interpret and apply expert testimony rules according to Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993), General Electric Co. v. Joiner (1997), and Kumho Tire Co., Ltd. v. Carmichael (1999), replacing the prior Frye standard.

  • Extends the Daubert standard to "pure opinion testimony" previously governed by Marsh v. Valyou.

  • Amends section 90.704 to prohibit disclosure of inadmissible facts or data to the jury unless the court determines the probative value in evaluating the expert's opinion substantially outweighs the prejudicial effect.

Legislative Description

Expert Testimony

Last Action

Died in returning Messages

3/9/2012

Committee Referrals

Judiciary1/11/2012
Civil Justice Subcommittee10/17/2011

Full Bill Text

No bill text available