Florida/Georgia Personal Injury & Workers Compensation

...ety glass. Defense counsel objected again on the same grounds, but the court permitted the question. Dr. Wright went on to explain that a person could kick in a glass door. Under Florida's Evidence Code, admission of Dr. Wright's opinion was proper. Section 90.702, Florida Statutes (1995), provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge,...

...Ramirez v. State, 542 So.2d 352, 355 (Fla.1989). An expert is permitted to express an opinion on matters in which the witness has expertise when the opinion is in response to facts disclosed to the expert at or before the trial. § 90.704, Fla.Stat. (1993). Section 90.702 requires that before an expert may testify in the form of an opinion, two preliminary factual determinations must be made by the court under section 90.105....

...identity and weight of the rocky substance contained in the sandwich bag which he had obtained from Darryl Jenkins. On appeal, Brooks claims that the trial court clearly erred in making this determination. We reject Brooks' claim on the merits. [16] Section 90.702, Florida Statutes (1999), provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge,...

...On appeal, the Third District approved the admission of the officer's testimony, holding that the trial court did not "abuse its discretion by finding that the officer qualified, through his training and extensive work experience, as an `expert' in marijuana identification." Id. (citing, among other authorities, section 90.702, Florida Statutes (1983)); cf., e.g., Pama v....

...ering from a condition known as Post Traumatic Stress Syndrome, the Fourth District employed the relevancy *846 approach based on our evidence code for determining the admissibility of such expert testimony. Noting that the "helpfulness" standard of section 90.702 [3] reflects a liberal policy in the admission of expert testimony, the court held: With some qualification, we believe the relevancy approach set out in the evidence code is the appropriate standard for determining the admissibility of expert testimony on child sexual abuse....

...y should usually be received only where the disputed issue for which the evidence is offered, is beyond the ordinary understanding of the jury. Johnson v. State, 393 So.2d 1069, 1072 (Fla. 1980). This view is consistent with the first requirement of section 90.702, that the opinion evidence be helpful to the trier of fact, as well as the provisions of section 90.403, that the danger of prejudice may outweigh the value of the evidence....

...section 90.403 was designed to prevent. While there is no requirement to demonstrate general acceptance, we believe that, without some indicia of reliability, opinion evidence on a particular subject could hardly be helpful to a jury as required by section 90.702....

...The State's expert witnesses were skillfully and thoroughly cross-examined, but no expert witness testified for the defense. (D) ADMISSIBILITY. In applying the relevancy test, it seems clear that the DNA print results would be helpful to the jury. § 90.702, Fla....

...Nevertheless, we will examine the propriety of the objections made to Ostermeyer's testimony. Appellant alleges that the opinion testimony of Officer Ostermeyer is inadmissible because he was never qualified as an expert in the detection of blood as required by section 90.702, Florida Statutes (1983)....

...on as the leading factor in the wrongful conviction of those exonerated nationally by DNA evidence." Christine C. Mumma, The North Carolina Actual Innocence Commission: Uncommon Perspectives Joined by a Common Cause, 52 Drake L.Rev. 647, 652 (2004). Section 90.702, Florida Statutes (2005), titled "Testimony by experts," provides: If scientific, technical, or other specialized knowledge will assist the trier of *1125 fact in understanding the evidence or in determining a fact in issue, a witness...

...cations when such testimony would be helpful to the jury: In this case I would approve of the discretionary use of expert testimony about psychological factors that may affect eyewitness identification . . . to give effect to the intent expressed in section 90.702. Further, . . . while the question of admissibility of such expert testimony should be left to the sound discretion of the trial judge, I would attach the . . . caveat that the trial judge must exercise his or her discretion in furtherance of section 90.702's "helpfulness" standard....

...convicted based on eyewitness identification evidence."). By bringing to light research findings on factors affecting an eyewitness identification, expert testimony can assist the trier of fact, the criterion for admission of expert testimony under section 90.702....

...The admission into evidence of expert opinion testimony concerning a new or novel scientific principle is a four-step process. See generally Charles W. Ehrhardt, Florida *1167 Evidence § 702.1 (1992 Edition); Michael H. Graham, Handbook of Florida Evidence § 90.702 (1987 Edition). First, the trial judge must determine whether such expert testimony will assist the jury in understanding the evidence or in determining a fact in issue. § 90.702, Fla....

...295, 93 L.Ed.2d 269 (1986), and Stokes v. State, 548 So.2d 188, 195 (Fla. 1989). The third step in the process is for the trial judge to determine whether a particular witness is qualified as an expert to present opinion testimony on the subject in issue. § 90.702, Fla....

...Thus, we find that expert testimony regarding the likelihood of reoffense under the Act assists the trier of fact in understanding the evidence and in determining facts in issue and should be admissible provided the opinions are rendered by witnesses who are qualified. See § 90.702, Fla....

...assault, the child had suffered a sexual trauma. The Florida Evidence Code became effective in criminal cases in 1979. Sections 90.401 and 90.402, Florida Statutes (1983), set out a general relevancy standard for the admission of evidence. Sections 90.702 and 90.703 deal specifically with expert testimony: 90.702 Testimony by experts....

...the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence. This section shall not be construed to mean that evidence of the existence of available third-party benefits is inadmissible. Section 90.702 contains three requirements: (1) that the opinion evidence be helpful to the trier of fact; (2) that the witness be qualified as an expert; and (3) that the opinion evidence can be applied to evidence offered at trial....

...y should usually be received only where the disputed issue for which the evidence is offered, is beyond the ordinary understanding of the jury. Johnson v. State, 393 So.2d 1069, 1072 (Fla. 1980). This view is consistent with the first requirement of section 90.702, that the opinion evidence be helpful to the trier of fact, as well as the provisions of section 90.403, that the danger of prejudice may outweigh the value of the evidence. The highest courts of other states have cited evidence code provisions similar to section 90.702 in support of the admissibility of expert testimony on child sexual abuse; see State v....

...al changes may be related to the trauma, we do not believe that the implications are so easily understood as to bar the receipt of a psychiatric expert's analysis thereof. Cf. Johnson v. *1386 State. Accordingly, in our view the first requirement of section 90.702, that of helpfulness to the trier of fact, was met here....

...Holland's testimony, which outlined her formal training and experience, and her licensing as a physician in two states, with a specialty in child and adolescent psychiatry, established her qualifications to render an opinion, the second requirement of section 90.702....

...ssue: Is the probative value of Dr. Holland's testimony substantially outweighed by its potential prejudicial effect? We have already discussed to some extent the probative value of Dr. Holland's testimony in assessing its helpfulness as required by section 90.702....

...section 90.403 was designed to prevent. While there is no requirement to demonstrate general acceptance, we believe that, without some indicia of reliability, opinion evidence on a particular subject could hardly be helpful to a jury as required by section 90.702....

...More important, there was no showing that a factual determination whether the aluminum strip was a deadly weapon was not within the realm of an ordinary juror's knowledge and understanding. Before an expert can testify, *874 the subject matter must be beyond the common understanding of the average layman. See § 90.702, Fla....

...State, 601 So.2d 1304, 1305 (Fla. 4th DCA 1992). We agree with appellant that the trial court abused its discretion in allowing the state to introduce Officer McGlon's opinion because it was not admissible as either a lay or expert opinion. See §§ 90.701 and 90.702, Fla....

...On appeal, Crump argues that Malone's testimony regarding Malone's previous investigations of serial murders is prejudicial because it implied to the jury that the instant case is similar to a serial murder. *969 We disagree and find that the trial court properly denied the motions for a curative instruction and a mistrial. Section 90.702, Florida Statutes (1989), allows a witness qualified as an expert by "knowledge, skill, experience, training, or education" to testify in a trial if the testimony will assist the trier of fact in understanding the evidence or in determining a fact in issue....

...and phrases *1125 were subjective and lacked a scientific basis. We disagree. Grimes was qualified as an expert in the field of shoe print examination and therefore was permitted to testify in the form of an opinion as to his specialized knowledge. § 90.702, Fla....

...Pillow's theory that DNA evidence could be completely wiped off of a murder weapon was "preposterous" and "anybody else with walking-around sense would think the same thing . . . in this day and age of watching CSI." With regard to the admissibility of expert testimony, this Court has stated: Section 90.702 requires that before an expert may testify in the form of an opinion, two preliminary factual determinations must be made by the court under section 90.105....

...Caudill also testified that he could not associate the blood spatters he tested with a specific victim. [12] An expert is permitted to express an opinion on matters in which the witness has expertise when the opinion is in response to facts disclosed to the expert at or before the trial. § 90.704, Fla. Stat. (1999). Section 90.702, Florida Statutes (1999), requires that before an expert may testify in the form of an opinion, two preliminary factual determinations must be made by the court under section 90.105, Florida Statutes (1999)....

...the expert opinion testimony of witnesses Mary Anderson and Detective Michael Celona. [4] However, we find no error in the trial court's conclusion that the testimonies of Mary Anderson and Detective Celona did not constitute expert testimony. Under section 90.702, Florida Statutes (2003), expert testimony is defined as "scientific, technical, or other specialized knowledge." The record demonstrates that Mary Anderson simply factually explained the contents of phone records that linked Gordon to...

...." [8] Moreover, not only must the underlying facts or data form a sufficient basis for an expert's opinion, but the underlying facts or data upon which the opinion is based must themselves be relevant. Although the explicit relevancy requirement of Section 90.702, Florida Statutes (1979), i.e., "the [expert] opinion is admissible only if it can be applied to evidence at trial," might arguably be read to mean that the opinion is admissible simply if it relates to a fact in issue, we think the be...

...Additionally, the treating physicians based their determinations upon both broadly accepted scientific literature and differential diagnosis—an established scientific methodology in which the expert eliminates possible causes of a medical condition to arrive at the conclusion as to the actual debilitating factor. Despite a "section 90.702 objection" [3] during the expert depositions, and the petitioner's motion in limine, filed one day before the pretrial hearing, which objected to the respondent's expert testimony based upon a lack of general acceptance for his theory of causation under Frye v....

...Bowsher, M.D., a clinical pharmacologist and toxicologist; Neal Warshoff, M.D., a pulmonary specialist and the respondent's treating physician; Jeffrey Brown, M.D., a clinical neurologist; and Craig Lichtblau, M.D., board-certified in physical medicine and rehabilitation, was presented. [3] Section 90.702 governs the testimony of experts. See § 90.702, Fla....

...uld not be applied in federal trials." Id. at 589, 113 S.Ct. 2786. This Court should reach the same conclusion for Florida. [4] FLORIDA'S EVIDENCE CODE Of course, Florida's Evidence Code is patterned substantially upon the Federal Rules of Evidence. Section 90.702 of Florida's code is essentially identical to Federal Rule 702. And, to paraphrase the United States Supreme Court's opinion in Daubert, nothing in section 90.702 or elsewhere in Florida's Evidence Code establishes "general acceptance" as a prerequisite to the admissibility of expert opinion evidence....

...control the admission of expert opinion evidence: The Florida Evidence Code became effective in criminal cases in 1979. Sections 90.401 and 90.402, Florida Statutes (1983), set out a general relevancy standard for the admission of evidence. Sections 90.702 and 90.703 deal specifically with expert testimony: *557 90.702 Testimony by experts....

...the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence. This section shall not be construed to mean that evidence of the existence of available third-party benefits is inadmissible. Section 90.702 contains three requirements: (1) that the opinion evidence be helpful to the trier of fact; (2) that the witness be qualified as an expert; and , (3) that the opinion evidence can be applied to evidence offered at trial....

...y should usually be received only where the disputed issue for which the evidence is offered, is beyond the ordinary understanding of the jury. Johnson v. State, 393 So.2d 1069, 1072 (Fla. 1980). This view is consistent with the first requirement of section 90.702, that the opinion evidence be helpful to the trier of fact, as well as the provisions of section 90.403, that the danger of prejudice may outweigh the value of the evidence....

...We also hold that even absent Lynn Chaffin's testimony against DuPont, there was enough direct evidence that Mrs. Castillo was exposed to Benlate to support the jury's verdict against DuPont. [2] Expert Testimony Under Frye To determine whether expert testimony is admissible under section 90.702, Florida Statutes (2001), Florida courts follow the test set out in Frye v....

...We hereby reaffirm our holding in Johnson by concluding that the admissibility of expert testimony regarding the reliability of eyewitness testimony is left to the sound discretion of the trial judge. By so holding, we are continuing to align ourselves with a majority of other jurisdictions. Under our evidence code, § 90.702, Fla....

...ll agreed that Johnson had announced a per se rule of exclusion of expert evidence on this issue. We do nothing but add to the confusion by failing to acknowledge that Johnson has been interpreted as a per se rule of exclusion. FLORIDA EVIDENCE CODE Section 90.702, Florida Statutes (1997), provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion; however, the opinion is admissible only if it can be applied to evidence at trial. Recently, in Angrand v. Key, 657 So.2d 1146 (Fla.1995), we examined section 90.702 and those provisions of the Florida Evidence Code dealing with expert testimony and declined to establish a per se rule excluding expert testimony on the subject of grief and bereavement in tort actions. We reasoned that the trial court required discretion in determining whether to admit expert testimony in accordance with the intent expressed in section 90.702, "which is to admit expert testimony when it will assist the trier of fact in understanding the evidence or in determining a fact in issue." Id. at 1148. However, we cautioned trial courts to exercise their discretion in accordance with section 90.702's "helpfulness" test and attached the caveat that expert testimony should not be admitted "merely to relay matters which are within the common experience of jurors or to summarize what the expert has been told by lay witnesses." Id....

...The Fourth District in McMullen recognized these unique facts and the significant body of law and academic research supporting the admission of expert testimony on eyewitness identification under such circumstances, as well as our more recent decision interpreting section 90.702 in Angrand v....

...In accord with our reasoning in Angrand, the trial judge should consider the particular circumstances of the case being tried and the age, life experience, or other relevant information about the jurors in determining if the expert testimony meets the "helpfulness" standard of section 90.702, Florida Statutes (1997)....

...In this case I would approve of the discretionary use of expert testimony about psychological factors that may affect eyewitness identification for the same reason we approved expert testimony on grief and bereavement in Angrand: to give effect to the intent expressed in section 90.702....

...Further, as in Angrand, while the question of admissibility of such expert testimony should be left to the sound discretion of the trial judge, I would attach the same Angrand caveat that the trial judge must exercise his or her discretion in furtherance of section 90.702's "helpfulness" standard....

...If, then, the profile or syndrome, which is the subject of the expert's testimony, has not been demonstrated by the proffering party to comply with the general acceptance standard, it may not be admitted, despite the fact that the technique may, as provided in Section 90.702, Florida Statutes (1985), otherwise assist the jury in understanding the evidence or deciding a fact in issue....

...city if the specific grounds are not apparent from the context. See § 90.104, Fla. Stat. (1987). [9] We also conclude that the trial court did not abuse its discretion in barring certain testimony as beyond the scope of the witness's expertise. See § 90.702, Fla....

...Rosenthal's undisputed testimony as to the acceptability and reliability of LCT for diagnosing the presence of soft tissue injuries supports the trial court's decision to acknowledge the validity of LCT for purposes of aiding the jury in its deliberations. [9] § 90.702, Fla....

...We must now address the propriety of the trial court's rulings regarding Dr. Poritz. Was Dr. Poritz qualified to testify as to the results of his thermographic examination of Fay and were the thermograms taken by him admissible? The Florida Evidence Code provision dealing with admissibility of expert testimony, section 90.702, Florida Statutes (1981), provides: Testimony by experts....

...Poritz were clearly treatable within the scope of chiropractic medicine. § 460.403(3)(a), Fla. Stat. (1981). [13] Horowitz at 1308. However, since Horowitz does not resolve the ultimate issues presented by this appeal, we find it necessary to re-examine section 90.702 and the general law relating to the admissibility of expert testimony....

...Additionally, neither the legislature nor the State Board of Chiropractic place limitations on the types of diagnostic tools which a chiropractic physician may employ in his practice. § 460.403(3)(a). Finally, we note the trend is to liberally construe section 90.702....

...We have explained that "[t]he determination of a witness's qualifications to express an expert opinion is peculiarly within the discretion of the trial judge, whose decision will not be reversed absent a clear showing of error." Ramirez v. State, 542 So.2d 352, 355 (Fla.1989). Section 90.702, Florida Statutes (2005), provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge,...

...Appellant, William Booker, seeks reversal of the order denying him workers’ compensation benefits. Finding no error, we affirm the order in its entirety. Four of the five issues raised by Appellant were challenges to the judge’s evidentiary rulings grounded in section 90.702, Florida Statutes, establishing what is commonly referred to as the Daubert test for the admissibility of expert scientific testimony....

...Background In Giaimo v. Florida Autosport, Inc., 154 So. 3d 385, 387-88 (Fla. 1st DCA 2014), we addressed the Daubert test and outlined Florida’s adoption of that standard: In 2013, the Florida Legislature modified section 90.702 “to adopt the standards for expert testimony in the courts of this state as provided in Daubert v....

...512, 139 L.Ed.2d 508 (1997), and Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999), and to no longer apply the standard in Frye v. United States, 293 F. 1013 (D.C.Cir.1923)[.]” See Ch. 13–107, § 1, Laws of Fla. (2013) (Preamble to § 90.702). As amended, section 90.702 now provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as...

...(2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. 2  § 90.702, Fla....

...reflected its intent to prohibit “pure opinion testimony, as provided in Marsh v. Valyou, 977 So. 2d 543 (Fla. 2007)[.]” Ch. 13–107, § 1, Laws of Fla; see Charles W. Ehrhardt, 1 Fla. Prac., Evidence § 702.3 (2014 ed.) (“In adopting the amendment to section 90.702, the legislature specifically stated its intent that the Daubert standard was applicable to all expert testimony, including that in the form of pure opinion.”) (footnote omitted). Tim...

...2d DCA 2004); see generally 24A Fla. Jur. Evidence, § 1104. Id. at 496-97. The common thread running through these examples is that “pure opinion” testimony is based only on clinical experience and training; in contrast, the cornerstone of section 90.702 is relevance and reliability based on scientific knowledge....

...Because the record supports that finding, the judge did not abuse her discretion 2 in rejecting any argument that the opinions of Drs. Nocero and Perloff were “pure opinion” testimony. Daubert Test The Daubert test as codified in section 90.702 requires (1) that the testimony be based on “sufficient facts or data”; (2) that it be a “product of reliable principles and methods”; and (3) that the expert “applied the principles and methods reliable to the facts of th...

...tially the same evidence in both cases. Thus, for purposes of this appeal, the evidence and cases will be considered together. The Frye Reliability Standard The issue of the admissibility of expert testimony is governed by the Florida Evidence Code, section 90.702, Florida Statutes (1995)....

...rt by knowledge, skill, experience, training, or education may testify about it in the form of an opinion; however, the opinion is admissible only if it can be applied to evidence at trial. Like its federal counterpart, Federal Rule of Evidence 702, section 90.702 is "silent as to any requirement that there be general acceptance of a newly developed scientific technique or principle in the particular field in which it belongs." Hawthorne v....

...principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs. Id. at 1014. After the adoption of the Florida Evidence Code, of which section 90.702 is part, disagreement arose among the district courts of appeal as to whether (i) the relevancy test under section 90.702 combined with the so-called balancing test of section 90.403 or (ii) the Frye test was to be applied to determine the admissibility of novel scientific evidence....

...of any individual. A witness may only testify as an expert in those areas of his expertise. Rowe v. State, 120 Fla. 649, 163 So. 22 (1935); Kelly v. Kinsey, 362 So.2d 402 (Fla. 1st DCA 1978); Upchurch v. Barnes, 197 So.2d 26 (Fla. 4th DCA 1967). See § 90.702, Fla....

...ns. Because we must decide as a matter of law whether the rules of evidence allow an expert to testify on direct examination that he or she consulted with other experts, we apply a de novo standard of review. Expert testimony is governed by sections 90.702-90.706, Florida Statutes (2005). Section 90.702 provides that experts may testify in the form of an opinion "[i]f scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue." The expert's testim...

...ness cannot otherwise accurately communicate what he or she perceived so long as the opinion will not mislead the trier of fact and the opinion is not one that requires special knowledge, skill, experience, or training. § 90.701, Fla. Stat. (2005). Section 90.702 governs opinion testimony by expert witnesses and provides that a witness can be qualified as an expert by knowledge, skill, experience, or training. § 90.702, Fla....

...In such a case, "scientific" reliability must be established as a predicate to "legal" reliability. A. "Legal" Reliability— The Balancing Test Under the Florida Evidence Code, expert testimony is admissible if it will assist the trier-of-fact in his or her task: 90.702 Testimony by experts.—If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion; however, the opinion is admissible only if it can be applied to evidence at trial. § 90.702, Fla....

...ink it deserves, considering the knowledge, skill, experience, training, or education of the witness, the reasons given by the witness for the opinion expressed, and all the other evidence in the case. NOTES ON USE FOR 601.2 1. Expert witness. See F.S. 90.702 (1985), and Shaw v....

...an expert opinion, and this determination will not be reversed absent a clear showing of error. See Brooks v. State, 762 So.2d 879, 892 (Fla.2000). Before an expert may render an opinion, the witness must satisfy a four-prong test of admissibility. Section 90.702, Florida Statutes (2007), provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge,...

...entific evidence were sufficiently tested and accepted by the relevant scientific community. We also find Centex's argument concerning the use of Dr. Hodgson's opinion testimony as a conduit for inadmissible hearsay opinions to be without merit. See § 90.702, Fla....

...[10] In Armstrong, 920 So.2d at 770, the Third District explained that Dr. Cole's proffered testimony was not probative and was therefore inadmissible: We quash the order permitting Dr. Cole to testify because his "informed hypothesis" is irrelevant to any material issue. See Fla. Stat. § 90.702 (an expert's opinion "is admissible only if it can be applied to the evidence at trial"); Stano v....

...g. We limit Shelburne to its facts and reject this comprehensive finding as applicable to all wrongful death cases. Affording the trial court discretion in respect to the type of testimony offered by Dr. Platt is necessary to implement the intent of section 90.702, which is to admit expert testimony when it will assist the trier of fact in understanding the evidence or in determining a fact in issue....

...[4] The three types of symptoms were referred to as: sexual behavior (suggestions of sexual activities, e.g., sexual play with toys); behavioral reactions (extreme passiveness or aggressiveness, changes in eating, underachievement); and emotional reactions (sleep disturbances, physical and depressive reactions). [5] Section 90.702, Florida Statutes, provides: Testimony by experts....

...This case did concern litigation malpractice, for which the "trial within a trial" approach was proper. I agree that an expert was not necessary in this case to establish causation. Whether expert testimony was permissible on this issue in a family law litigation malpractice case is within the trial court's discretion under § 90.702, Florida Statutes (1997)....

...5th DCA), rev. denied, 440 So.2d 352 (Fla.1983). To qualify as an expert witness, the witness must have such skill, knowledge or experience so as to make it appear that his or her opinion will aid the trier of fact in the search for the truth. See, § 90.702, Fla....

...s on which an expert witness may testify, and this determination will not be disturbed on appeal absent a clear showing of abuse of discretion. E.g., Guy v. Kight, 431 So.2d 653 (Fla. 5th DCA), pet. for rev. den., 440 So.2d 352 (Fla. 1983). See also § 90.702, Fla....

...Although all of DeLisle's experts agreed that the crocidolite asbestos in the Kent filters was a causative factor, they disagreed as to whether the other products were substantial contributing factors. Appellees challenged each expert's opinions under section 90.702, Florida Statutes, which adopted the Daubert test for expert testimony....

...This arrangement between the branches to avoid constitutional questions of separation of powers continued uninterrupted from the Evidence Code's inception until 2000. In the instant case, we are asked to determine whether chapter 2013-107, section 1, Laws of Florida, which revised section 90.702, Florida Statutes (2015), and which we previously declined to adopt, to the extent it was procedural, infringes on this Court's rulemaking authority....

...To that end, we have expressly held that the trial judge must treat new or novel scientific evidence as a matter of admissibility (for the judge) rather than a matter of weight (for the jury). Brim , 695 So.2d at 271-72 (footnote omitted). Following our repeated affirmations of the Frye rule, in 2013 the Legislature amended section 90.702 to incorporate Daubert in the Florida Rules of Evidence. The amendment revised the statute to read as follows: 90.702 Testimony by experts.-If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, tra...

...an opinion or otherwise, if: (1) The testimony is based upon sufficient facts or data; (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. § 90.702, Fla....

...Because of those differences, we determined that the Legislature substantively pronounced public policy overturning this Court's pronouncement in Shingleton v. Bussey , 223 So.2d 713 (Fla. 1969), and was therefore constitutional. VanBibber , 439 So.2d at 883 . 2 *1229 Section 90.702, Florida Statutes, as amended in 2013, is not substantive....

...We reject the argument that the Fourth District's decision cannot conflict with Marsh v. Valyou , 977 So.2d 543 (Fla. 2007), because it construes an earlier version of the statute. Marsh reaffirmed a procedural rule of the Court that the Legislature has limited authority to repeal. Indeed, Marsh did not construe section 90.702, Florida Statutes (2007), because the test established by Frye v....

...d ears of lawyers and judges, the trial judge could conclude, within the bounds of his discretion, that a jury might be misled by this opinion. Even if not properly excluded under section 90.403, the trial judge could have properly excluded it under section 90.702, Florida Statutes, by making the determination that it will not assist the trier of fact....

...1st DCA 1983), petition for review denied, 487 So.2d 1118 (Fla. 1st DCA 1986). [5] Having conceded that the trial court's decision to exclude Sanchez's testimony might be erroneous, the dissent argues for application of the tipsy coachman rule, suggesting that the evidence might be excluded under section 90.702 and other provisions of section 90.403, Florida Evidence Code....

...ionment of his PTD benefits. Giaimo objected to the apportionment testimony of Dr. Lee as being “pure opinion” unsupported by a foundation of sufficient facts and data and lacking a basis in reliable medical principles and methods as required by section 90.702, Florida Statutes....

...Merrell, 43 So.3d 792, 797 (Fla. 1st DCA 2010) (affirming JCC’s denial of E/C’s apportionment defense because medical evidence did not support same). We conclude that the apportionment testimony upon which the JCC relied was “pure opinion” and thereby inadmissible under section 90.702. In 2013, the Florida Legislature modified section 90.702 “to adopt the standards *388 for expert testimony in the courts of this state as provided in Daubert v....

...512 , 139 L.Ed.2d 508 (1997), and Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 , 119 S.Ct. 1167 , 143 L.Ed.2d 238 (1999), and to no longer apply the standard in Frye v. United States, 293 F. 1013 (D.C.Cir.l923)[.]” See Ch. 13-107, § 1, Laws of Fla. (2013) (Preamble to § 90.702). As amended, sfection 90.702 now provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness' qualified as an expert by knowledge, skill, experience, training,...

...an opinion or otherwise, if: (1) The testimony is based upon sufficient facts or data; (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. § 90.702, Fla....

...The Legislature’s adoption of the Daubert standard reflected its intent to prohibit “pure opinion testimony, as provided in Marsh v. Valyou, 977 So.2d 543 (Fla.2007)[.]” Ch. 13-107, § 1, Laws of Fla; see Charles W. Ehrhardt, 1 Fla. Prac., Evidence § 702.3 (2014 ed.) (“In adopting the amendment to section 90.702, the legislature specifically stated its intent that the Daubert standard was applicable to all expert testimony, including that in the form of pure opinion.”) (footnote omitted)....

...ccident.” This basis for Dr. Lee’s opinion, however, is precisely what makes it pure opinion testimony under Marsh, 977 So.2d at 548-49 . Testimony of this type, though previously acceptable as pure opinion under Marsh , no longer suffices under section 90.702....

...with respect to the location of the towers without the necessity of expert testimony. We find that the testimony of Donna Plasmir and Janan Chandler, the records custodians from Sprint-Nextel and Metro PCS, did not constitute expert testimony under section 90.702, Florida Statutes (2007), and therefore was properly admitted....

...tances as marijuana had always been corroborated by lab tests. The trial court, therefore, did not abuse its discretion by finding the officer qualified, through his training and extensive work experience, as an "expert" in marijuana identification. § 90.702, Fla....

...fy as an expert with "specialized knowledge." The state tendered and the judge accepted the officer's opinion testimony based upon his prior experience and knowledge in the narcotics field. The testimony, therefore, was clearly within the purview of section 90.702, dealing with the admissibility of opinion testimony of experts....

...That such a motion is no longer necessary to preserve the objection needs no citation of authority. Nor is the husband's testimony admissible as opinion testimony, as suggested in the majority opinion. The witness was not qualified as an expert under section 90.702, Florida Statutes, and the testimony was not admissible as lay opinion under section 90.701 because, admittedly, it was not based upon the witness's personal perception (he had not been to Japan) and required special knowledge and skill which the witness clearly lacked....

...es violated German law. After a voir dire of the witness, the trial court declined to accept the evidence as expert opinion testimony, ruling that Riechmann failed to qualify the witness as an expert in the relevant field of German criminal law. See § 90.702, Fla....

...1st DCA 1985); see also Husky Indus., Inc. v. Black, 434 So.2d 988 (Fla. 4th DCA 1983); Ehrhardt, Florida Evidence, § 704.1 (2d ed. 1984). In this case, the expert's testimony was merely used as a conduit. This is true for several reasons. First, section 90.702, Florida Statutes (1987), permits expert testimony to assist the jury in understanding "a fact in issue." The expert's opinions are not admissible unless the opinions "can be applied to evidence at trial." In this case, the expert was...

...Code of silence testimony may properly be the subject of expert testimony where a law enforcement agent’s opinion is based on specialized knowledge derived from training or experience and beyond the understanding or experience of the average juror. See § 90.702, Fla....

...'liar.' " Id. . We note that Jackson never argued below, and does not argue here, that the detectives were not qualified to give expert testimony. Anyway, it is clear from their testimony that each had extensive experience with the neighborhood. See § 90.702 (expert witness is one "qualified as an expert by knowledge, skill, experience, training, or education”).

...5th DCA 1982); Prohaska v. Bison Co., 365 So.2d 794 (Fla. 1st DCA 1978); Salinetro v. Nystrom, 341 So.2d 1059, 1061 (Fla. 3d DCA 1977). In my judgment the state's two witnesses, Doerner and Gertz, failed to demonstrate that they were sufficiently qualified to meet section 90.702's test for testimony by experts: "[A] witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion...." Neither of the two, as stated previously, demonstrated suf...

...tablish the proposition it is offered to prove. McCormick, supra, § 185, 541-542. Section 90.402 next provides that "[a]ll relevant evidence is admissible, except as provided by law." When considering sections 90.401 and 90.402 in pari materia with section 90.702 (imposing, as does Federal Rule 702, a two-part test for the admissibility of expert testimony: (1) that the scientific knowledge "assist the trier of fact in understanding the evidence or in determining a fact in issue," and (2) that the witness be qualified), I reiterate that both of section 90.702's two requisites for the admission of the challenged expert syndrome evidence have already been recognized by this court as satisfied....

...should be excluded. If, on the other hand, the expert were deemed qualified, but the subject of the proposed testimony was not material to a fact in issue, the proposed testimony similarly must be excluded. Once, however, the proposed evidence meets section 90.702's two requisites for admissibility, the trial judge's discretion thereafter to exclude is sharply curtailed by the provisions of section 90.403. Although evidence of the syndrome in the case on review may be considered relevant, because it satisfied section 90.702's *785 dual requisites for admissibility, such relevance, as McCormick notes, "does not ensure [its] admissibility." Id....

...He may only exercise his discretion to exclude if the probative value of relevant evidence "is substantially outweighed" by the factors listed in section 90.403 (e.s.). His discretion, following balancing, differs in significant degree from his initial discretion to decide whether an expert is qualified, pursuant to section 90.702, to offer an opinion, and whether the proposed testimony would assist the trier of fact in understanding the evidence or in determining a fact in issue....

...aits or characteristics and certain forms of behavior, from which diagnostic or predictive profiles can be constructed for such behavior. E. Cleary, McCormick on Evidence, § 206 at 634-35 (3d ed. 1984). [2] This requirement is imposed in Florida by Section 90.702, Florida Statutes....

...December 1998. Each expert witness opined that a causal relationship exists between the claimant's condition and his employment pesticide exposure. At the depositions, U.S. Sugar objected to the admissibility of the expert testimony on the ground of section 90.702, Florida Statutes, the statute governing admissibility of expert opinion testimony. Frye was not raised as a basis for the objection. Although section 90.702 governs the general admissibility of expert testimony, the statute is "silent as to any requirement that there be general acceptance of a newly developed scientific technique or principle...." Hawthorne v. State, 470 So.2d 770, 783 (Fla. 1st DCA 1985)(Ervin, J., concurring and dissenting). [9] Thus, an objection under section 90.702 does not raise or preserve an objection under Frye....

...tionary 15 (1967). [9] By comparison, the admissibility test used by the federal courts, first announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), is premised on the federal counterpart to section 90.702, rule 702, the Federal Rules of Evidence....

...ink it deserves, considering the knowledge, skill, experience, training, or education of the witness, the reasons given by the witness for the opinion expressed, and all the other evidence in the case. NOTES ON USE FOR 601.2 1. Expert witness. See F.S. 90.702 (1985), and Shaw v....

...poorly drafted," and "was a very ill-advised agreement" depended on the use of his legal experience and specialized training, without which he would not be qualified to render this opinion. Such testimony is only admissible as expert testimony under section 90.702, Florida Statutes (1999)....

...The standard of review for trial court decisions concerning the qualifications of expert witnesses and the scope of their testimony is abuse of discretion. Terry v. State, 668 So.2d 954, 960 (Fla.1996); Gold, Vann & White, P.A. v. DeBerry, 639 So.2d 47, 55 (Fla. 4th DCA 1994). As the supreme court has explained: Section 90.702 requires that before an expert may testify in the form of an opinion, two preliminary factual determinations must be made by the court under section 90.105....

...n establishing supervision and guidelines for taking care of clients at its summer camp swimming program, including [Nathan]." The record does not support ARC's contentions. Ms. Fletcher presented a witness who was qualified by the trial court under section 90.702, Florida Statutes (1991), as a person entitled to give opinion testimony "in the field of care and supervision of epileptics in pool situations." This witness testified that swimming is safe for a person with an uncontrolled seizure di...

...nion testimony concerning a new or novel scientific principle is a four-step process. First, the trial judge must determine *702 whether such expert testimony will assist the jury in understanding the evidence or in determining a fact in issue under section 90.702, Florida Statutes....

...y-two minutes. State Attorney Investigator Edward Arens testified about how long it took him to drive the thirty-five-mile route that Gosciminski testified he drove on the morning of the murder. . Frye v. United States, 293 F. 1013 (D.C.Cir.1923). . Section 90.702, Florida Statutes (2009), governs the testimony of experts and provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness...

...2 As to State Farm’s reliance on Dr. Simon’s affidavit, the county court ruled that Dr. Simon was not qualified to give an expert opinion on the reasonableness of the charges. The court found State Farm did not establish that Simon’s testimony satisfied section 90.702, Florida Statutes (2013), or Daubert v....

...To the extent that the majority adopts a bright-line rule that a properly trained and qualified neuropsychologist can never testify to the cause of brain damage, I disagree. [6] I would leave this question to the *1008 sound discretion of the trial court based on the criteria for admission of expert testimony set forth in section 90.702, Florida Statutes (2002)....

...nd neuropsychologists to testify on causation as any other expert would be qualified to testify in his or her area of expertise. A psychologist's or neuropsychologist's competency to give an opinion will be subject only to the limitations imposed by 90.702, Florida Statutes....

...Baldwin Acoustical & Drywall, 696 So.2d 507 (Fla. 1st DCA 1997). There is no discussion of the psychologist's training and expertise but a mere statement in the order of the workers' compensation judge that relies on the statement in DeSerio. See Bishop, 696 So.2d at 510. [7] Section 90.702 provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, trainin...

...THE FRYE ISSUE Pine Island and DuPont argue that the trial court should not have admitted plaintiffs' scientific evidence as it did not satisfy the test for admissibility set forth in Frye v. United States, 293 F. 1013 (D.C.Cir. 1923). [6] We agree. The admission of expert testimony in this case is governed by section 90.702, Florida Statutes (1995), which provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowl...

...As AEW properly concedes, the jury will still need to assess AEW's percentage of negligence, if any, before determining if, in fact, the decedent's comparative negligence limits Brito's recovery. III. EXCLUDING BOULTER KELSEY Finally, we affirm the court's excluding Kelsey's testimony under the Frye test or, alternatively, section 90.702, *114 Florida Statutes (1993)....

...e deprived of the right to present expert medical testimony of a licensed and experienced physician without substantial reason to believe that the expert is unqualified to render an opinion that will be reliable and helpful to the trier-of-fact. See § 90.702, Fla....

...See Dallas & Mavis Forwarding Co., Inc. v. Stegall, 659 F.2d 721 (6th Cir.1981); Commonwealth v. Kendell, 9 Mass. App. 152, 399 N.E.2d 1115 (1980). The purpose of expert testimony is to "assist the trier of fact in understanding the evidence or in determining a fact in issue ... .," § 90.702, Fla....

...In our view these statutory provisions have a distinct and separate purpose and were not intended to supplant the provisions of the evidence code, which sets out the applicable guidelines for the admission of expert testimony in court proceedings. Section 90.702, Florida Statutes (1983) provides that expert testimony is admissible if it is relevant and would be helpful to the trier of fact in understanding the evidence or determining a fact in issue at the trial....

...t so in this case. The Florida Evidence Code applies to workers' compensation proceedings. See, e.g., Martin Marietta Corp. v. Roop, 566 So.2d 40 (Fla. 1st DCA 1990); Odom v. Wekiva Concrete Products, 443 So.2d 331 (Fla. 1st DCA 1983). This includes section 90.702, which relates to testimony by experts....

...mployee, is qualified to express an opinion as to the reasonableness and necessity of the practitioners' care, pursuant to the provisions of section 440.13, notwithstanding that the witness may satisfy the qualifications of an expert, as provided in Section 90.702, Florida Statutes, by reason of his knowledge and education. I am of the view that Dr. Kessler is not qualified by virtue of section 440.13 to give any such opinion, and it is therefore immaterial, for the reasons stated infra, that he may otherwise be qualified as an expert under section 90.702....

...ntitled to limit testimony to that of competent practitioners of their own schools of medicine. [1] 61 Am.Jur.2d Physicians, Surgeons, & Other Healers § 353 (1981). The majority, however, ante at 5, refers to the Florida Evidence Code, specifically section 90.702, relating to the testimony of experts, which provides in part that "a witness [may be] qualified as an expert by knowledge, skill, experience, training, or education." The majority reasons therefrom that because Dr....

...acticing peer group of another physician to testify that the requested treatment of a member of the different group is not reasonable or necessary. And I find nothing in section 440.13 evincing any legislative intent to incorporate the provisions of section 90.702 therein....

...rsonal injury action). Because the language of a particular statute may restrict the right of a person from rendering an opinion in a given case, notwithstanding that such person may otherwise meet the qualifications of an expert witness pursuant to section 90.702, the majority's reliance on Van Sickle v....

...different school of practice from that of the physician whose requested services were under review to offer an opinion as to the appropriateness of such treatment. If the only limitation placed upon Dr. Kessler's right to testify was as provided in section 90.702, I could agree with the majority that the JCC did not abuse his discretion in deciding that Dr....

...he jury to satisfy that legitimate concern. In reaching this conclusion, we recognize that the question of a witness's competency is for the trial court's resolution. See sections 90.105 and 90.603(2), Florida Statutes (1981). Yet, we also note that section 90.702, Florida Statutes (1981), empowers the trial court to admit expert testimony "[i]f scientific ......

of experts. All other areas are governed by section 90.702, Florida Statutes (2018), entitled "Testimony

...oncerning how Nardone had actually used the strip. The State made no showing that a factual determination of whether the aluminum strip was a deadly weapon was beyond the scope of an ordinary juror's knowledge and understanding, as is required under section 90.702, Florida Statutes, infra....

...on. The Schneers timely perfected this appeal. The appellants first assert that the lower court reversibly erred in excluding the proposed testimony of their expert witness. They maintain that Mr. Porter's expert testimony was admissible pursuant to section 90.702, Florida Statutes (1993), [3] where it would have been patently helpful to the jury....

...MS. CURRAN: Okay, I think that's about all I intent to use this witness for. [2] The parties also stipulated that Allstate's claims for rescission and breach of contract in its counterclaim would be resolved by the court after the jury's verdict. [3] Section 90.702 provided in relevant part that: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skil...

...And, I also think, the circumstantial evidence in this case was sufficiently substantial to support the jury's conclusion that Gamble was guilty of possession with intent to sell or deliver contraband. [1] § 893.13(1)(a), Fla. Stat. (1991). Florida's Evidence Code, section 90.702, Florida Statutes (1991) provides that if specialized knowledge will assist the trier of fact in understanding the evidence, or in determining a fact issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion....

...[3] § 893.13(1)(a), Fla. Stat. (1991). [4] § 843.02, Fla. Stat. (1991). [5] § 775.084(3), (4), Fla. Stat. (1991). [1] Gamble was also convicted of sale of cocaine within 1,000 feet of a school, possession of cocaine, and resisting arrest without violence. [2] Section 90.702 provides: Testimony by experts....

...Anton's fourth contention is that the trial court erred in permitting Deputy Moe to testify that a perpetrator's act of driving toward a victim is a tactic used to prevent the victim from recalling the tag number of a vehicle. The State did not qualify the deputy as an expert witness before eliciting this statement. See § 90.702, Fla....

...466 U.S. at 688, 104 S.Ct. 2052 (emphasis supplied). Finally, even if the refusal to admit expert testimony concerning the norms of capital representation constitutes an abuse of discretion under certain discrete circumstances, it does not here. Under section 90.702, Florida Statutes, expert testimony is admissible only where "specialized knowledge will assist the trier of fact in understanding the evidence or in determining *82 a fact in issue." Hypothetically, a situation could exist in which a...

...taliation claims, and those claims will be dismissed. Id. at *4. . As a threshold matter, the expert’s opinion must be relevant, that is, the evidence must prove or tend to prove a fact in issue. Stano v. State, 473 So.2d 1282, 1285 (Fla. 1985). . Section 90.702, Florida Statutes (2010), provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge,...

...The trial court must consider “whether the reasoning or methodology underlying the testimony is scientifically valid and of whether that reasoning or methodology properly can be applied to the facts in issue.” Id. at 592-93. The Daubert test, as codified in section 90.702, requires that “[t]he testimony is based upon sufficient facts or data”; “[t]he testimony is the product of reliable principles and methods”; and “[t]he 6 witness has applied the princip...

...The court outlined the procedure as follows: *188 The admission into evidence of expert opinion testimony concerning a new or novel scientific principle is a four-step process. See generally Charles W. Ehrhardt, Florida Evidence § 702.1 (1992 Edition); Michael H. Graham, Handbook of Florida Evidence § 90.702 (1987 Edition). First, the trial judge must determine whether such expert testimony will assist the jury in understanding the evidence or in determining a fact in issue. § 90.702, Fla....

...295, 93 L.Ed.2d 269 (1986), and Stokes v. State, 548 So.2d 188, 195 (Fla. 1989). The third step in the process is for the trial judge to determine whether a particular witness is qualified as an expert to present opinion testimony on the subject in issue. § 90.702, Fla....

...However, that discretion is not without limits. Nathanson v. Houss, 717 So.2d 114 (Fla. 4th DCA 1998). Generally, an expert should be permitted to testify when his or her specialized knowledge will "assist the trier of fact in understanding the evidence or determining a fact in issue." § 90.702, Fla....

...vintage. However, just eight years ago, in Brooks v. State, 762 So.2d 879 (Fla.2000), the Florida Supreme Court clearly signaled that in a proper case, a lay person—in Brooks, a drug dealer possessed of "specialized knowledge" within the meaning of section 90.702 of the Florida Evidence Code—may express an opinion in the form of expert testimony regarding the identity of crack cocaine....

...internet only "if, in fact, we can verify it." Fedde's use of unverified numbers from the internet in a manner that he testified violated his own standards means his estimates and projections are not "the product of reliable principles and methods." § 90.702, Fla....

...State, 12 So.3d 199, 205 (Fla.2009), it “is within the court’s discretion to determine the qualifications of a witness to express an expert opinion, and this determination will not be reversed absent a clear showing of error.” The court noted that the prior version of section 90.702, Florida Statutes; “requires the court to make two preliminary determinations: (1) whether the subject matter, will assist the trier of fact in understanding the evidence or in determining a disputed fact, and (2) ....

...d otherwise admissible under the rules of evidence, we believe that any person .with the minimal training,, experience, or both, needed to understand these tests and how to read and explain their results would qualify to testify to the results under section 90.702, Florida Statutes. To the extent that this would even be a close question under section 90.702, it should not be a question at all in a probation violation hearing where “the strict rulés of evidence can be deviated from.” Cuciak, 410 So.2d at 918 . As such, if the result in Queior was driven by a conclusion that the probation officer’s test result testimony should not have been admitted be *358 cause a non-chemist probation officer is not “competent” to explain the results under section 90.702, -we conclude that the Queior panel at a minimum erred by rigidly applying the rules of evidence to a VOP hearing in violation of the Supreme Court’s direction in Cuciak : This Case Turning to the evidence in this case, we find no ab...

...State, 982 So.2d 642, (Fla.2008) ("[R]evocation of probation or community control proceedings are not criminal prosecutions and therefore Crawford [v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004)] does not apply to revocation proceedings ... ”). . Although section 90.702, Florida Statutes was significantly amended in 2013 to adopt the federal standard for admitting export testimony, it retains these preliminary determinations. See § 90.702, Fla....

...However, these cases do not represent a departure from the general rule that an expert is permitted to testify when "scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue." § 90.702, Fla....

...Next, we address whether it was error for the trial court to allow Dr. Appel to give a medical opinion on the cause of Cruz's organic brain damage, even though she is not a medical doctor. Generally, a witness may be qualified as an expert based upon "knowledge, skill, experience, training, or education...." § 90.702, Fla....

...nd neuropsychologists to testify on causation as any other expert would be qualified to testify in his or her area of expertise. A psychologist's or neuropsychologist's competency to give an opinion will be subject only to the limitations imposed by 90.702, Florida Statutes....

...mony regarding the dangerous condition of the road was sufficiently related to the ultimate issue of the case so as to be admissible. We affirm on that point as well. The witness was qualified to give an expert opinion based upon his experience. See Section 90.702, Florida Statutes (1987)....

...The determination of a witness's qualifications to express an expert opinion is peculiarly within the discretion of the trial judge, whose decision in that regard will not be reversed absent a clear showing of error. See Anderson v. State, *1149 863 So.2d 169, 179 (Fla.2003). Section 90.702, Florida Statutes, requires that before an expert may render an opinion, two preliminary factual determinations must be made by the court under section 90.105, Florida Statutes....

...in color and race of the perpetrators on the surveillance video did not involve "scientific, technical, or other specialized knowledge,” and was not based on his "knowledge, skill, experience, training, or education” in any particular field. See § 90.702, Fla....

...then the court should be given the same freedom to determine admissibility under Florida's Evidence Code in the instant case where the statute has no specific procedural requirements. Furthermore, the Florida Tile interpretation contradicts sections 90.702-90.705, Florida Statutes (1991), which address opinion testimony by experts. As provided in section 90.702, an expert witness may testify in the form of an opinion if the expert's specialized knowledge would assist the trier of fact in understanding the evidence or in determining a fact in issue....

...f the jury. We agree. Hooligan's expert was allowed to say that David was the aggressor in the fight that later led to his murder. This opinion, based on a review of eyewitness accounts and depositions, invaded the province of the jury. According to section 90.702, Florida Statutes (1997), the purpose of expert testimony is to "assist the trier of fact in understanding the evidence or in determining a fact in issue." The expert's opinion must concern a subject which is "beyond the common underst...

...43, 670 N.E.2d 721, 739 (1996) (McMorrow, J., specially concurring)). Accordingly, we review the circuit court's exclusion of this evidence de novo. We affirm the circuit court's ruling for three reasons. First, the opinion testimony is inadmissible under section 90.702, Florida Statutes (2005), which provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowl...

...Further, the remaining evidence submitted by Hildwin, including the videotapes, trial scripts, and Dr. Moore's report, are unsworn evidence inadmissible independent of Moore's testimony. *792 Assuming that opinion testimony derived from mock trial results is admissible on this issue under section 90.702, this evidence was nevertheless inadmissible under Frye....

...In the article, the attorneys and consultants describe mock jury trials as accurately predicting trial results and give anecdotal support. This is not sufficient evidence of reliability and general acceptance in predicting trial results to meet the Frye standard. Finally, assuming general admissibility under section 90.702 and general acceptance of the underlying scientific principle pursuant to Frye, the mock trials conducted in this case diverged from evidence pertinent under the Jones test for determining whether newly discovered evidence warrants a new trial....

...Neither as a psychologist nor as the wearer of his many other hats was Dr. Shahnasarian shown to possess the "knowledge, skill, experience, training, or education" necessary to qualify as an expert on the standard of care required of a medical doctor who recommends that a spinal column stimulator be implanted. § 90.702, Fla....

...The trial court granted Goodyear's motion for directed verdict specifically finding that: a. The testimony of Plaintiffs' expert witness [H. Richard] Baumgardner, was incompetent, speculative and inadmissible pursuant to Frye v. United States, 293 F. 1013 (D.C.Cir.1923) and Florida Statute 90.702 and therefore Plaintiffs' proof of their negligence and strict liability claims, Counts I and II of the complaint, was legally insufficient....

...[7] The United States Supreme Court has held that expert opinion testimony of a tire failure expert does not constitute "scientific testimony." Kumho Tire Co. v. Carmichael, 526 U.S. 137, 141, 142, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999). [8] Moreover, Baumgardner's testimony was also admissible under section 90.702 because he was qualified to give an expert opinion, and his testimony assisted the jury in understanding the evidence. § 90.702, Fla....

...discretion.” Pender v. State, 700 So. 2d 664, 667 (Fla. 1997). Florida Rule of Criminal Procedure 3.220(b)(1)(A)(i) requires the state, as part of its discovery obligation, to disclose expert witnesses. Who constitutes an expert witness may be derived from section 90.702, Florida Statutes (2016): If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert...

...ity] with Facebook, what he did in downloading it and the features of Facebook.” Like the trial court, we do not consider the digital forensic examiner’s familiarity with Facebook to have been sufficiently specialized to fall within the scope of section 90.702....

...Evans is not an anesthesiologist and has no experience treating patients with porphyria or in administering midazolam, his testimony on Davis’ as- applied challenge was pure speculation. With respect to when the introduction of expert testimony is proper, section 90.702, Florida Statutes (2013), provides as follows: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in...

...When conflict emerges, it is better to specify the precise claims involved and reserve the locution informed consent for only those occasions when the patient assails the medical judgment of the physician in deciding what information to impart to validate a consent given by a patient to the physician. [14] See § 90.702, Fla....

...Ross v. State, 386 So.2d 1191 (Fla. 1980); Executive Car and Truck Leasing v. DeSerio, 468 So.2d 1027 (Fla. 4th DCA 1985); Reese v. Naylor, 222 So.2d 487 (Fla. 1st DCA 1969). Appellant acknowledges that Dr. Monahan's testimony was admissible under Section 90.702, Florida Statutes, as to whether psychological tests would have been helpful in making a diagnosis such as the one involved in this lawsuit....

...o be decided by the trier of fact. This section has been interpreted by the Florida courts to mean that the test of admissibility is not whether the opinion is on the ultimate issue in the case but whether it can qualify under the standard stated in Section 90.702. See 1 Gard, Florida Evidence, § 12:11 at 437 (1980). Section 90.702 provides as follows: 90.702 Testimony by experts....

...ncerning probate law, federal and state estate taxation, and will construction. Such questions certainly go beyond the ordinary understanding of the trier of fact and expert testimony on these questions would qualify under the standard enunciated in Section 90.702....

...s exposed. While the subject of noise levels would undoubtedly be an appropriate one for expert testimony, we are not convinced that it is one that necessarily requires expert testimony. See, Law Revision Council Note — 1976, Florida Evidence Code, Section 90.702, Florida Statutes Annotated, Vol....

...pearances for a reasonable period of time and had produced this list to plaintiff's counsel prior to trial. An expert witness' credibility may be impeached by showing bias, partiality, improper relationships or motives. § 90.608, Fla. Stat. (2005); § 90.702, Fla....

...Each year millions of dollars are spent to educate and train police officers to fight the "war on drugs." The result is that many members of the police departments and law enforcement agencies in Florida are experts in the detection of illicit drugs. As experts the police officers are allowed to give opinion evidence. See § 90.702, Fla....

...(3) The nature of the respective injuries of the occupants of the front seats. The court has examined the testimony in detail and now recognizes it committed prejudicial error in permitting opinion testimony as to matters which were well within the common knowledge of jurors. See sponsors notes—F.S. 90.702 Although we may not have granted a new trial on this basis had we been the trial judge, due to the wide discretion afforded the trial court in making such a determination, we are not prepared to say that he abused his discretion in this regard....

...or failed to follow medical protocol. Accordingly, that solicited testimony is expert opinion. See Fla. R. Civ. P. 1.390(a)(defining expert witness, including one possessing special knowledge or skill about the subject upon which called to testify); section 90.702, Fla....

...because it agreed with the prosecutor that appellant is not qualified since he is not licensed in this state as a psychologist. However, it is equally clear that a witness need not have a specific degree or license in order to testify as an expert. Section 90.702, Florida Statutes, specifically provides that a witness may be qualified as an expert "by knowledge, skill, experience, training, or education......

...1978), this Court expressly held that neither a doctorate nor prior experience as an expert witness are essential prerequisites to being qualified as an expert witness. See also Salas v. State, 246 So.2d 621 (Fla. 3d DCA 1971). As pointed out by Professor Ehrhardt: An expert is defined in section 90.702 as a person who is qualified as an expert in a subject matter "by knowledge, skill, experience, training, or education." ......

...Writing for the majority in Kruse, Judge Anstead undertook an analysis of the admissibility of expert opinion testimony in light of Florida's adoption of the evidence code in 1979. The Kruse court concluded that, in light of the adoption of the evidence code, the standard for admissibility of expert testimony, governed by section 90.702, Florida Statutes, was to be based on a "relevancy standard" replacing the earlier, more restrictive requirement of "general acceptance by the scientific community" previously articulated in Frye v....

...Bowling testified that the charges were reasonable. State Farm attempted to refute this evidence with the testimony of Ms. Pacha. On appeal, State Farm argues that the trial court erred in excluding the testimony of Ms. Pacha as State Farm's medical billing and coding expert. We agree. Section 90.702, Florida Statutes (2009), provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge,...

...Pacha's qualifications, it is clear from her deposition that she has specialized knowledge and training to express an opinion on whether the medical bills were properly coded and whether they correspond to the medical records documenting the purported treatment. See § 90.702; Charles Ehrhardt, Florida Evidence § 702.1, at 677-78 (2009 ed.) (noting that definition of expert in section 90.702 "applies not only to persons with scientific or technical knowledge but also to anyone with any specialized knowledge")....

...d the documentation was there to support it." The fact that the coding on some of the medical bills did not match the treatment performed is not something that requires the specialized knowledge of an expert witness to decipher in this case. [5] See § 90.702; see also Dungan v....

...See § 90.701, Fla. Stat. (2010) (providing that under certain circumstances recited in the statute, a lay witness may provide opinion testimony when the “opinions and inferences do not require a special knowledge, skill, experience, or training”); § 90.702, Fla....

...tablish that psychological autopsy is accepted in the field of psychiatry as a method of evaluation for use in cases involving suicide and that the trial judge acted within his discretion in admitting this evidence at trial. Sections 90.402; 90.403; 90.702; 90.704, Fla....

...the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence. This section shall not be construed to mean that evidence of the existence of available third-party benefits is inadmissible. Section 90.702, Florida Statutes (1987), provides: 90.702 Testimony by experts....

...4th DCA 2015), reh’g denied (Mar. 3, 2015), review denied, 177 So.3d 1263 (Fla.2015) (quoting Carriage Hills Condo., Inc. v. JBH Roofing & Constructors, Inc., 109 So.3d 329 , 334 n. 1 (Fla. 4th DCA) rev. dismissed, 130 So.3d 692 (Fla.2013)). Section 90.702: Expert Opinion Testimony The parties focused primarily on Section 90.702, which sets forth admissibility requirements for expert opinion testimony. In 2013,. the Florida Legislature amended Section 90.702 to pattern it after Rule 702 of the Federal Rules of Evidence. Ch. 2013-107, Laws of Fla. As amended, Section 90.702, Florida Statutes, reads as follows: 90.702 Testimony by experts If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, trai...

...or data; (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. (amendments in bold). One of the Legislature’s stated purposes in amending Section 90.702 was “to adopt the standards for expert testimony in the courts of this state as provided in Daubert v....

...512 , 139 L.Ed.2d 508 (1997), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 , 119 S.Ct. 1167 , 143 L.Ed.2d 238 (1999), and to no longer apply the standard in Frye v. United States, 293 F. 1013 (D.C.Cir.1923) in the courts of this state,” Ch. 2013-107, Laws of Fla. (Preamble to § 90.702); The Legislature also intended to prohibit the much criticized 4 pure opin *256 ion exception to the Frye admissibility-standard as provided in Marsh v....

...Fed.R.Evid. 701 (emphasis added). With this in mind, the question.is not whether the opinion requires specialized knowledge, as all opinion testimony does, but whether the specialized knowledge is sufficiently specialized to fall within the scope of Section 90.702....

...701 advisory committee’s note to 2000 amendment. This is because “[s]uch testimony is not based on specialized knowledge within the scope of Rule 702, but rather is based upon a layperson’s personal knowledge.” Id.; see also§ 90.604, Fla. Stat. (“Except as otherwise provided in s. 90.702, a witness may not testify to á matter unless evidence is introduced which is sufficient to support a finding that the witness has personal knowledge of the matter.”) Similarly, Professor Imwinkel-ried (who is cited several times by the...

...1st DCA 1967) (determining that argument that medical doctor's testimony regarding precise time of death was insufficiently thorough was an issue of weight, not of competency or credibility). These holdings are also consistent with provisions of the Florida Evidence Code, §§ 90.702, .705, Fla. Stat. (2002), which provide as follows concerning the admission of expert opinion testimony: 90.702 Testimony by experts.—If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, or...

...atus as an expert."). Indeed, expert testimony is impactful by design as it is permitted only "[i]f scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue." § 90.702, Fla....

...scans for post cervical cancer surgical patients, that he is not a surgeon or board certified in surgery or gynecology. In granting defendant's motion to strike and for directed verdict, the trial judge expressly cited Florida Evidence Code sections 90.702 and 90.704, [6] as well as Vallot v....

...Further explaining, he said: "I can't envision an oncologist or any other doctor that's in a field of medicine rendering a prognosis for a course of treatment or a diagnosis first based upon the testimony of his attorney. I therefore strike Singer, find him to be a professional witness; how [sic] under 90.702 and 704, opinion was based solely upon the conversations with his counsel and then later those particular opinions were fortified and supported by the medical records he received." Plaintiff later moved for a new trial supported in part by an affidavit from Dr....

...Singer's testimony in other states besides Florida. [7] *122 . . . "As a matter of law, experts are allowed to testify if their `scientific, technical or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue....' Fla. Stat. § 90.702 (1985)....

...Hence the feeling that some forensic opinions are "bought and paid for" in favor of both plaintiffs and defendants is inevitable. The question thus starkly presented by the trial judge's decision in this case is the extent to which in the exercise of general discretion to admit or exclude evidence under FEC sections 90.702 and 90.704 the judge can police this "traffic" in expert opinions. Looking first to the language of the statutes, we note that section 90.702 provides: "If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, traini...

...If the facts or data are of a type reasonably relied upon by experts in the subject to support the opinion expressed, the facts or data need not be admissible in evidence." *123 The trial judge's ruling to strike the expert witness can fairly be understood as implying that section 90.702 operates as an exclusionary rule granting the trial judge discretion to bar expert testimony on subjective grounds. Yet, broadly speaking, section 90.702 does not enlarge judicial discretion to exclude evidence so much as it affords a party in litigation the right to present expert opinions if they meet the statutory standard of "assist[ing] the trier of fact in understanding the eviden...

..." [emphasis supplied.] This latter statute does not purport to require that the facts be made known to the expert before he forms an opinion — however desirable that may be. In Kruse v. State, 483 So.2d 1383 (Fla. 4th DCA 1986), concerning the admissibility of expert opinion evidence we said: "Section 90.702 contains three requirements: (1) that the opinion evidence be helpful to the trier of fact; (2) that the witness be qualified as an expert; and (3) that the opinion evidence can be applied to evidence offered at trial....

...Similarly in Fridovich v. State, 489 So.2d 143 (Fla. 4th DCA 1986) we reversed a trial judge's decision excluding expert testimony as to the manner of death. Our opinion there appears to suggest that the exclusion of expert testimony that complies with section 90.702 is not within judicial discretion but is instead legal error....

...oes not actually treat gynecological patients. Nor is such an oncologist unqualified merely because his practice is consultative, so long as he continues to maintain his specialization in oncology. And just as important, there is nothing in sections 90.702, 90.704 or 766.102 that bars a medical expert from forming an opinion before he has reviewed records such as the patient's chart....

...s the trial judge too much in resolving the weight to be given such evidence. It would turn the question of many medical experts' qualifications into a trial within a trial. Such a procedure would hardly serve the broad admissibility purposes of FEC section 90.702....

...ts, pathologists, and radiologists,—designated to review all cancer cases presented in the hospital. [5] See § 766.102(1), Fla. Stat. (1997). [6] See § 90.101 ("This chapter shall be known and may be cited as the `Florida Evidence Code.'"); and §§ 90.702 and 90.704, Fla....

...care providers." [10] In that case the cancer was discovered in the patient's breast, while in the present case the cancer was discovered in the patient's cervix. We do not regard that difference as either legally or factually important. [11] See §§ 90.702, 90.704 and 766.102....

..."a special knowledge, skill, experience, or training." See § 90.701(2), Fla. Stat. (2008). Otherwise, a witness can only give opinion testimony if the witness is "qualified as an expert by knowledge, skill, experience, training, or education." See § 90.702, Fla....

...onable medical certainty." As a threshold for admissibility, expert opinion testimony must be relevant, see section 90.401, Florida Statutes, and must meet the standard generally applied to scientific, technical, or other specialized knowledge under section 90.702, Florida Statutes....

...We assume, because we do not have a copy, that the complaint contains the sworn allegations of the Amentes' attorney. Because of the nature of the case, expert testimony will be required in court because the medical testimony will be outside the experience of the jurors. Charles W. Ehrhardt, Florida Evidence § 90.702 (1992 ed.)....

...State, 714 So.2d 368 (Fla. 1998). While the trial court's discretion is not without limits, an expert is generally permitted to testify when his or her specialized knowledge will "assist the trier of fact in understanding the evidence or in determining a fact in issue." § 90.702, Fla....

...The court also found that the experts were not qualified to present opinion testimony on the issue of the relationship between radiation exposure and schizencephaly. The court then entered summary judgment in favor of the defendants. The issue of admissibility of expert testimony is governed by the Florida Evidence Code, section 90.702....

...y knowledge, skill, experience, training, or education may testify about it in the form of an opinion; however, the opinion is admissible only if it can be applied to evidence at trial. Like its federal counterpart, Federal Rule of Evidence 702, [1] section 90.702 does not contain any requirement that there be general acceptance of a newly developed scientific technique or principle in the particular field in which it belongs....

...See Town of Palm Beach; Fino v. Nodine, 646 So.2d 746 (Fla. 4th DCA 1994). In order to admit expert testimony, the trial court must determine that the expert testimony will assist the trier of fact "in understanding the evidence or in determining a fact in issue." § 90.702, Fla....

...We hold that the lower court erred when it refused to permit Rollie Weese to testify concerning business damages. A witness may testify as an expert if he is qualified to do so by reason of knowledge obtained in his occupation or business. Harvey v. State, 129 Fla. 289, 176 So. 439 (1937); § 90.702, Fla....

...s of chiropractic care and treatment in a particular case, and a particular orthopedic physician may also be possessed of "special knowledge or skill" (Fla.R.Civ.P. 1.390(a)) [or of specialized "knowledge, skill, experience, training, or education" (§ 90.702, Fla....

...granted, 238 So.2d 428 (Fla. 1970); cert. dismissed, 242 So.2d 873 (Fla. 1971); Hawkins v. Schofman, 204 So.2d 336 (Fla.3rd DCA 1967), cert. denied, 211 So.2d 215 (Fla. 1968); Musachia v. Terry, 140 So.2d 605 (Fla. 3rd DCA 1962). [6] Fla.R.Civ.P. 1.390(a); § 90.702, Fla....

...Morrow's testimony regarding the value of the body repair was, however, admissible as either lay opinion based on his knowledge of the facts he perceived, or as expert opinion based upon his experience in body repair work. See C. Ehrhardt, Florida Evidence § 701.1, at pp. 388-89 (2d ed. 1984); § 90.702, Fla....

...Evidence Code, 144 So.3d at 536 . In this case, by a vote of 16-14, a majority of the Committee recommends that the Court not adopt, to the extent it is procedural, chapter 2013-107, sections 1 and 2, Laws of Florida (Daubert Amendment), which amended sections 90.702 (Testimony by experts) and 90.704 (Basis of opinion testimony by experts), Florida Statutes (2012), of the Evidence Code to replace the Frye 5 standard for admitting expert opinion evidence with the Daubert 6 standard....

...After considering the numerous filings in this case, and having had the benefit of oral argument, for the reasons discussed below, we follow the Committee’s recommendation and decline to adopt, to the extent they are procedural, the changes to sections 90.702 and 90.704 of the Evidence Code made by the Daubert Amendment....

...es, made by the Same Specialty Amendment. However, as further explained below, we decline to follow the Committee’s recommendation to adopt the changes made to section 90.803(24). DISCUSSION Daubert Amendment The Daubert Amendment amended sections 90.702 and 90.704, Florida Statutes (2012), to change the standard of admissibility for scientific expert evidence from the Frye standard to the Daubert standard and the standard found in Federal Rule of Evidence 702....

...facts of the case. Fed. R. Evid. 702. In 2013, Florida’s Legislature rejected the longstanding Frye standard and adopted the Daubert standard and Federal Rule of Evidence 702 with two amendments to the Evidence Code. First, the Legislature amended section 90.702 to mirror Federal Rule of Evidence 702 as follows: If scientific, technical, or other spe'cialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified- as an expe...

...king NFPA 241 applicable. Expert testimony may be presented in the form of an opinion “[i]f scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue.... ” § 90.702, Fla....

...viction and remand for a new trial. Because the battered woman's syndrome is now generally accepted in the relevant scientific community, we hold that expert testimony relating to the syndrome is henceforth admissible, subject to the requirements of section 90.702, Florida Statutes, without any necessity for a case-by-case determination that the scientific knowledge regarding the syndrome is sufficiently developed to permit a reasonable opinion to be given by an expert....

...Because the record reveals no basis for disallowing this critical testimony, we conclude that the judge's ruling constitutes reversible error. We hold that expert testimony regarding battered woman's syndrome is henceforth admissible, subject to its relevancy and the qualification of the expert in any individual case. See § 90.702, Fla....

...Woman Syndrome, Self-Defense, and Expert Testimony, 39 Mercer L.Rev. 545 (1988); Cynthia L. Coffee, Note, A Trend Emerges: A State Survey on the Admissibility of Expert Testimony Concerning the Battered Woman Syndrome, 25 J.Fam.L. 373 (1986-87). [5] Section 90.702, Florida Statutes, provides: Testimony by experts....

...Using the income approach, he estimated that the value of Marion Auto at a point in time just prior to the alleged breach of the first agreement was $812,000. As Dr. Fishkind was qualified as an expert, the jury could accept or reject his testimony. See § 90.702, Fla....

...He argued that such evidence should be excluded because none of the witnesses listed by the State were qualified expert witnesses under the standard for scientific evidence in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and section 90.702, Florida Statutes....

...ked of the investigating officer regarding the effects of cocaine. We conclude that the trial court acted within the bounds of permissible discretion in ruling that the question called for an expert opinion the officer was not qualified to give. See § 90.702, Fla....

...because the jury may infer from such declaration that the court is placing its approval on the opinions of the witness. An expert is a witness who is qualified to express opinions by reason of his knowledge, skill, experience, training or education. § 90.702, Fla....

...On the assumption that the defendant will so testify, we think the trial court acted within its discretion in ruling that the expert testimony would be admissible. See State v. Hickson, 630 So.2d 172, 174-75 (Fla.1993); La Villarena, 597 So.2d at 339; § 90.702, Fla....

...expert opinion testimony concerning a new or novel scientific principle is a four-step process. First, the trial judge must determine whether such expert testimony will assist the jury in understanding the evidence or in determining a fact in issue. § 90.702, Fla....

...295, 93 L.Ed.2d 269 (1986), and Stokes v. State, 548 So.2d 188, 195 (Fla. 1989). The third step in the process is for the trial judge to determine whether a particular witness is qualified as an expert to present opinion testimony on the subject in issue. § 90.702, Fla....

...Because no testimony was given as to the migration rate or the time it would take, this second requirement was never met. Even if we may assume that such evidence existed, Dr. Price was unqualified to testify on the subject, as she herself essentially admitted. Section 90.702, Florida Statutes, provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill,...

...At this stage, however, the affidavits, on their face, are within the permissible range of expert testimony in that they offer aid in understanding the evidence concerning the scope of services provided by the FAMU Health Center and the adequacy of Dr. Holifield's cardiologic care for Roosevelt Gardner. See § 90.702, Fla....

...This claim is also meritless. Before a witness may be permitted to submit expert opinion testimony, the trial court must be satisfied that the witness is adequately qualified to express an opinion on the subject about which he has been called to testify. See § 90.702, Fla....

...Kelly’s testimony did not provide competent, substantial evidence to support issuance of the injunction because Dr. Kelly was never properly qualified as an expert and his testimony was based entirely on hearsay statements allegedly made by S.L.B. The admission of expert testimony is governed by section 90.702, which states, [i]f scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience,...

...He based this conclusion on the fact that there were no brake marks on the roadway—indicating the car did not try to stop—and based on video footage of the car seconds before impact. 2 We need not address whether the expert was qualified for purposes of section 90.702, Florida Statutes, given our reversal on the motion for a directed verdict. However, we do note that the trial court judge expressed “extraordinary, extreme misgivings” about the expert’s qualifications and that even the expert...

strike the experts’ testimony pursuant to section 90.702, Florida Statutes (2015) (the Daubert6 standard)

...This duality of testimonial purpose presents evidentiary concerns for the trial court. Although we do not find that reversible error occurred in this case, we write to caution attorneys that a failure to distinguish between the witness's two roles can potentially cause problems. Section 90.702, Florida Statutes (1999), permits the introduction of expert testimony where the expert's specialized knowledge will assist the trier of fact in determining a fact in issue....

...(1991); Charles W. Ehrhardt, Florida Evidence, § 601.1 (1993 Ed.). Interest merely goes to the credibility of the evidence. Id. Expert testimony may be given by a witness qualified as an expert by "knowledge, skill, experience, training, or education." Section 90.702, Fla....

...of occupational causation directly on the Kales articles. At the EMA’s deposition and at trial, the E/C objected to the EMA’s opinion on the grounds that the EMA improperly relied on the Kales articles and failed to satisfy the requirements of section 90.702 of Florida’s Evidence Code and Daubert v....

...3d at 387. Under the Evidence Code as amended in 2013 to codify Daubert, expert testimony must be “based on sufficient facts or data”; be “the product of reliable principles and methods”; and be applied “reliably to the facts of the case.” § 90.702, Fla....

...Amended Final Order At the merits hearing, Claimant argued that the E/C had waived the right to deny compensability of his PTSD by operation of subsection 440.20(4). Claimant also raised objections to Dr. Miller’s opinion testimony on causation, including an objection based on section 90.702, Florida Statutes (2013), governing the admissibility of expert testimony (also known as a Daubert objection)....

...There are two affidavits filed by the defendant's expert. These are opposed by an affidavit of the plaintiff's expert. Neither side took the deposition of the other side's expert. If the defendant's deposition was taken, it has not been filed of record. "An expert is defined in section 90.702[, Florida Statutes,] as a person who is qualified as an expert in a subject matter `by knowledge, skill, experience, training, or education.'" Charles W....

...1999), and Elkins v. Syken, 672 So.2d 517 (Fla.1996), proceed on the unchallenged assumption that the amount of the fee received by an expert to testify is both discoverable and admissible evidence, even if the expert's income tax return is not. [8] See § 90.702, Fla....

...2d 352, 355 (Fla. 1989) (holding that the “determination of a witness’s qualifications to express an expert opinion is peculiarly within the discretion of the trial judge, whose decision will not be reversed absent a clear showing of error”). Under section 90.702, Florida Statutes (2015), a witness may be “qualified as an expert by knowledge, skill, experience, training, or education....

...e practice of a profession who holds a professional degree from a university or college and has had special professional training and experience, or one possessed of special knowledge or skill about the subject upon which called to testify. Further, section 90.702, Florida Statutes, provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill,...

...e a degree in order to qualify as an expert. A person can be qualified to testify as an expert witness if the witness possesses special knowledge, experience or skill in the subject upon which the witness is called to testify. Fla. R. Civ. P. 1.390; § 90.702, Fla....

...Based on the foregoing, Dr. Greer could testify that appellant's calm demeanor was consistent with a person undergoing shock. As to the confusion Dr. Greer's testimony might cause, we determine any confusion, if it exists, would not justify exclusion of this testimony. Section 90.702, Florida Statutes (2006), governs the admissibility of expert testimony and provides in pertinent part: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determin...

...is admissible only if it can be applied to evidence at trial. Here, the trial court inexplicably reasoned that Dr. Greer's use of words such as "calm" and "shock" would confuse the jury based on their divergent clinical and lay definitions. Based on section 90.702, the evidence should have been admitted unless it would not assist the trier of fact in understanding the evidence or determining a fact in issue....

...United States, 293 F. 1013 (D.C.Cir.1923). The state responds that the psychological evaluation was based on background interviews, records, two clinical interviews, and at least four separate tests and is admissible under the relevancy standard adopted by sections 90.702 and 90.703, Florida Statutes, as well as under Glendening v....

...rsuasive attack. Toro did point out, however, the apparent inconsistency between Flanagan, which held that "profile" evidence is inadmissible because it does not meet the Frye test, and Townsend where, apparently relying on the "relevance" standard (section 90.702, Florida Statutes), the court stated that "if relevant, a medical expert witness may testify as to whether, in the expert's opinion, the behavior of a child is consistent with the behavior of a child who has been sexually abused." Townsend at 958....

...to the Frye test. We also agree with the Hadden dissent that the child abuse syndrome probably would not pass a Frye test. The Tennessee Court of Criminal Appeals, while ruling that child abuse syndrome evidence is inadmissible under its version of section 90.702, Florida Statutes, [5] compiled a list of questions asked within the psychological/psychiatric community regarding the validity of such profile: 1....

...with the admission of the profile evidence could rise to the level of fundamental error. [3] The Toro trial was conducted in April, 1993; the Flanagan opinion was not released until September, 1993. [4] Ramirez established a four-step process under section 90.702 in order to determine the admissibility of a new or novel scientific principle; one such step now requires a Frye analysis. This was not the case when Kruse permitted, under section 90.702, the admission of syndrome evidence relating to child sexual abuse....

...dmissible, except as provided by law." Because there is no dispute that the testimony of the state's experts is relevant to some of the issues involved in this prosecution, the expert witness testimony is admissible unless otherwise excluded by law. Section 90.702 provides: "If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as a expert by knowledge, skill, experience, trainin...

...In this products liability action, the plaintiff alleged she lost her sense of smell, a condition known as anosmia, after she used a Zicam nasal spray. The defendants moved to exclude the opinion of the plaintiff’s causation expert, based on the recent change to section 90.702, Florida Statutes (2013), which now requires trial courts to apply the standard of Daubert v....

...579 (1993), in ruling on the admissibility of expert testimony. The trial court granted the defendants’ motion and entered summary judgment in favor of the defendants. We affirm the summary judgment, concluding that the trial court did not abuse its discretion in excluding the causation testimony under section 90.702, Florida Statutes (2013)....

...Sheriff’s Office, 166 So. 3d 189, 194 n.2 (Fla. 1st DCA 2015). But the issue of whether a statute applies retroactively is a question of law reviewed de novo. Bionetics Corp. v. Kenniasty, 69 So. 3d 943, 947 (Fla. 2011). In 2013, the Florida Legislature amended section 90.702 with the intent to adopt the federal Daubert standard for the admission of expert testimony. See Ch. 2013–107, § 1, Laws of Fla. (2013). On appeal, the plaintiff’s primary argument is that the 2013 amendments to section 90.702 are substantive in nature and should not be applied retroactively to her case, which was filed in 2009....

...Mancusi, 632 So. 2d 1352, 1358 (Fla. 1994). A statute that merely “relates to the admission of evidence” is generally considered procedural. Windom v. State, 656 So. 2d 432, 439 (Fla. 1995). Accordingly, as the Third District has explained, “section 90.702 of the Florida Evidence Code indisputably applies retrospectively.” Perez v....

...Statewide Uniform Guidelines for Taxation of Costs in Civil Actions, and the trial court failed to make any 1 In deciding that the amendments apply retrospectively, we note that the plaintiff did not raise the argument that the 2013 amendments to section 90.702 violated the separation of powers doctrine by encroaching upon the Florida Supreme Court’s authority to adopt procedural rules in Florida courts....

...000, and awarded appellees attorney's fees in the amount of $610,275. The final judgment on attorney's fees is being appealed here, as well as the final judgment on the jury verdict and the rulings on the posttrial motions. Testimony of Grief Expert Section 90.702, Florida Statutes, deals with admissibility of expert testimony: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualifie...

...Coppotelli, an expert, was actively involved in therapy with the Channing family. She did not merely testify about subjects which might have been within the ordinary experience of the jury, she provided specific information in regard to the Channing family. Thus, the expert testimony was admissible under section 90.702 as it was both specialized knowledge and significant information to assist the jury in understanding the evidence and evaluating the issue of damages here....

...Fact witnesses and expert witnesses are distinguishable. An expert witness is used “[i]f scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue.” See § 90.702, Fla....

...[4] 61 Am.Jur.2d Physicians, Surgeons, & Other Healers § 353 (1981). In questioning whether physicians from a different licensed practicing peer group from that provided to the claimant are not qualified to express an opinion as to the reasonableness and necessity of the care furnished, we have not overlooked section 90.702 of the Florida Evidence Code, which broadly states that "a witness [may be] qualified as an expert by knowledge, skill, experience, training, or education," [5] yet we find nothing in section 440.13 evincing any legislative intent to incorporate the provisions of section 90.702....

...We are nevertheless constrained to affirm, based upon this court's prior decision in Alford v. G. Pierce Woods Memorial Hospital , holding that a physician of a different peer group from that of the physician sought to be authorized may be qualified as an expert under section 90.702 to opine that the requested care is not reasonable and necessary....

...In the case at bar, the E/C failed to show that either Dr. Conant or Dr. Arpin was qualified to testify in the area of chiropractic medicine, as neither physician was asked a single question about his or her "knowledge, skill, experience, training, or education" in that field, as is required by section 90.702....

...Nevertheless, claimant did preserve the issue of whether section 440.13 permits a physician, practicing outside the peer group of a physician whose care has been authorized, to testify as an expert on the reasonableness of the furnished care, notwithstanding that such physician may be qualified to testify as an expert under 90.702....

...[3] Although peer is not defined in section 440.13, the term is commonly defined as "a person or thing of the same rank, value, quality, ability, etc." Webster's New World Dictionary 1048 (2d college ed. 1980). [4] The general rule has been modified by statute in Florida. See 766.102(2), Fla. Stat. (1991). [5] Section 90.702, Fla....

1461-63, Laws of Fla, consistent with Daubert, section 90.702, Florida Statutes (2013). . At the same time

...The next issue involves the testimony of an expert who was allowed to testify as to the extent and progress of the survivors' grief after the death of Mrs. Angrand. Key contends that the testimony was not helpful to the jury and was unfairly prejudicial. Section 90.702, Florida Statutes (1991), states: If scientific, technical, or other specialized knowledge will assist the trier of fact in *650 understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledg...

...He has written or coauthored five books on the subject, as well as numerous articles, and has presented papers to professional groups. He provides training to counselors, therapists, nurses, social workers and physicians. By qualifications, the witness met the definition of expert as set out in section 90.702 and Florida Rule of Civil Procedure 1.390(a)....

...That the witness was qualified to testify as an expert does not end our inquiry, however. The Evidence Code also requires that the specialized knowledge must be such that it "will assist the trier of fact in understanding the evidence or in determining a fact in issue... ." Section 90.702, Fla....

...ny would only serve to mislead and confuse the jury. Following a Frye [2] hearing, the State's motion was denied. We quash the order permitting Dr. Cole to testify because his "informed hypothesis" is irrelevant to any material issue. See Fla. Stat. § 90.702 (an expert's opinion "is admissible only if it can be applied to the evidence at trial"); Stano v....

...lvray raises other points upon this appeal which we have examined and found to be insufficient to upset the judgment under review. See e.g., Atlantic Coast Development Corp. v. Napoleon Steel Contractors, Inc., 385 So.2d 676, 680 (Fla. 3d DCA 1980); § 90.702, Fla.Stat....

...We conclude that the trial court erred in disregarding the testimony of both witnesses. Mr. Artes qualifies as an expert notwithstanding his lack of licensure or professional training. An expert is a person who is qualified in a subject matter "by knowledge, skill, experience, training, or education." § 90.702, Fla....

...e evidence to prove causation. Ms. Perez asserts on appeal that the testimony is admissible as “pure opinion” testimony under Marsh v. Va-lyou, 977 So.2d 543 (FIa.2007). Analysis The admissibility of expert testimony in this state is governed by section 90.702 of the Florida Evidence Code....

...tween trauma and the onset of fibro-myalgia, based on clinical experience, State Farm Mut. Auto. Ins. Co. v. Johnson, 880 So.2d 721, 722-23 (Fla. 2d DCA 2004); see generally 24A Fla. Jur. Evidence, § 1104. 9 In 2013, the Florida legislature amended section 90.702 of the Florida Evidence Code “to adopt the standards for expert testimony in the courts of this state as provided in Daubert v....

...2786 , 125 L.Ed.2d 469 (1993)” and as “reaffirmed and refined” by both General Electric Co. v. Joiner, 522 U.S. 136 , 118 S.Ct. 512 , 139 L.Ed.2d 508 (1997), and Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 , 119 S.Ct. 1167 , 143 L.Ed.2d 238 (1999). Ch. 2013-107, § 1, Laws of Fla. (2013) (Preamble to § 90.702). In so doing, the Legislature expressed its intent to “prohibit in the courts of this state pure opinion testimony as provided in Marsh v. Valyou, 977 So.2d 543 (Fla.2007).” Id. On July 1, 2013, these revisions to section 90.702 went into effect, changing Florida from a Frye jurisdiction to a Daubert jurisdiction....

...Expert testimony that might otherwise qualify as “pure opinion” testimony is expressly prohibited. Ch. 2013-107, § 1, Laws of Fla. (2013). The legislative purpose of the new law is clear: to tighten the rules for admissibility of expert testimony in the courts of this state. 11 *498 Moreover, section 90.702 of the Florida Evidence Code indisputably applies retrospectively....

...hibition against ex post facto laws); Alamo Rent-A-Car, Inc. v. Mancusi, 632 So.2d 1352, 1358 (Fla.1994) (“Procedural or remedial statutes ... are to be applied retrospectively and are to be applied to pending cases.”). Although the revisions to section 90.702 came into force after the filing of this appeal, we apply them retrospectively to the facts of this case....

...The pure-opinion testimony exception to the Frye test is not limited to medical expert testimony. See Jones v. Goodyear Tire & Rubber Co., 871 So.2d 899, 902-03 (Fla. 3d DCA 2003) (applying pure-opinion exception to expert testimony regarding tire defects). . Section 90.702, as amended, reads as follows: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill...

...to the extent they are procedural, see In re Amendments to the Florida Evidence Code, 825 So.2d 339, 341 (Fla.2002), and has already stricken all references to the Frye test from the Florida Rules of Juvenile Procedure and adopted the amendments to section 90.702....

...to show Hernandez suffered from brain damage. Hernandez argues here that the proper test to apply for the admissibility of qEEG is Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), based on the Legislature’s 2013 amendment to section 90.702, Florida Statutes....

...the time Mendoza was tried in 1992. Id. at 666. Thus, the relevant time frame for determining if qEEG met the test for admissibility was the time of trial because the issue is raised here in a claim of ineffective assistance of trial counsel. Section 90.702 was amended in 2013 to provide that testimony by an expert who is qualified by knowledge, skill, experience, training, or education may testify in the form of opinion if (1) the testimony is based upon sufficient facts or data; (2) the testimony is the product of reliable principles and methods; and (3) the witness has applied the principles and methods reliably to the facts of the case. See § 90.702(1)-(3), Fla....

...The State filed a motion in limine, seeking to exclude this evidence, and both parties requested that the trial court, in determining whether the expert testimony was admissible, apply the test set forth in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), and section 90.702, Florida Statutes (2013)....

...See In re Amendments to Fla. Evidence Code, 210 So. 3d 1231, 1239 (Fla. 2017). During the pendency of the instant appeal, the Florida Supreme Court answered this question in Delisle v. Crane Co., 43 Fla. L. Weekly S459 (Fla. October 15, 2018), holding that section 90.702, as amended in 2013, is procedural and not substantive, and “reaffirm[ing] that Frye, not Daubert, is the appropriate test in Florida courts.” Id....

...ts on appeal "constitutes a waiver of these claims"). Daubert v. Merrell Dow Pharm., Inc. , 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993). At the time of trial, Daubert had been the new evidentiary standard for approximately ten months. See § 90.702, Fla....

skill, experience, training, or education.” § 90.702, Fla. Stat. (1999). There is no requirement that

...State, 654 So.2d 218, 220 (Fla. 1st DCA 1995))); Rozier v. State, 636 So.2d 1386, 1387-88 (Fla. 4th DCA 1994), the trial court ruled that Dr. Larson's testimony would not assist the jury in understanding the evidence or determining a fact in issue. See § 90.702, Fla....

...Treating Physicians Testimony given by treating physicians blurs the boundary between fact testimony and expert testimony because treating physicians and expert medical witnesses both possess "scientific, technical, or other specialized knowledge" which informs their testimony. § 90.702, Fla....

...ican Psychological Association. He has been deemed an expert many times in courts throughout Florida, and no court has ever refused to allow Dr. Prichard to render an expert opinion in the field of psychology on the issue of intellectual disability. Section 90.702, Florida Statutes (2012), provides that a witness may be qualified as an expert based on knowledge, skill, experience, training, or education....

...any of these three evidentiary decisions. First, the trial court did not abuse its discretion in allowing Dr. Goldberger to answer the hypothetical propounded by the prosecuting attorney, as this expert testimony was not pure opinion testimony under section 90.702, Florida Statutes. We have previously noted that “‘[p]ure opinion’ testimony is based only on clinical experience and training; in contrast, the cornerstone of section 90.702 is relevance and reliability based on scientific knowledge....

...See Daubert, 509 U.S. at 590, 113 S. Ct. 2786 (explaining that “the subject of an expert’s testimony must be ‘scientific knowledge’”).” Booker v. Sumter Cty. Sheriff's Office/N. Am. Risk Servs., 166 So. 3d 189, 194 (Fla. 1st DCA 2015). Section 90.702, Florida Statutes, requires that to admit expert testimony involving “scientific, technical, or other specialized knowledge” to help juries decide a “fact in issue,” the trial court must determine if “(1) The testimony is bas...

...Merrell Dow Pharmaceuticals, Inc., ___ U.S. ___, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), broadened the standard for admissibility of scientific opinion based upon the language of rule 702 of the Federal Rules of Evidence, which language is also contained in section 90.702, Florida Statutes (1993)....

... At issue in this appeal are only the expert opinions related to causation, not the appropriate standard of care.1 Appellant offered the expert testimony of Patricia Penkoske, M.D., and Harry Hull, M.D., which the trial court struck under Daubert and section 90.702, Florida Statutes (2023)....

...concerning causation are inadmissible. The experts[’] background, training and experience coupled with the various articles they had referenced in their deposition and reports do not satisfy the requirements of Florida Statutes, section 90.702, and Daubert v....

...nt, was subject to de novo review. 6  IV. Upon a proper challenge to expert testimony, its proponent bears the burden of establishing admissibility. Lewis, 420 So. 3d at 1104. Section 90.702, Florida Statutes, codifying Daubert, provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in...

...She explained there were no studies on the impact of the antibiotics on the toxins that ultimately cause death. The trial court did not err in finding that Dr. Snow failed to reliably apply her principles and methods to the facts of the case in a manner that would assist the jury. See § 90.702(3), Fla....

...See Greenwald v. Eisinger, 12 possible cause for Chaux’s fall did not satisfy Daubert.6 “Florida courts follow the Daubert standard when determining the admissibility of expert opinion testimony, which is codified in section 90.702, Florida Statutes: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge...

...(2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case.” Lewis v. Norfolk S. Ry. Co., 420 So. 3d 1099, 1104 (Fla. 5th DCA 2025) (quoting § 90.702, Fla....

...A trial court’s decision to exclude expert testimony under Daubert is reviewed for an abuse of discretion. See Sunbelt Rentals, Inc. v. Burns, 402 So. 3d 1178, 1185 (Fla. 3d DCA 2025); Lewis v. Norfolk S. Ry. Co., 420 So. 3d 1099, 1104 (Fla. 5th DCA 2025). 7 “Section 90.702, which was amended in 2013, is patterned after Rule 702 of the Federal Rules of Evidence as amended in 2000,” and therefore federal cases interpreting the federal rule are persuasive....

...extensive evaluation and comparison of Chaux’s medical records from the day of the incident and prior. Because Dr. Goldstein’s opinion that Chaux’s fall was likely the result of an alcohol withdrawal seizure was “the product of reliable principles and methods,” § 90.702(2), Fla....

...See Greenwald v. Eisinger, 12 possible cause for Chaux’s fall did not satisfy Daubert.6 “Florida courts follow the Daubert standard when determining the admissibility of expert opinion testimony, which is codified in section 90.702, Florida Statutes: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge...

...(2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case.” Lewis v. Norfolk S. Ry. Co., 420 So. 3d 1099, 1104 (Fla. 5th DCA 2025) (quoting § 90.702, Fla....

...A trial court’s decision to exclude expert testimony under Daubert is reviewed for an abuse of discretion. See Sunbelt Rentals, Inc. v. Burns, 402 So. 3d 1178, 1185 (Fla. 3d DCA 2025); Lewis v. Norfolk S. Ry. Co., 420 So. 3d 1099, 1104 (Fla. 5th DCA 2025). 7 “Section 90.702, which was amended in 2013, is patterned after Rule 702 of the Federal Rules of Evidence as amended in 2000,” and therefore federal cases interpreting the federal rule are persuasive....

...extensive evaluation and comparison of Chaux’s medical records from the day of the incident and prior. Because Dr. Goldstein’s opinion that Chaux’s fall was likely the result of an alcohol withdrawal seizure was “the product of reliable principles and methods,” § 90.702(2), Fla....

...Morrow’s testimony regarding the value of the body repair was, however, admissible as either lay opinion based on his knowledge of the facts he perceived, or as expert opinion based upon his experience in body repair work. See C. Ehrhardt, Florida Evidence § 701.1, at pp. 388-89 (2d ed. 1984); § 90.702, Fla.Stat....

...[4] That is not an accurate legal description. To have probative value, the plaintiff's survey must contain an accurate legal description of the property being surveyed. An expert "opinion is admissible only if it can be applied to evidence at trial." § 90.702, Fla....

...es as marijuana had always been corroborated by lab tests. The trial court, therefore, did not abuse its discretion by finding the officer qualified, through his training and extensive work experience, as an “expert” in marijuana identification. § 90.702, Fla.Stat....

...an expert with “specialized knowledge.” The state tendered and the judge accepted the officer’s opinion testimony based upon his prior experience and knowledge in the narcotics field. The testimony, therefore, was clearly within the purview of section 90.702, dealing with the admissibility of opinion testimony of experts....

court erred in, among other things, applying section 90.702, Florida Statutes (2017), and Daubert rather

...The trial court overruled the objection and admitted the cigar into evidence. A witness may be qualified as an expert based on his or her knowledge, skill, experience, *589 training or education to render an opinion if it will assist the jury in determining a fact in issue. § 90.702, Fla....

...effective for failing to raise a meritless objection. See Schoenwetter, 46 So.3d at 546 . Next, we find no merit to McMil-lian’s ineffectiveness claim for failure to object to Detective Wolcott’s testimony regarding cell phone information. Under section 90.702, Florida Statutes (2010), expert testimony is defined as “scientific, technical, or other specialized knowledge.” Additionally, “[t]he basic principles of cellular technology have been widely accepted and admitted into evidence.” Gosciminski v....

...Here, Wolcott testified about the contents of the cell phone records and spoke generally about cell records. Wolcott’s testimony was about basic principles of cellular technology and did not require “scientific, technical, or other specialized knowledge.” See § 90.702, Fla....

...to the evidence at trial.” Gamble v. State, 644 So. 2d 1376, 1377 (Fla. 5th DCA 1994). A witness who is “qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion or otherwise,” if certain requirements are met. § 90.702, Fla....

...c. v. Castroneves, 905 So. 2d 182, 185 (Fla. 3d DCA 2005) (explaining that witness’s legal conclusions depended on the use of his legal experience and specialized training and, therefore, it should have only been admitted as expert testimony under section 90.702). 6  In addition, Sergeant Laborda’s testimony was not based on his perception of the shooting and, therefore, it was not appropriate lay opinion testimony....

...f any individual. A witness may only testify as an expert in those areas of his expertise. Rowe v. State, 120 Fla. 649 , 163 So. 22 (1935); Kelly v. Kinsey, 362 So.2d 402 (Fla. 1st DCA 1978); Upchurch v. Barnes, 197 So.2d 26 (Fla. 4th DCA 1967). See § 90.702, Fla.Stat....

but it did not satisfy the requirements of section 90.702, Florida Statutes (2023), which is a codification

...Thompson (“Claimant”) suffered a compensable, on-the-job accident. It argues the Judge of Compensation Claims (“JCC”) reversibly erred by: (1) denying its Daubert 1 objection to the 1 Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), and codified in section 90.702, Florida Statutes. admissibility of the report and opinions of the expert medical advisor (“EMA”); and (2) relying upon the EMA opinion to determine a compensable accident occurred....

...n, it is subject to de novo review.” MBM Corp. v. Wilson, 186 So. 3d 574, 576 (Fla. 1st DCA 2016). The E/C contends that the JCC abused his discretion by admitting the report and testimony of the EMA, Dr. Cameron, over its objection based on section 90.702, Florida Statutes, which codifies the federal Daubert standard. In response—although acknowledging that Daubert applies generally in Florida workers’ compensation cases—Claimant asserts that nothing about Daubert or section 90.702 applies to an EMA appointed under section 440.13(9), Florida Statutes....

...ative as to evidentiary issues in workers' compensation cases”). 14  jurisdiction over rules of procedure in workers’ compensation proceedings; 2013: The Florida Legislature modified section 90.702, Florida Statutes, to adopt the Daubert standard for expert testimony in the courts of this state in place of the Frye standard; 2017: The Florida Supreme Court rejected the implementation of Daubert and retained the Frye standard because it perceived the Florida Legislature as infringing on its power to enact procedural law when it amended sections 90.702 and 90.704 of the Florida Evidence Code in 2013. See In re Amend....

...supporting findings of fact, and issue a ruling”) (emphasis added)). Here, the trial court’s oral and written rulings concerning Dr. Bain’s exclusion were conclusory in nature. As in Busch, the court merely tracked the language of the relevant Daubert statute, section 90.702, Florida Statutes....

...r methodology properly can be applied to the facts in issue" and explaining that "[m]any factors will bear on the inquiry, and we do not presume to set out a definitive checklist or test[,] [b]ut some general observations are appropriate"). See also § 90.702, Fla....

...466 U.S. at 688 , 104 S.Ct. 2052 (emphasis supplied). Finally, even if the refusal to admit expert testimony concerning the norms of capital representation constitutes an abuse of discretion under certain discrete circumstances, it does not here. Under section 90.702, Florida Statutes, expert testimony is admissible only where “specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue.” Hypothetically, a situation could exist in which a...

...We would expect that, in many cases, expert testimony would assist a jury in determining whether a defendant’s prescription of controlled substances was “in good faith and in the course of professional practice,” in comparison to the prevailing professional standard of care. As section 90.702, Florida Statutes (2018), provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an ex...

...(2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. Here, the state expert’s testimony appears to be intended for the very purpose which section 90.702’s plain language conveys – to “assist the trier of fact in understanding the evidence or in determining a fact in issue” – that the defendant did not prescribe the controlled substances “in good faith and in the course of p...

...Further, it would be absurd to think that defense counsel merely bargained for the inadmissibility of inconclusive results which are likely inadmissible in the absence of a bargain. Expert testimony is admissible only if it “will assist the trier of fact in understanding the evidence or in determining a fact in issue.” § 90.702, Fla.Stat....

...community and various federal and state medical fee schedules applicable to automobile and other insurance coverages, and other information relevant to the 1 Appellee also argued that Dr. Dauer’s affidavit did not meet the Daubert test as codified in section 90.702, Florida Statutes....

body. The Florida Evidence Code, specifically Section 90.702, Florida Statutes, permits a witness to qualify

...State, 403 So.2d 956 (Fla.1981). As to the admissibility of the testimony of the nurse practitioner regarding her examination of the child victim, the trial court did not abuse its discretion in admitting the testimony as the witness was qualified based on the criteria of Section 90.702, Florida Statutes (1989)....

...The majority of the proposals are in response to recent statutory amendments. See ch.2012-81, § 1, Laws of Fla. (amending § 39.802(4)); ch.2012-84, § 2, Laws of Fla. (amending § 20.19, Fla. Stat.); eh.2013-21, § 3, Laws of Fla. (creating § 39.522(3), Fla. Stat.); ch. 2013-107 (amending § 90.702, Fla....

...�� so long as “(1) [t]he testimony is based upon sufficient facts or data; (2) [t]he testimony is the product of reliable principles and methods; and (3) [t]he witness has applied the principles and methods reliably to the facts of the case.” § 90.702, Fla....

...n Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 589 (1993)); see also In Re: Amends. to the Fla. Evidence Code, 278 So. 3d 551, 554 (Fla. 2019) (adopting the Legislature’s Daubert amendments to the Florida Evidence Code). Neither section 90.702 nor our case law require that an attorney have previously testified as an expert on the reasonableness of the amount of attorney’s fees and costs to be qualified as an expert....

...t in New Jersey condemnation matters, a Florida real estate broker’s license and appearance as an expert in the circuit court of Broward County. We hold that, on these facts, the trial court abused its discretion by excluding the expert testimony. Section 90.702, Fla.Stat....

...Although all of DeLisle’s experts agreed that the crocidolite asbestos in the Kent filters was a causative factor, they disagreed as to whether the other products were substantial contributing factors. Appellees challenged each expert’s opinions under section 90.702, Florida Statutes, which adopted the Daubert 4 test for expert testimony....

...2786 , 125 L.Ed.2d 469 (1993), General Electric Co. v. Joiner, 522 U.S. 136 , 118 S.Ct. 512 , 139 L.Ed.2d 508 (1997), and Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 , 119 S.Ct. 1167 , 143 L.Ed.2d 238 (1999).” 2013 Fla. Sess. Law Serv. Ch. 2013-107 (H.B.7015) (WEST). Section 90.702 codifies the standard: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experi...

...pinion or otherwise, if: (1) The testimony is based upon sufficient facts or data; (2) ■ The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. § 90.702, Fla. Stat. (2015). Under section 90.702 and Dau-bert, 509 U.S....

...In the context of the materials involved in this case, friable or dust-producing materials are the opposite of materials in which the asbestos remains encapsulated or encased. . DeLisle also argues that this court lacks the authority to apply Daubert , as incorporated through section 90.702, Florida Statutes (2015), which was adoptéd in 2013 prior to the trial in this case, because it is a legislative change to the evidence code that has not yet been approved by the Florida Supreme Court....

...which can detect the sound of gunfire and notify police. Appellant claims the state failed to present substantial competent evidence that the expert’s scientific testimony was reliable. We find that the trial court did not err in admitting the testimony under Daubert and section 90.702....

...onded to the location and why they made contact with appellant. Before the bench trial, appellant moved to exclude expert testimony regarding ShotSpotter technology as it relates to detecting gunfire, arguing the testimony was inadmissible under section 90.702 and Daubert. The state responded that the testimony satisfied section 90.702 and Daubert. During a hearing on the motion to exclude, the court heard testimony from the expert, Collier, a forensic services manager at ShotSpotter, Inc., with seven years of experience....

...4 gatekeeping function under Daubert. The state, in turn, argues that the trial court did not abuse its discretion in admitting the expert testimony of the ShotSpotter technology and that the expert’s testimony satisfied Daubert and section 90.702. A trial court’s ruling on the admissibility of expert testimony under section 90.702, Florida Statutes (2021), is reviewed under the abuse of discretion standard. Kemp v. State, 280 So. 3d 81, 88 (Fla. 4th DCA 2019). Section 90.702 codifies the Daubert standard as follows: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as...

...Further, Collier had previously testified over 70 times about the ShotSpotter system and had been qualified as an expert on most occasions. Based on all this background, Collier had been “qualified as an expert by knowledge, skill, experience, training, or education.” § 90.702, Fla....

...The State filed a motion in limine, seeking to exclude this evidence, and both parties requested that the trial court, in determining whether the expert testimony was admissible, apply the test set forth in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), and section 90.702, Florida Statutes (2013)....

...See In re Amendments to Fla. Evidence Code, 210 So. 3d 1231, 1239 (Fla. 2017). During the pendency of the instant appeal, the Florida Supreme Court answered this question in Delisle v. Crane Co., 43 Fla. L. Weekly S459 (Fla. October 15, 2018), holding that section 90.702, as amended in 2013, is procedural and not substantive, and “reaffirm[ing] that Frye, not Daubert, is the appropriate test in Florida courts.” Id....

...ot relate to the facts of the instant case. We agree. In order to admit expert testimony, the trial court should determine that the expert testimony will assist the trier of fact “in understanding the evidence or in determining a fact in issue.” § 90.702, Fla....

...ewitness identifications and that expert testimony would invade the province of the jury. It also asserted that, because Dr. Brigham would not opine on whether the eyewitness identification was correct'in this case, his testimony did not comply with section 90.702(3), Florida - Statutes (2013), which states that the expert must apply “the principles and methods reliably to the facts of the case.” The .State specifically asserted, “I don’t think we need a Frye 3 hearing,” and neither a Frye hearing nor a Daubert 4 hearing was conducted....

...The supreme court concluded its McMullen opinion by holding that the admissibility of expert testimony regarding the reliability of eyewitness testimony is left to the sound discretion of the trial judge. By so holding, we are continuing to align ourselves with a majority of other jurisdictions. Under our evidence code, § 90.702, Fla....

...jective 4.4D, it is true that expert testimony may be presented in the form of an opinion “[i]f scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue.” § 90.702, Fla....

...d Objective 4.4D, it is true that expert testimony may be presented in the form of an opinion "[i]f scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue." § 90.702, Fla....

...testimony the witness would give if called to the courtroom. The witness should not be discredited just because the witness talked with a lawyer about [his] [her] testimony.] NOTES ON USE FOR 601.2 1. Expert witness. See F.S. 90.702 (1985), and Shaw v....

...gal opinion in that he contended that the SPP Statute and Rule incorporate a prudence review—precisely the legal question at issue. Florida law generally precludes expert testimony where it constitutes an opinion on such a question of law. See § 90.702, Fla....

...cites no case for this proposition. The experience factor in Ray does not require formal training or assignment to a specialized drug unit (though certainly such formal training and experience could add to the weight accorded an officer's testimony). See also § 90.702, Fla....

...Here, the pathologists’ expert opinion testimony was evidence demonstrating causation, from which the JCC could conclude a sufficient causal relationship, established within a reasonable degree of medical certainty, as required by the Workers’ Compensation Law. See § 90.702, Fla....

...Heron’s Landing Condo. Ass’n of Jacksonville, 44 Fla. L. Weekly D109, D111 (Fla. 1st DCA Dec. 27, 2018) (applying DeLisle on appeal in reviewing the admissibility of expert opinions that the trial court admitted at trial pursuant to Daubert and section 90.702)....

...The court granted a downward departure and sentenced appellant to five consecutive terms of six years in prison, for a total of 30 years in prison. On appeal, appellant initially argued that Dooley’s testimony did not meet the requirements of section 90.702, Florida Statutes (2015), and Daubert....

...2017), appellant filed a supplemental brief arguing that Dooley’s testimony did not satisfy 7 the Frye standard. Notably, at the time of trial in 2015, the extant case law held that the Daubert Amendment to section 90.702 applied to pending cases. See Perez v. Bell S. Telecomm., Inc., 138 So. 3d 492, 498 (Fla. 3d DCA 2014) (holding that the 2013 revision to section 90.702 should be applied retrospectively to pending cases); see also Pardo v....

...The court declared: “This rule—that expert testimony should be deduced from generally accepted scientific principles—has been the standard in Florida cases and, today, we reaffirm that it is still the standard.” Id. at 1225. The court held that section 90.702, as amended in 2013, is procedural, and that the Legislature infringed on the court’s rulemaking authority when it enacted the amended statute....

...e of discretion. Baan v. Columbia County, 180 So. 3d 1127 (Fla. 1st DCA 2015). In the instant case, the expert’s opinion was challenged pursuant to Daubert, 509 U.S. 579. The Daubert standard for admissibility was adopted by the Legislature in section 90.702, Florida Statutes (2014).* See Giaimo v....

...argues that the trial court erred in admitting the testimony of the arresting officer identifying the plant material and pipe seized from R.C.'s book bag as marijuana and drug paraphernalia because the State failed to satisfy the recently adopted Daubert1 standard for the admissibility of expert testimony as stated in section 90.702, Florida Statutes (2014) (codifying Daubert)....

...g sufficient training and experience to detect cannabis." In support of this motion, defense counsel argued, among other things, that the State would be unable to satisfy the Daubert standard for the admissibility of expert testimony, codified in section 90.702, effective July 1, 2013, with regard to the testimony of the deputy identifying the substance found in R.C.'s book bag. The trial court considered the motion in limine at the adjudicatory hearing. The deputy testified...

...on probation for six months on the charge of possession of marijuana. With regard to -4- the paraphernalia charge, the trial court administered a judicial warning. This appeal followed. III. DAUBERT AND SECTION 90.702 In 2013, the legislature amended section 90.702 with the intention of adopting "the standards for expert testimony in the courts of this state as provided in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), General Electric Co. v. Joiner, 522 U.S. 136 (1997), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999)." Ch. 2013-107, § 1, at 1462, Laws of Fla. (Preamble to § 90.702). The legislature also expressed its intention that the standard in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), would no longer apply in the Florida courts. Id. By amending section 90.702, the legislature further intended to prohibit the use in the Florida courts of pure opinion testimony as provided in Marsh v....

...testimony," i.e., testimony based only on the personal experience and training of the expert, is no longer admissible. Booker v. Sumter Cty. Sheriff's Office/N. Am. Risk Servs., 166 So. 3d 189, 192 (Fla. 1st DCA 2015). As amended, section 90.702 provides as follows: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness q...

...es and methods; and -5-  (3) The witness has applied the principles and methods reliably to the facts of the case. The effective date of the amendment to section 90.702 is July 1, 2013....

...and (4) whether the scientific theory or technique has achieved general acceptance in the relevant scientific community. Id. at 593-94. 2 We recognize that the Florida Supreme Court has not adopted the amendment to section 90.702 rejecting the Frye standard in favor of Daubert as a rule of procedure....

...Indeed, R.C.'s trial counsel argued that despite the deputy's testimony about his training and experience, the number of drug cases that he had investigated, and his personal experiences with marijuana, he was not qualified to offer an opinion under section 90.702....

...unsupported by any field testing or laboratory findings. On appeal, R.C. argues that the deputy's testimony was inadmissible for two reasons. First, the testimony amounted to "pure opinion" testimony that is now inadmissible under Daubert as codified in section 90.702....

...liably applied to the facts of the case for his testimony to be admissible. Stated differently, R.C. argued that because law enforcement officers cannot reliably depend upon their sensory organs to detect marijuana, the codification of Daubert in section 90.702 prohibits the use of their -7- pure opinion testimony—rooted in their training and experience—in identifying an unknown substance as marijuana....

...V. DISCUSSION We think that the trial court correctly ruled that the deputy's identification of the substance found in R.C.'s book bag as marijuana was admissible in evidence. Before the 2013 amendment to section 90.702, the identification of marijuana by nonscientific means was a settled issue in the Florida courts....

...law enforcement officer to testify as an "expert" in marijuana identification based on his training and extensive work experience. Id. at 166. The Third District expressly noted that the trial court's determination that the officer qualified as an "expert" within the purview of section 90.702 was a matter "left to the trial court's discretion, reviewable only for abuse." Id....

...Similarly, in Brooks, the trial court permitted a crack cocaine dealer "to express his opinion, in the form of expert testimony, regarding the identity and weight of the rocky substance contained in [a] sandwich bag." 762 So. 2d at 891-92. Discussing section 90.702, the Florida Supreme Court said that "[i]t is within the trial court's discretion to determine a witness's qualifications to express an opinion as an expert, and the court's determination in this regard will not be reversed absent a clear showing of error." Id....

...and Brooks are not inconsistent with the result that we reach here. A.A. and Brooks merely held that the trial judges in those cases did not abuse their discretion or reversibly err by ruling that a particular witness was qualified to testify as an "expert" within the meaning of section 90.702 concerning 3 We note that R.C....

...argues that the trial court erred in admitting the testimony of the arresting officer identifying the plant material and pipe seized from R.C.’s book bag as marijuana and drug paraphernalia because the State failed to satisfy the recently adopted Daubert 1 standard for the admissibility of expert testimony as stated in section 90.702, Florida Statutes (2014) (codifying Dmbert)....

...ng sufficient training and experience to detect cannabis.” In support of this motion, defense counsel argued, among other things, that the State would be unable to satisfy the Daubert standard for the admissibility of expert testimony, codified in section 90.702, effective July 1, 2013, with regard to the testimony of the deputy identifying the substance found in R.C.’s book bag....

...The trial court withheld adjudication of guilt and placed R.C. on probation for six months on the charge of possession of marijuana. With regard to the paraphernalia charge, the trial court administered a judicial warning. This appeal followed. III. DAUBERT AND SECTION 90.702 In 2013, the legislature amended section 90.702 with the intention of adopting “the standards for expert testimony in the courts of this state as provided in Daubert v....

...2786 , 125 L.Ed.2d 469 (1993), General Electric Co. v. Joiner, 522 U.S. 136 , 118 S.Ct. 512 , 139 L.Ed.2d 508 (1997), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 , 119 S.Ct. 1167 , 143 L.Ed.2d 238 (1999).” Ch. 2013-107, § 1, at 1462, Laws of Fla. (Preamble to § 90.702). The legislature also expressed its intention that the standard in Frye v. United States, 293 F. 1013 (D.C.Cir.1923), would no longer apply in the Florida courts. Id. By amending section 90.702, the legislature further intended to prohibit the use in the Florida courts of pure opinion testimony as provided in Marsh v....

...In other words, by adopting Daubert , the legislature made it clear that “pure opinion testimony,” i.e., testimony based only on the personal experience and training of the expert, is no longer admissible. Booker v. Sumter Cty. Sheriff’s Office/N. Am. Risk Servs., 166 So.3d 189, 192 (Fla. 1st DCA 2015). As amended, section 90.702 provides as follows: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experien...

...timony is based upon sufficient facts or data; (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles- and methods reliably to the facts of the case. The effective date of the amendment to section 90.702 is July 1, 2013....

...Indeed, R.C.’s trial counsel argued that despite the deputy’s testimony about his training and experience, the. number of drug cases that he had investigated, and his personal experiences with marijuana, he was not qualified to offer an opinion under section 90.702....

...y any field testing or laboratory findings. On appeal, R.C. argues that the deputy’s testimony was inadmissible for two reasons. First,' the testimony amounted to “pure opinion” testimony , that is now inadmissible under Daubert as codified in section 90.702....

...reliably applied to the facts of the case for his testimony to be admissible. Stated differently, R.C. argued that because law enforcement officers cannot reliably depend upon their sensory organs to detect marijuana, the codification of Daubert in section 90.702 prohibits the use of their pure opinion testimony — rooted in their training and experience — in identifying an unknown substance as marijuana....

...e medical principles and methods”). Y. DISCUSSION We think that the trial court correctly ruled that the deputy’s identification of the substance found in R.C.’s book bag as marijuana was admissible., in evidence.' Before the 2013 amendment to section 90.702, the identification of marijuana by nonscientific means was ....

...n “expert” in marijuana identification based on his training and extensive work experience. Id. at 166. The Third District expressly noted that the trial court’s determination that the officer qualified as an “expert” within the purview of section 90.702 was a matter “left to the trial court’s discretion, reviewable only for abuse.” Id....

...Similarly, in Brooks , the trial court permitted a crack cocaine dealer “to express his opinion, in the form of expert testimony, regarding the identity and weight of the rocky substance contained in [a] sandwich bag.” 762 So.2d at 891-92 . Discussing section 90.702, the Florida Supreme Court said that “[i]t is within the trial court’s discretion to determine a witness’s qualifications to express an opinion as an expert, and the court’s determination in this regard will not be reversed absent a clear showing of error.” Id....

...We conclude that the holdings in AA and Brooks are not inconsistent with the result that we reach here. A.A. and Brooks merely held that the trial judges in those cases did not abuse their discretion or reversibly err by ruling that a particular witness was qualified to testify as an “expert” within the meaning of section 90.702 concerning the identification of a substance by nonseientific means....

...Accordingly, we affirm the order of disposition. Affirmed. BLACK and LUCAS, JJ., Concur. . Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993). . We recognize that the Florida Supreme Court has not adopted the amendment to section 90.702 rejecting the Frye standard in favor of Daubert as a rule of procedure....

...PER CURIAM. The Court, according to its exclusive rulemaking authority pursuant to article V, section 2(a) of the Florida Constitution, adopts chapter 2013-107, sections 1 and 2, Laws of Florida (Daubert amendments), which amended sections 90.702 (Testimony by experts) and 90.704 (Basis of opinion testimony by experts), Florida Statutes, of the Florida Evidence Code to replace the Frye 1 standard for admitting certain expert testimony with the Daubert2 standard, the standard for expert testimony found in Federal Rule of Evidence 702. 1....

...raised” by the Committee members and commenters who opposed the amendments. Without now readdressing the correctness of this Court’s ruling in DeLisle v. Crane Co., 258 So. 3d 1221, 1229 (Fla. 2018), we note that the decision determined that section 90.702 of the Florida Evidence Code, as amended by section 1 of chapter 2013-107, 3 is procedural in nature. DeLisle did not address the amendment to 3. Chapter 2013-107, section 1, Laws of Florida, amended section 90.702, Florida Statutes (2012), to read as follows: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness...

...Accordingly, in accordance with this Court’s exclusive rule-making authority6 and longstanding practice of adopting provisions of the Florida Evidence Code as they are enacted or amended by the Legislature,7 we adopt the amendments to sections 90.702 and 90.704 of the Florida Evidence Code made by chapter 2013-107, sections 1 and 2....

...are procedural, provisions of the Evidence Code as they are enacted or amended by the Legislature); In re Amends. to Fla. Evidence Code, 210 So. 3d at 1236 (same). -6- opinion, we adopt the amendments to section 90.702 as procedural rules of evidence and adopt the amendment to section 90.704 to the extent it is procedural. It is so ordered. CANADY, C.J., and POLSTON, LAWSON, LAGOA, and MUÑIZ, JJ., concur. LAWSON, J., concurs and concurs spe...

...Accordingly, I dissent from the decision of the majority to adopt the Daubert amendments and recede from our 2017 decision. LUCK, J., dissenting. I wish I could join the majority opinion adopting as a procedural rule of evidence the legislature’s Daubert amendment to section 90.702, Florida Statutes. - 18 - I really do. I think our decision in DeLisle v. Crane Co., 258 So. 3d 1219 (Fla. 2018), finding that the amendments to section 90.702 were an unconstitutional encroachment on our exclusive authority to adopt rules for the practice and procedure in all courts is wrong, and we should overrule it when we have a proper case or controversy. But, for two reasons, I can’t join the majority’s opinion. First, the majority opinion adopts the amendments to section 90.702 as procedural rules without following our procedure for adopting rules....

...I also must dissent because the majority opinion uses our article V, section 2(a) rulemaking authority to adopt the Daubert amendment based on the faulty premise that it “is procedural in nature.” Majority op. at 2. It is not procedural. Section 90.702 is substantive, and we do not have the constitutional authority to adopt substantive laws as procedural rules. While the burden is on us to “adopt rules for the practice and procedure in all courts,” art....

...2d at 53, we have said that “[s]ubstantive law prescribes the duties and rights under our system of government,” while “[p]rocedural law concerns the means and method to apply and enforce those duties and rights.” Benyard, 322 So. 2d at 475. - 42 -  Section 90.702 establishes the right of litigants to introduce expert testimony in the courts. See § 90.702 (“[A] witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion or otherwise, if” certain conditions are met.)....

...of the consideration of hearsay testimony in Ryce Act proceedings does not violate that constitutional provision.” Id. The Daubert amendment is no different than the statutes allowing victim impact evidence in death-penalty cases and hearsay reports in Jimmy Ryce Act cases. Section 90.702, like the other two statutes, establishes the right of parties to introduce evidence in our courts by abrogating the common law prohibition against such evidence....

...eliciting it.”). The Daubert amendment, like the other two statutes, lays out the duties of the parties in introducing such evidence. If the death-penalty victim impact statute and the Jimmy Ryce Act hearsay statute are substantive, then so is section 90.702. It fits within our definition of substantive law and is consistent with our case law holding similar evidentiary statutes as substantive. I understand we held in DeLisle that section 90.702 “is not substantive” and “does not create, define, or regulate a right.” 258 So....

...les ‘to the extent they are procedural’—without deciding whether they are procedural,” and cites four cases to support the proposition. Concurring op. at 11. I agree. But the majority opinion does more than adopt the amendments to section 90.702 to the extent they are procedural. The majority opinion “adopt[s] the amendments to section 90.702 as procedural rules of evidence.” Majority op....

...ns not to return to work, instructions the JCC determined were never actually given, the IME also expressly testified that it was his opinion that, given the nature of her injuries, Claimant was in a TTD status from the date of accident forward. See § 90.702, Fla....

opinion testimony. This standard is set forth in section 90.702, Florida Statutes (1995): 90.702 Testimony

...inion or inference, (2) the use of opinion or inference will not mislead the trier of fact to the prejudice of the adverse party, and (3) the opinion and inference does not require special knowledge, skill, experience or training within the scope of section 90.702.” Charles W....

...adjudicatory hearing. Jaggers v. State, 536 So.2d 321 (Fla. 2d DCA 1988); I.T. v. Department of Health & Rehabilitative Servs., 532 So.2d 1085 (Fla. 3d DCA 1988); State v. R.R., 476 So.2d 218 (Fla. 3d DCA 1985), aff'd, 502 So.2d 1244 (Fla.1987); § 90.702, Fla.Stat....

...924.051(1)(b), Fla. Stat. (2015))); see also Philip Morris USA Inc. v. Gore, 238 So. 3d 828, 830 (Fla. 4th DCA 2018) (finding Daubert issue not preserved where appellant failed to make a contemporaneous objection and there were no references to Daubert or section 90.702, Florida Statutes, at trial). 1Daubert v....

...ome to the jury. [2] We agree that the trial court properly exercised its discretion by concluding that Wilson's experience was insufficient to enable her to "assist the trier of fact in understanding the evidence or in determining a fact in issue." § 90.702, Fla....

experience, training, or education in a subject matter. § 90.702, Fla. Stat. (2017). The state concedes that

existence and cause of an opening in the roof. Section 90.702, Florida Statutes (2017), which codifies the

...But even if Daubert applies, he argues the circuit court need not have assessed the reliability of his expert’s testimony given the trial court’s relaxed “gatekeeping” function in bench trials. We agree with Philip Morris that Daubert applies to expert testimony on attorney’s fees, as the plain language of section 90.702, Florida Statutes (2019), does not offer any basis to decide otherwise. Furthermore, the United States Supreme Court addressed this exact issue in Kumho Tire Co., Ltd....

...bert2 standards as to the admissibility of scientific evidence, Florida’s trial courts have now been provided 1 Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993). 2Effective July 1, 2013, the Florida Legislature amended section 90.702, Florida Statutes, replacing the previously adopted “general acceptance test” for admitting expert opinion evidence described in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), with the standards set forth in Daubert for the admissibility of scientific evidence. Section 90.702 provides that: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified...

...n sufficient facts or data; (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. § 90.702, Fla....

...Royal Saxon, Inc., 720 So. 2d 214, 215 (Fla. 1998)). We decline Rhoades’s invitation to recede from Bill Kasper. Moreover, subsequent to Rhoades filing his petition, the Florida Supreme Court has declined to adopt the “Daubert amendment” to section 90.702, to the extent that it is procedural, due to constitutional concerns that the court determined must be addressed in the context of a proper case or controversy (as opposed to a “rules case”)....

...argues that the trial court erred in admitting the testimony of the arresting officer identifying the plant material and pipe seized from R.C.'s book bag as marijuana and drug paraphernalia because the State failed to satisfy the recently adopted Daubert 1 standard for the admissibility of expert testimony as stated in section 90.702, Florida Statutes (2014) (codifying Daubert)....

...g sufficient training and experience to detect cannabis." In support of this motion, defense counsel argued, among other things, that the State would be unable to satisfy the Daubert standard for the admissibility of expert testimony, codified in section 90.702, effective July 1, 2013, with regard to the testimony of the deputy identifying the substance found in R.C.'s book bag. The trial court considered the motion in limine at the adjudicatory hearing. The deputy testified...

...-4- on probation for six months on the charge of possession of marijuana. With regard to the paraphernalia charge, the trial court administered a judicial warning. This appeal followed. III. DAUBERT AND SECTION 90.702 In 2013, the legislature amended section 90.702 with the intention of adopting "the standards for expert testimony in the courts of this state as provided in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), General Electric Co. v. Joiner, 522 U.S. 136 (1997), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999)." Ch. 2013-107, § 1, at 1462, Laws of Fla. (Preamble to § 90.702). The legislature also expressed its intention that the standard in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), would no longer apply in the Florida courts. Id. By amending section 90.702, the legislature further intended to prohibit the use in the Florida courts of pure opinion testimony as provided in Marsh v....

...testimony," i.e., testimony based only on the personal experience and training of the expert, is no longer admissible. Booker v. Sumter Cty. Sheriff's Office/N. Am. Risk Servs., 166 So. 3d 189, 192 (Fla. 1st DCA 2015). As amended, section 90.702 provides as follows: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness q...

... (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. The effective date of the amendment to section 90.702 is July 1, 2013....

...scientific technique under consideration; and (4) whether the scientific theory or technique has achieved general acceptance in the relevant scientific community. Id. at 593-94. 2We recognize that the Florida Supreme Court has not adopted the amendment to section 90.702 rejecting the Frye standard in favor of Daubert as a rule of procedure....

...Indeed, R.C.'s trial counsel argued that despite the deputy's testimony about his training and experience, the number of drug cases that he had investigated, and his personal experiences with marijuana, he was not qualified to offer an opinion under section 90.702....

...unsupported by any field testing or laboratory findings. On appeal, R.C. argues that the deputy's testimony was inadmissible for two reasons. First, the testimony amounted to "pure opinion" testimony that is now inadmissible under Daubert as codified in section 90.702....

...liably applied to the facts of the case for his testimony to be admissible. Stated differently, R.C. argued that because law enforcement officers cannot reliably depend upon their sensory organs to detect marijuana, the codification of Daubert in section 90.702 prohibits the use of their -7- pure opinion testimony—rooted in their training and experience—in identifying an unknown substance as marijuana....

...V. DISCUSSION We think that the trial court correctly ruled that the deputy's identification of the substance found in R.C.'s book bag as marijuana was admissible in evidence. Before the 2013 amendment to section 90.702, the identification of marijuana by nonscientific means was a settled issue in the Florida courts....

...The ¡trial court denied :the motion. We conclude that the detective was not qualified to offer this opinion and that it was inadmissible in any event. - An expert may offer an opinion when qualified “by knowledge, skill, experience, training, or education.” § 90.702, Fla....

Alchemy). . § 90.705(1), Fla. Stat. (2009). . § 90.702, Fla. Stat. (2009) ("If scientific, technical

509 U.S. 579 (1993), which was adopted when section 90.702, Florida Statutes, was amended in 2013. Ch

...We review a trial court's decision to admit or exclude expert testimony under the abuse of discretion standard. Angrand v. Key, 657 So.2d 1146, 1148 (Fla. 1995). The intent of the evidence code is to admit expert testimony if it will assist the jury in determining a fact issue. § 90.702, Fla....

...testimony as set forth in the disclosure that guides our determination. See id. Expert witnesses are those whose “scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue.” See § 90.702, Fla. Stat. (2022). Testimony presented by a treating physician “blurs the boundary between fact testimony and expert testimony” because treating physicians, like retained experts, possess the expert knowledge contemplated by section 90.702 and that knowledge informs the treating physician’s testimony.” Gutierrez v....

...The court granted a downward departure and sentenced appellant to five consecutive terms of six years in prison, for a total of 30 years in prison. Analysis On appeal, appellant argues that Dooley’s testimony did not meet the requirements of section 90.702, Florida Statutes, and Daubert....

...concerning the standard governing the admission of expert testimony in Florida. Accordingly, we briefly explain why Daubert applies to this appeal. Before appellant’s trial in 2015, the legislature had adopted Daubert as the standard for the admission of expert testimony. See § 90.702, Fla. Stat. (2013) (incorporating Daubert standard into Florida Rules of Evidence); Ch. 2013-107, Laws of Fla., eff. July 1, 2013 (the “Daubert” Amendment). At the time of trial, the amended version of section 90.702 had not been declared unconstitutional....

...’s rulemaking authority, see DeLisle v. Crane Co., 258 So. 3d 1219 (Fla. 2018), neither party challenged the constitutionality of the Daubert amendment below. Because the parties never challenged the constitutionality of the amended version of section 90.702 below, the statute was presumed constitutional and the trial court was required to give effect to it when the case was tried. See Mallory v. State, 866 So. 2d 127, 128 (Fla. 4th DCA 2004). Indeed, at the time of trial, the trial court was bound by case law holding that the Daubert amendment to section 90.702 applied to pending cases. See Perez v. Bell S. Telecomm., Inc., 138 So. 3d 492, 498 (Fla. 3d DCA 2014) (holding that the 2013 revision to section 90.702 should be applied retrospectively to pending cases); see also Pardo v....

...1992) (explaining that “in the absence of interdistrict conflict, district court decisions bind all Florida trial courts”). 8  Within a few months after the DeLisle decision, the Florida Supreme Court adopted “the amendments to sections 90.702 and 90.704 of the Florida Evidence Code made by chapter 2013-107, sections 1 and 2.” In re Amends. to Fla. Evidence Code, SC19-107, 2019 WL 2219714, at *3 (Fla. May 23, 2019). The Court adopted “the amendments to section 90.702 as procedural rules of evidence” effective immediately upon the release of its opinion....

...4th DCA 2015) (quoting Hendeles v. Sanford Auto Auction, Inc., 364 So. 2d 467, 468 (Fla. 1978)). Although the Daubert amendment may have suffered from a latent constitutional infirmity at the time of trial, the parties never raised any constitutional challenge below to section 90.702....

...Furthermore, as an appellate court, we are required to follow the law in effect at the time of our decision. Therefore, because the Florida Supreme Court’s adoption of the Daubert amendment has eliminated the constitutional defect identified in DeLisle, we apply the requirements of Daubert and section 90.702 to this appeal. B. The Trial Court Abused its Discretion in Admitting the Expert’s Opinion Under Daubert Turning to the merits, we review the trial court’s ruling on the admissibility of expert testimony under section 90.702 for an abuse of discretion. Booker v. Sumter Cnty. Sheriff’s Office, 166 So. 3d 189, 194 n.2 (Fla. 1st DCA 2015). Section 90.702, Florida Statutes, codifies the Daubert standard as follows: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a w...

...t facts or data; 9  (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. § 90.702, Fla....

...testimony. This case comes down to the singular issue of the admissibility of Corporal Dooley’s testimony in light of the statutory codification of Daubert. The Legislature exercised its prerogative to amend the Florida Evidence Code by adopting section 90.702 as follows: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledg...

... (1) The testimony is based upon sufficient facts or data; (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. § 90.702, Fla....

...answers to the numerous questions asked of him by the defendant, the state, and the trial court, it simply cannot be held that his expert braking testimony was based upon legally sufficient facts or data that met the reliability and admissibility requirements of section 90.702. And although the state made a determined effort to render Corporal Dooley a braking expert, the principles and methodologies that formed the basis of Corporal Dooley’s area of braking expertise did not fall within the ambit of section 90.702. While the trial court took painstaking steps to ensure a fair trial, we must nevertheless find that reversible error occurred....

...The gravity of our ruling does not escape us. MAY, J., dissenting. 16  I respectfully dissent. The trial court did not abuse its discretion in admitting the opinion of the accident reconstructionist under section 90.702, Florida Statutes (2014). I would affirm. Section 90.702 provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, s...

...likely; but he could not say whether such safeguards were used in - 22 - this case, because he had not seen all the video footage of Herard’s police interviews. The admission of expert testimony is governed by section 90.702, Florida Statutes (2014). Among other requirements, the proposed testimony must be “the product of reliable principles and methods,” and it must be the case that “[t]he witness has applied the principles and methods reliably to the facts of the case.” § 90.702(2)-(3), Fla....

...excluded Lang’s affidavit because it was competent evidence under Daubert. As this Court recently held, “the Daubert standard does not prohibit . . . expert opinion testimony based on experience.” Progressive Rehab., 2021 WL 3072936, at *3. Indeed, the plain text of section 90.702, Florida Statutes, provides that experts may be qualified by “knowledge, skill, experience, training, or education.” § 90.702, Fla....

...Ipser’s Delta-v Testimony Before trial, plaintiff moved to strike or limit the testimony of Dr. Ipser, alleging, in pertinent part, that his opinions concerning delta-v (the change in velocity of the cars on impact) were inadmissible as being, scientifically unreliable, irrelevant, and overly prejudicial under sections 90.702 and 90.403, Florida Statutes (2013)....

...During closing arguments, defense counsel referred to Dr. Ipser’s testimony to argue that “this was not the type of accident that the plaintiff wants you to believe it is” and that “the speed and velocity of [the] impact was minor.” According to section 90.702, Florida Statutes (2014): If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, exp...

...EVANDER, BERGER and WALLIS, JJ., concur. . The specific issue presented on appeal is whether the presumptive field test conducted by law enforcement met the standard set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993). See § 90.702, Fla....

...judgment in favor of the Clinic in the amount of $1,275.26. This timely appeal followed. 3 2 The Florida Supreme Court adopted the Daubert standard for expert opinion testimony in In re Amendments to Florida Evidence Code, 278 So. 3d 551 (Fla. 2019). See also § 90.702, Fla....

...6 But to the extent there is any overlap with the Daubert standard and the lower court’s conclusion that Ms. Johnson’s affidavit was purely speculative, 7 we write to explain that the Daubert standard does not prohibit, as the Clinic suggests, expert opinion testimony based on experience. Section 90.702, which codifies the Daubert standard, provides as follows: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a f...

...and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. Nothing in the rule prohibits expert opinion testimony based on experience. Indeed, the plain language of section 90.702 permits an expert to be qualified by “knowledge, skill, experience, training, or education ....

...Schoenthal Family, LLC, 555 F.3d 1331, 1338 (11th Cir. 2009) (“The beneficiaries argue that Skipper's testimony is unreliable because ‘[e]xperience alone . . . can never form the basis for expert testimony,' but this argument fails.”). One of the stated purposes for amending section 90.702 is as follows: “the Florida Legislature intends to prohibit in the courts of this state pure opinion testimony as provided in Marsh v....

...It simply brought Florida in line with the federal Daubert standard, which requires all expert testimony, including experience-based testimony, to satisfy Daubert’s reliability inquiry. See Ch. 2013–107, Laws of Fla. (“An act relating to expert testimony; amending s. 90.702, F.S.; providing that a witness qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion as to the facts at issue in a case under certain circumstances; requiring the courts of...

would qualify to testify to the results under section 90.702, Florida Statutes”). Likewise, we generally

...Zuckerman (Hollywood), for appellee. Before LOGUE, C.J., and SCALES and LOBREE, JJ. PER CURIAM.  Affirmed. See Booker v. Sumter Cnty. Sheriff’s Office/N. Am. Risk Servs., 166 So. 3d 189, 194 (Fla. 1st DCA 2015) (“The Daubert[1] test as codified in section 90.702 requires (1) that the testimony be based on ‘sufficient facts or data’; (2) that it be a ‘product of reliable principles and methods’; and (3) that the expert ‘applied the principles and methods reliable to the facts of the case.’”); Kemp v....

erred in applying the Daubert1 test codified in section 90.702, Florida Statutes, because that test is not

...We review the trial court's determination of whether a witness may testify as an expert for abuse of discretion. See Doctors Co. v. Dep't of Ins., 940 So.2d 466, 469 (Fla. 1st DCA 2006). Expert testimony may be admitted on an issue if technical or specialized knowledge will assist the jury in determining an issue of fact. § 90.702, Fla. Stat. (2007). A witness must have sufficient knowledge, skill, experience, training, or education regarding the evidence being introduced at trial to testify as an expert. § 90.702....

...There the expert interviewed the assailants and, in testifying, recited their explanation of the plan and motive for committing the crime. The Smithson court stated: The purpose of expert testimony is to “assist the trier of fact in understanding the evidence, or in determining a fact issue ...,” § 90.702, Fla....

comment 1 and substitute: 1. Expert witness. See § 90.702, Fla. Stat. (1985), and Shaw v. Puleo, 159 So

...In any event, MacNab never discussed content analysis or offered an opinion during her penalty phase testimony. - 27 - admissible” in the wake of the Legislature’s “Daubert amendment[s].” See ch. 2013-107, Laws of Fla. (“WHEREAS, by amending s. 90.702, Florida Statutes, the Florida Legislature intends to prohibit in the courts of this state pure opinion testimony as provided in Marsh v....

...inadmissible in the wake of the Daubert amendments and this Court’s adoption of “the Daubert standard . . . for expert testimony found in Federal Rule of Evidence 702,” In re Amends. to Fla. Evidence Code, 278 So. 3d at 551-52 (footnote omitted), we disagree. Section 90.702, Florida Statutes, amended as part of the Daubert amendments, expressly contemplates that an expert may testify without offering an opinion. § 90.702, Fla....

...nt, lecture and consult with various organizations, such as the Federal Bureau of Investigation (FBI), Department of Homeland Security (DHS), Department of Justice (DOJ) and local law enforcement agencies.” We find no abuse of discretion. Section 90.702 permits a trial court to qualify an expert witness based on “knowledge, skill, experience, training, or education.” (Emphasis added.) MacNab’s extensive “knowledge” and “experience”—acquired over twenty years—supports the trial court’s decision....

...or experience required is minimal.” (citing Bell v. State, 179 So. 3d 349, 357 (Fla. 5th DCA 2015))). To the extent Miller asks us to hold that any expert—in anti-government extremism or otherwise—must possess certain academic credentials or study, we decline to rewrite section 90.702....

...late court’s decision rather than the law in effect at the time the judgment appealed was rendered’”(alteration in original) (quoting Kemp, 280 So. 3d at 88)). 8  The Daubert standard is codified under section 90.702, Florida Statutes, which provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an exp...

...(1) The testimony is based upon sufficient facts or data; (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. § 90.702, Fla....

...At trial, Isaac did not make any contemporaneous objection to the cellphone expert’s 7 Isaac raised this same claim in his motion for arrest of judgment discussed, supra, in section II. B. 11 qualifications under Daubert or section 90.702 of the Florida Statutes; therefore, the issue was not preserved for appellate review....

...original price, or other details of the property—such as when the victim receives the property as a gift—the expert will have a difficult time establishing his or her competency and reliability to opine as to the property’s value, as required by section 90.702, Florida Statutes....

...to have caused an unjust result for the victim, because she and the state appear to have no other means by which to prove the restitution amount.”). 39 See infra note 48 and accompanying text. 40 Phillips, 141 So. 3d at 706. 41 Id.; see FLA. STAT. § 90.702 (2014) (“[A] witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion or otherwise, if: (1) The testimony is based upon sufficient facts or data; (2) The testim...

Jordan’s expert testimony was admissible under section 90.702, Florida Statutes (1993). Although Burgess

Evidence Code. First, the Legislature amended section 90.702 to mirror Federal Rule of Evidence 702 as

...e in a pre-trial motion in limine, the trial court deferred ruling on it until trial. At trial, however, the defendants never made any contemporaneous objection raising the specific argument that Dr. Proctor’s ammonia testimony violated Daubert or section 90.702, Florida Statutes. Indeed, there are no references by the defendants to “Daubert” or “section 90.702” anywhere in the trial transcript....

...ted in a level of 57 percent.” This record demonstrates that Dr. Weaver’s testimony was “the product of reliable principles and methods[,]” and that those principles and methods were applied “reliably to the facts of the case.” § 90.702, Fla....

...re it was safe to enter. Based on this record, it is evident that Galatsis’ opinions were “the product of reliable principles and methods[,]” and that those principles and methods were applied “reliably to the facts of the case.” § 90.702, Fla....

...ufficient familiarity and understanding of cell phone analysis and mapping to be able to testify to the output of the computer-generated cell site map. We agree. We consider a trial court’s ruling on the admissibility of expert testimony under section 90.702, Florida Statutes (2019), under the abuse of discretion standard of review. Kemp v. State, 280 So. 3d 81, 88 (Fla. 4th DCA 2019). 3  Section 90.702, Florida Statutes, codifies the Daubert standard as follows: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a w...

...detective, factually compared the locations on the phone records to locations on the cell site maps. Id. In Perez, the Third District found that testimony of records custodians from cell phone companies did not constitute expert testimony under section 90.702 and therefore was properly admitted....

...respiratory tract infections with bronchospasm. But the Legislature has adopted 8 the Daubert standard for the admissibility of expert testimony. See Giaimo v. Fla. Autosport, Inc., 154 So. 3d 385, 387–88 (Fla. 1st DCA 2014). As amended, section 90.702 provides: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an...

...the form of an opinion or otherwise, if: (1) The testimony is based upon sufficient facts or data; 8 Appellant does not argue that chapter 13-107, section 1, Laws of Florida, in amending section 90.702, Florida Statutes (2014), effected a change in procedure that must be adopted by the Florida Supreme Court....

...Prac., Florida Evidence § 702.3 (2014 ed.)). 10  (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. § 90.702, Fla. Stat. (2014). By amending section 90.702, the Legislature signaled its intent “to tighten the rules for admissibility of expert testimony,” Perez v....

...a sufficient basis for the opinion and how that experience is reliably applied to the facts.” (citing Am. Gen. Life Ins. Co. v. Schoenthal Family, LLC, 555 F.3d 1331 (11th Cir. 2009), and Primiano v. Cook, 598 F.3d 558 (9th Cir. 2010))). Under section 90.702, as amended, while the expert’s qualifications may well remain germane, an expert witness must explain the logic and relevance of the expert opinion. In the present case, Dr....

...Hillsborough County Fire Rescue, and then to Tampa Fire Department, Rescue Division 9), as one salient “reliable principle[]” EMS’s own protocol requiring transport to a hospital in the event an infant was experiencing respiratory distress. § 90.702(2), Fla....

...Perez, 138 So. 3d at 499. On the contrary, the record makes clear that Dr. Tulsiak’s testimony was “the product of reliable principles and methods,” and that those principles and methods were applied “reliably to the facts of the case.” § 90.702, Fla....

...rt him for medical care as required by its published protocol. I do not, however, join the majority opinion’s inapplicable Frye-based discussion, nor its suggestion in a footnote that a constitutional challenge to the Daubert standard in § 90.702, Florida Statutes, might have netted a Frye-based analysis. Neither party argued that the Frye test applied here. And even if they had, our court’s decisions have correctly required the 2013 modifications to § 90.702 to be applied to ascertain the admissibility of expert opinion....

...discretion standard. See United Auto. Ins. Co. v. Cent. Therapy Ctr., 325 So. 3d 252, 255 (Fla. 3d DCA 2021). 5 work was flawed, and how Loomis’s testimony allegedly did not satisfy any of the three prongs of section 90.702 of the Florida Statutes.6 The trial court granted Arias’s motion, determining that Loomis did not meet the Daubert standard for expert testimony....

...Loomis conducted a detailed, on-site inspection; gathered additional information; and applied his engineering experience and training by conducting moisture readings, by making observations about long-term versus short-term water damage to the home, and by applying 6 Section 90.702 provides as follows: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by k...

...(1) The testimony is based upon sufficient facts or data; (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. § 90.702, Fla....

...The trial court overruled the objection, and the admission of their testimony is alleged to be error. The state’s psychologists did not testify as to matters beyond their expertise, and the trial court did not, accordingly, abuse its discretion in allowing them to testify. § 90.702, Fla....

for admissibility required by Florida Statute Section 90.702." During the hearing on the motions in limine

for admissibility required by Florida Statute Section 90.702.” During the hearing on the motions in

for admissibility required by Florida Statute Section 90.702." During the hearing on the motions in limine

...are substantially similar to those developed in the criminal trial. 11 We review a trial court’s admission of expert testimony for abuse of discretion. Medina v. State, 260 So. 3d 419, 422 (Fla. 3d DCA 2018). 23 drug. See § 90.702, Fla....

...the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), which replaced the Frye standard. Ch. 2013-107, at 1461-63, Laws of Fla. Specifically, consistent with Daubert , section 90.702, Florida Statutes (2013), was amended to provide: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert...

...he witness has applied the principles and methods reliably to the facts of the case. Accordingly, we reverse and remand for a new trial after the trial court has determined the admissibility of the PPG evidence under the Daubert standard codified by section 90.702....

used to show diminished earning capacity. See § 90.702, Fla.Stat. (1985); Gibson v. Metropolitan Life

...2014). B. “If scientific, technical, or other specialized knowledge will assist the trier of fact . . . a witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion.” § 90.702, Fla....

...If the parties have agreed on the need for a social investigation or the court has determined there is such need, and the parties cannot agree on the selection, the court shall select and appoint an investigator. The social investigator must be qualified as an expert under section 90.702, Florida Statutes, to testify regarding the written study....

...If the parties have agreed on the need for a social investigation or the court has determined there is such need, and the parties cannot agree on the selection, the court shall select and appoint an investigator. The social investigator must be qualified as an expert under section 90.702, Florida Statutes, to testify regarding the written study. (c) Order for Social Investigation....

prevailing party and against the losing party. Section 90.702, Florida Statutes, provides: "If scientific

...Although we believe the trial court erred in admitting an arrest affidavit into evidence, we do not believe such error prejudiced the rights of appellant since the affidavit was cumulative and duplicative of other evidence properly admitted. We find no error in the admission of opinion evidence by the arresting officer. See § 90.702, Fla.Stat....

...As noted, the trial court’s striking of Fertil’s causation expert provided one of three grounds underpinning the trial court’s final summary judgment that Fertil timely appealed. II. Analysis A. Daubert and our Standard of Review In 2013, the Florida Legislature codified Daubert in section 90.702 of Florida’s Evidence Code....

...For an expert witness’s testimony to be admissible, the testimony must: (i) be “based upon sufficient facts or data”; (ii) be “the product of reliable principles and methods”; and (iii) apply those “principles and methods reliably to the facts of the case.” § 90.702, Fla....

...2020) (finding unreliable a doctor’s testimony on medical causation where the doctor failed to review the patient’s prior treatment records, noting that “[r]elevant expert testimony is admissible only if an expert knows of facts which enable him to express a 3 See § 90.702, Fla....

...consecutive terms of six years in prison, for a total of 30 years. From his conviction and sentence, the defendant now appeals. The defendant first argues the trial court erred by admitting Dooley’s braking opinion, because it did not meet the requirements of section 90.702, Florida Statutes (2015), and Daubert....

...Supreme Court’s refusal to adopt the amendment “to the extent it is procedural,” where the relevant party did not raise the constitutionality of the statute). We review a trial court’s ruling on the admissibility of expert testimony under section 90.702 for an abuse of discretion....

...The Court advised however that the “test of reliability is flexible, and Daubert’s list of specific factors neither necessarily nor exclusively applies to all experts or in every case.” Kumho Tire, 526 U.S. at 141 (internal quotation marks omitted). Section 90.702, Florida Statutes, provides that expert testimony is admissible if: (1) The testimony is based upon sufficient facts or data; (2) The testimony is the product of reliable principles and methods; and (3) T...

...in this case. In Florida, since 2013, we have applied the standards for expert testimony in our courts as provided in Daubert. See Crane Co. v. DeLisle, 206 So. 3d 94, 101 (Fla. 4th DCA 2016), rev. granted, No. SC16–2182 (Fla. July 11, 2017). Section 90.702 codifies the standard as follows: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expe...

... (1) The testimony is based upon sufficient facts or data; (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. § 90.702, Fla....

...ons based on improper predicate and improper foundation, [and] lack of evidence of actual mold exposure.” At the conclusion of cross- examination, the E/C placed a general objection on the record challenging the doctor’s expertise “under . . . section 90.702.” The E/C also objected to the doctor’s reliance on the co-worker’s medical records as hearsay. Approximately a month before the final hearing, the E/C unsuccessfully moved to strike Dr....

...ed in denying her request for medical treatment. Even though Claimant argues the JCC erred on multiple counts, we address only the overarching argument that the JCC erred in determining he was not required to address Claimant’s challenge, based on section 90.702, Florida Statutes, as amended July 1, 2013, regarding the admissibility of the expert opinion of the Employer’s independent medical examiner, Dr....

...1st DCA 1993). See also U.S. Sugar Corp. v. Henson, 823 So.2d 104, 107 (Fla.2002) (“First, the Florida Evidence Code applies in workers’ compensation proceedings.”) (citing Alford, 621 So.2d at 1382 ). Effective July 1, 2013, the Legislature amended section 90.702 of the evidence code and adopted the admissibility test first described in Daubert v....

...Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), commonly referred to as the Daubert test. Accordingly, we held in Giaimo v. Florida Autosport, Inc., 154 So.3d 385, 387 (Fla. 1st DCA 2014), that the 2013 modifications to section 90.702 must be applied to ascertain the admissibility of a treating neurosurgeon’s expert opinion on apportionment....

...Here, however, the trial court should not have excluded Dr. Wilson’s testimony. The subject matter of the testimony, which is beyond the common understanding of *931 the jury, would have aided the fact-finder in resolving disputed issues, and the expert was qualified to opine on the matter. § 90.702, Fla....

...Gibbs v. State, 604 So. 2d 544, 546 (Fla. 1st DCA 1992) (citing Johnson v. State, 593 So. 2d 206 (Fla. 1992)) (emphasis added). Appellant argues that Officer Michener was a lay witness not qualified to give specialized opinion testimony under section 90.702, Florida Statutes, and Daubert v....

...M & E moved to strike the doctor’s affidavit arguing Dr. Dauer’s opinion was pure opinion testimony based primarily on speculation and conjecture and failed to meet 2 the Daubert1 test for admissibility under section 90.702 Florida Statutes (2020). The trial court heard the motions, struck Dr....

...d the reasonableness of charges as a matter of law and the conflicting affidavit was legally insufficient to create a genuine issue of material fact. The court concluded that Dr. Dauer’s affidavit did not satisfy the Daubert requirements under section 90.702 as it was largely based on personal opinion and lacked any scientifically verifiable methodology. LEGAL ANALYSIS We review an order granting summary judgment de novo....

.... . expert opinion testimony based on experience.” United Auto. Ins. Co. v. Cent. Therapy Ctr., Inc., No. 3D21-58, 2021 WL 3177319, at *3 (Fla. 3d DCA July 28, 2021) (quoting Progressive Rehab., 2021 WL 3072936, at *3). “[T]he plain text of section 90.702, Florida Statutes, provides that experts may be qualified by ‘knowledge, skill, experience, training, or education.’” Id. (quoting § 90.702, Fla....

...communities. Dr. Dauer opined, after reviewing the medical records for care provided to the insured, Omar Pinelo, by M & E in connection with the accident, that the contested charges were not reasonable. We find that Dr. Dauer’s opinion satisfies section 90.702 and is not pure opinion testimony based on speculation or conjecture....

...this case 9 and his own inspection of the property. See, e.g., United Auto. Ins. Co. v. Progressive Rehab. & Orthopedic Servs., LLC, No. 3D21-0108, 2021 WL 3072936, at *4 (Fla. 3d DCA July 21, 2021) (citing § 90.702, Fla....

...of Taylor Elevator and remand to the trial court for further proceedings consistent with this opinion. Reversed and remanded. 3 The trial court did not fully assess Dr. Benedict's affidavit under the Daubert standard. See § 90.702, Fla....

...armless error. Lead Detective served as a lay witness because the State did not lay a foundation with qualifying information about his professional background in knowledge, skill, experience, training, or education to admit him as an expert. See § 90.702, Fla....

...an adverse ruling. Appellee argues the issue was not preserved because Appellants did not expressly request a Frye hearing. A party may preserve a Frye challenge by making a specific objection at trial. Thus, generally objecting to the expert under section 90.702, Florida Statutes, is insufficient....

...charged for the same services. State Farm does not establish any departure from the essential requirements of law on this point. State Farm also challenges the county court’s rejection of the actuary’s affidavit for not meeting the standard required by section 90.702, Florida Statutes (2014), for testimony by experts....

...4th DCA 2015), reh’g denied (Mar. 3, 2015), review denied, 177 So. 3d 1263 (Fla. 2015) (quoting Carriage Hills Condo., Inc. v. JBH Roofing & Constructors, Inc., 109 So. 3d 329, 334 n.1 (Fla. 4th DCA) rev. dismissed, 130 So. 3d 692 (Fla. 2013)). Section 90.702: Expert Opinion Testimony The parties focused primarily on Section 90.702, which sets forth admissibility requirements for expert opinion testimony. In 2013, the Florida Legislature amended Section 90.702 to pattern it after Rule 702 of the Federal 6 Rules of Evidence. Ch. 2013-107, Laws of Fla. As amended, Section 90.702, Florida Statutes, reads as follows: 90.702 Testimony by experts If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an...

...t of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. (amendments in bold). One of the Legislature’s stated purposes in amending Section 90.702 was “to adopt the standards for expert testimony in the courts of this state as provided in Daubert v....

...Joiner, 522 U.S. 136 (1997), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), and to no longer apply the standard in Frye v. United States, 293 F.2d 1013 (D.C. Cir 1923) in the courts of this state.” Ch. 2013-107, Laws of Fla. (Preamble to § 90.702)....

...R. Evid. 701 (emphasis added). With this in mind, the question is not whether the opinion requires specialized knowledge, as all opinion testimony does, but whether the specialized knowledge is sufficiently specialized to fall within the scope of Section 90.702....

...This is because “[s]uch testimony is not based on specialized knowledge within the scope of Rule 702, but rather is based upon a layperson’s personal knowledge.” Id.; see also § 90.604, Fla. Stat. (“Except as 10 otherwise provided in s. 90.702, a witness may not testify to a matter unless evidence is introduced which is sufficient to support a finding that the witness has personal knowledge of the matter.”) Similarly, Professor Imwinkelried (who is cited several times by the...

Pharmaceuticals, Inc., 509 U.S. 579 (1993), and section 90.702 of the Florida Statutes, the trial

...report) prepared by Lt. Howard, as well as criminal incident reports involving the Park and surrounding area. The County moved to strike Lt. Howard’s testimony on various grounds, including the asserted non-compliance with section 90.702, Florida Statutes (2014), and Daubert v....

...ient facts or data; 6  (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. § 90.702, Fla. Stat. (2017); accord Daubert, 509 U.S. at 579. As to the first prong under section 90.702, the court found that the testimony of the dog handlers was based upon sufficient facts or data. Officer Strickland, who worked with canine Jewel for over six years, was trained in Jewel’s alert behavior and maintained her records and certifications....

...Booker v. Sumter Cty. Sheriff’s Office/N. Am. Risk Servs., 166 So. 3d 189, 192 (Fla. 1st DCA 2015). However, “that discretion is limited by the rules of evidence.” Michael v. State, 884 So. 2d 83, 84 (Fla. 2d DCA 2004). A. Admissibility under section 90.702 Section 90.702, Florida Statutes codifies the Daubert standard found in Federal Rule of Evidence 702 and governs the admissibility of expert testimony....

...the rules of evidence and the applicable case law.” Horwitz v. State, 189 So. 3d 800, 802 (Fla. 4th DCA 2015). To be admissible, expert testimony must “assist the trier of fact in understanding the evidence or in determining a fact in issue.” § 90.702, Fla....

...icient facts or data; (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. 6 § 90.702, Fla. Stat. (2017); accord Daubert, 509 U.S. at 579. As to the first prong under section 90.702, the court found that the testimony of the dog handlers was based upon sufficient facts or data. Officer Strickland, who worked with canine Jewel for over six years, was trained in Jewel’s alert behavior and maintained her records and certifications....

...Booker v. Sumter Cty. Sheriff’s Office/N. Am. Risk Servs., 166 So. 3d 189, 192 (Fla. 1st DCA 2015). However, “that discretion is limited by the rules of evidence.” Michael v. State, 884 So. 2d 83, 84 (Fla. 2d DCA 2004). A. Admissibility under section 90.702 Section 90.702, Florida Statutes codifies the Daubert standard found in Federal Rule of Evidence 702 and governs the admissibility of expert testimony....

...the rules of evidence and the applicable case law.” Horwitz v. State, 189 So. 3d 800, 802 (Fla. 4th DCA 2015). To be admissible, expert testimony must “assist the trier of fact in understanding the evidence or in determining a fact in issue.” § 90.702, Fla....

...ed to testify regarding the costs associated with the surgery.4 To qualify as an expert, the witness must have the requisite knowledge, skill, experience, training, or education on the subject about which the witness is called to testify. § 90.702, Fla....

...(1) The testimony is based upon sufficient facts or data; (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. § 90.702, Fla....

...methodology and grounded in the available physical evidence”); Baan v. Columbia Cnty., 180 So. 3d 1127, 1133 (Fla. 1st DCA 2015).6 Focusing not on what Salleh opined, but, rather, on what Salleh did, we conclude that Salleh’s expert testimony satisfied the three prongs of section 90.702 (see footnote 4, supra), and that Chen established, by a preponderance of the evidence, an adequate basis for the admissibility of Salleh’s testimony....