The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . establishing his or her competency and reliability to opine as to the property's value, as required by section 90.702 . . . Stat. § 90.702 (2014) ("[A] witness qualified as an expert by knowledge, skill, experience, training, . . .
. . . Although the legislature amended sections 90.702 and 90.704, Florida Statutes (2013), to replace the . . .
. . . that the testimony does not pass the threshold for admissibility required by Florida Statute Section 90.702 . . . After hearing the parties' arguments, the trial court, in analyzing the issue pursuant to section 90.702 . . . The trial court assessed this evidentiary issue below pursuant to section 90.702, Florida Statutes. . . . court and the Fourth District analyzed the admission of expert testimony in the case under section 90.702 . . .
. . . 3D17-2704) The plaintiffs contend that the trial court erred in, among other things, applying section 90.702 . . . The plaintiffs are correct that the constitutionality of section 90.702, an issue in contention at the . . . the appropriate test in Florida courts," 258 So.3d at 1229, concluding that the amendment to section 90.702 . . . not abuse its discretion in excluding Bell's proffered testimony, whether under Daubert and section 90.702 . . .
. . . witnesses were deposed, Ring Power filed a motion to strike the experts' testimony pursuant to section 90.702 . . . or education " in order to testify about "scientific, technical, or other specialized knowledge." § 90.702 . . . October 15, 2018), holding that section 90.702, as amended in 2013, is procedural and not substantive . . .
. . . E/C placed a general objection on the record challenging the doctor's expertise "under ... section 90.702 . . .
. . . Merrell Dow Pharm., Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), and section 90.702, Florida . . . October 15, 2018), holding that section 90.702, as amended in 2013, is procedural and not substantive . . .
. . . ." § 90.702, Fla. Stat. (2016). Cf. Gyongyosi v. . . .
. . . , 206 So.3d 94 (Fla. 4th DCA 2016) -which applies the Daubert standard codified in revised section 90.702 . . . of law" as the question addressed in DeLisle , which was controlled by and applied amended section 90.702 . . . The constitutionality of amended section 90.702 is unquestionably an important issue that is worthy of . . . DeLisle had made an argument to the district court challenging the constitutionality of amended section 90.702 . . . Appellees challenged each expert's opinions under section 90.702, Florida Statutes, which adopted the . . . Following our repeated affirmations of the Frye rule, in 2013 the Legislature amended section 90.702 . . . The amendment revised the statute to read as follows: 90.702 Testimony by experts. . . . . § 90.702, Fla. Stat. (as amended by ch. 2013-107, § 1, Laws of Fla.). . . . Section 90.702, Florida Statutes, as amended in 2013, is not substantive. . . . reinstatement of the final judgment and its conclusion that the 2013 legislative amendments to section 90.702 . . . guided by the rules of evidence, which require that the expert testimony "assist the trier of fact." § 90.702 . . .
. . . ." § 90.702, Fla. Stat. (2017). . . .
. . . All other areas are governed by section 90.702, Florida Statutes (2018), entitled "Testimony by experts . . .
. . . Officer Michener was a lay witness not qualified to give specialized opinion testimony under section 90.702 . . .
. . . Pharmaceuticals, Inc. , 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), which was adopted when section 90.702 . . .
. . . by the prosecuting attorney, as this expert testimony was not pure opinion testimony under section 90.702 . . . testimony is based only on clinical experience and training; in contrast, the cornerstone of section 90.702 . . . Section 90.702, Florida Statutes, requires that to admit expert testimony involving "scientific, technical . . .
. . . Who constitutes an expert witness may be derived from section 90.702, Florida Statutes (2016): If scientific . . . familiarity with Facebook to have been sufficiently specialized to fall within the scope of section 90.702 . . .
. . . Howard's testimony on various grounds, including the asserted non-compliance with section 90.702, Florida . . .
. . . . § 90.702, Fla. Stat. (2017). . . .
. . . The court found State Farm did not establish that Simon's testimony satisfied section 90.702, Florida . . .
. . . The Daubert test, as codified in section 90.702, requires that "[t]he testimony is based upon sufficient . . .
. . . 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 . . .
. . . Expert witness, See F.S. 90.702 (1985), and Shaw v. Puleo, 159 So.2d 641 (Fla. 1964). . . .
. . . competing standards embroiled in the legislative amendments to the Florida Evidence Code (amending sections 90.702 . . . Applying the more rigorous standard, Daubert and its codification in sections 90.702 and 90.704, the . . .
. . . competing standards embroiled in the legislative amendments to the Florida Evidence Code (amending sections 90.702 . . . Applying the more rigorous standard, Daubert and its codification in sections 90.702 and 90.704, the . . .
. . . We need not address whether the expert was qualified for purposes of section 90.702, Florida Statutes . . .
. . . Section 90.702, Florida Statutes (2012), provides that a witness may be qualified as an expert based . . .
. . . that the EMA improperly relied on the Kales articles and failed to satisfy the requirements of section 90.702 . . . product of reliable principles and methods”; and be applied “reliably to the facts of the case.” § 90.702 . . .
. . . Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), and section 90.702 . . .
. . . Under section 90.702, Florida Statutes (2010), expert testimony is defined as “scientific, technical, . . . See § 90.702, Fla. Stat. . . .
. . . filing his petition, the Florida Supreme Court has declined to adopt the “Daubert amendment” to section 90.702 . . . Effective July 1, 2013, the Florida Legislature amended section 90.702, Florida Statutes, replacing the . . . Section 90.702 provides that: If scientific, technical, or other specialized knowledge will assist the . . . methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. § 90.702 . . .
. . . .” § 90.702, Fla. Stat. (1999). . . .
. . . procedural, chapter 2013-107, sections 1 and 2, Laws of Florida (Daubert Amendment), which amended sections 90.702 . . . Committee’s recommendation and decline to adopt, to the extent they are procedural, the changes to sections 90.702 . . . DISCUSSION Daubert Amendment The Daubert Amendment amended sections 90.702 and 90.704, Florida Statutes . . . First, the Legislature amended section 90.702 to mirror Federal Rule of Evidence 702 as follows: If scientific . . .
. . . that the Judge of Compensation Claims (JCC) erred in applying the Daubert test codified in section 90.702 . . . (amending § 90.702, Fla. Stat,); § 90.101, Fla. Stat. . . . as the ‘Florida Evidence Code.’ ”), The JCC was bound by Giaimo — -and the plain language of section 90.702 . . . Amendments to the Florida Evidence Code, supra, the Court declines to adopt the Daubert test in section 90.702 . . . ] also argues that this court lacks the authority to apply Daubert, as incorporated through section 90.702 . . .
. . . Appellees challenged each expert’s opinions under section 90.702, Florida Statutes, which adopted the . . . Section 90.702 codifies the standard: If scientific, technical, or other specialized knowledge will assist . . . methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. § 90.702 . . . Under section 90.702 and Dau-bert, 509 U.S. at 597, 113 S.Ct. 2786, the trial courts must “act as gatekeepers . . . DeLisle also argues that this court lacks the authority to apply Daubert, as incorporated through section 90.702 . . .
. . . See § 90.702, Fla. Stat. (201S). . . .
. . . inadmissible as being, scientifically unreliable, irrelevant, and overly prejudicial under sections 90.702 . . . According to section 90.702, Florida Statutes (2014): If scientific, technical, or other specialized . . .
. . . moved to exclude the opinion of the plaintiffs causation expert, based on the recent change to section 90.702 . . . that the trial court did not abuse its discretion in excluding the causation testimony under section 90.702 . . . In 2013, the Florida Legislature amended section 90.702 with the intent to adopt the federal Daubert . . . On appeal, the plaintiffs primaiy argument is that the 2013 amendments to section 90.702 are substantive . . . Accordingly, as the Third District has explained, “section 90.702 of the Florida Evidence Code indisputably . . .
. . . the recently adopted Daubert standard for the admissibility of expert testimony as stated in section 90.702 . . . DAUBERT AND SECTION 90.702 In 2013, the legislature amended section 90.702 with the intention of adopting . . . (Preamble to § 90.702). The legislature also expressed its intention that the standard in Frye v. . . . By amending section 90.702, the legislature further intended to prohibit the use in the Florida courts . . . The effective date of the amendment to section 90.702 is July 1, 2013. Ch. 2013-107, § 3. . . .
. . . Under section 90.702, Florida Statutes (2015), a witness may be “qualified as an expert by knowledge, . . .
. . . The Daubert standard for admissibility was adopted by the Legislature in section 90.702, Florida Statutes . . .
. . . . § 90.702, Fla. Stat.; Fla. R. Civ. P. 1.390. . . .
. . . Section 90.702: Expert Opinion Testimony The parties focused primarily on Section 90.702, which sets . . . In 2013,. the Florida Legislature amended Section 90.702 to pattern it after Rule 702 of the Federal . . . As amended, Section 90.702, Florida Statutes, reads as follows: 90.702 Testimony by experts If scientific . . . One of the Legislature’s stated purposes in amending Section 90.702 was “to adopt the standards for expert . . . (“Except as otherwise provided in s. 90.702, a witness may not testify to á matter unless evidence is . . .
. . . .” § 90.702, Fla. Stat. (2012). . . .
. . . Ch.2013-107, at 1461-63, Laws of Fla, consistent with Daubert, section 90.702, Florida Statutes (2013 . . .
. . . discussion, nor its suggestion in a footnote that a constitutional challenge to the Daubert standard in § 90.702 . . . And even if they had, our court’s decisions have correctly required the 2013 modifications to § 90.702 . . . As amended, section 90.702 provides: If scientific, technical, or other specialized knowledge will assist . . . ; and • (3) The witness has applied the principles and methods reliably to the facts of the case. § 90.702 . . . By amending section 90.702, the Legislature signaled its intent “to tighten the rules for admissibility . . . Under section 90.702, as amended, while the expert’s qualifications may well remain germane, an expert . . . Appellant does not argue that chapter 13-107, section 1, Laws of Florida, in amending section 90.702, . . .
. . . whether the eyewitness identification was correct'in this case, his testimony did not comply with section 90.702 . . . Under our evidence code, § 90.702, Fla. . . .
. . . However, beginning July 1, 2013, the Florida Legislature amended sections 90.702 and 90.704 of the Florida . . .
. . . The court noted that the prior version of section 90.702, Florida Statutes; “requires the court to make . . . tests and how to read and explain their results would qualify to testify to the results under section 90.702 . . . To the extent that this would even be a close question under section 90.702, it should not be a question . . . Although section 90.702, Florida Statutes was significantly amended in 2013 to adopt the federal standard . . . See § 90.702, Fla. Stat. (2014). . . .
. . . Miller’s opinion testimony on causation, including an objection based on section 90.702, Florida Statutes . . .
. . . . 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), based on the Legislature’s 2013 amendment to section 90.702 . . . Section 90.702 was amended in 2013 to provide that testimony by an expert who is qualified by knowledge . . . See § 90.702(1)-(3), Fla. Stat. (2013). . . .
. . . county court’s rejection of the actuary’s affidavit for not meeting the standard required by section 90.702 . . .
. . . the JCC erred in determining he was not required to address Claimant’s challenge, based on section 90.702 . . . Effective July 1, 2013, the Legislature amended section 90.702 of the evidence code and adopted the admissibility . . . Florida Autosport, Inc., 154 So.3d 385, 387 (Fla. 1st DCA 2014), that the 2013 modifications to section 90.702 . . .
. . . See § 90.702, Fla. Stat. (2014); Perez v. . . .
. . . five issues raised by Appellant were challenges to the judge’s evidentiary rulings grounded in section 90.702 . . . and outlined Florida’s adoption of that standard: In 2013, the Florida Legislature modified section 90.702 . . . 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 . . . (“In adopting the amendment to section 90.702, the legislature specifically stated its intent that the . . .
. . . The social investigator must be qualified as an expert under section 90.702, Florida Statutes, to testify . . .
. . . facts and data and lacking a basis in reliable medical principles and methods as required by section 90.702 . . . In 2013, the Florida Legislature modified section 90.702 “to adopt the standards for expert testimony . . . 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 . . . (“In adopting the amendment to section 90.702, the legislature specifically stated its intent that the . . .
. . . With respect to when the introduction of expert testimony is proper, section 90.702, Florida Statutes . . .
. . . Analysis The admissibility of expert testimony in this state is governed by section 90.702 of the Florida . . . Ch. 2013-107, § 1, Laws of Fla. (2013) (Preamble to § 90.702). . . . Moreover, section 90.702 of the Florida Evidence Code indisputably applies retrospectively. . . . Although the revisions to section 90.702 came into force after the filing of this appeal, we apply them . . . Section 90.702, as amended, reads as follows: If scientific, technical, or other specialized knowledge . . .
. . . See § 90.702, Fla. Stat. (2010). . . .
. . . Specifically, consistent with Daubert, section 90.702, Florida Statutes (2013), was amended to provide . . . has determined the admissibility of the PPG evidence under the Daubert standard codified by section 90.702 . . .
. . . the “opinions and inferences do not require a special knowledge, skill, experience, or training”); § 90.702 . . .
. . . .); ch. 2013-107 (amending § 90.702, Fla. Stat.); ch.2013-112, §§ 3, 4, Laws of Fla. . . .
. . . will assist the jury in understanding the evidence or in determining a fact in issue under section 90.702 . . . Section 90.702, Florida Statutes (2009), governs the testimony of experts and provides: If scientific . . .
. . . The admission of expert testimony is governed by section 90.702, which states, [i]f scientific, technical . . .
. . . See F.S. 90.702 (1985), and Shaw v. Puleo, 159 So.2d 641 (Fla.1964). . . .
. . . Under section 90.702, Florida Statutes, expert testimony is admissible only where “specialized knowledge . . .
. . . See § 90.702, Fla. . . . See § 90.702 (expert witness is one "qualified as an expert by knowledge, skill, experience, training . . .
. . . will assist the trier of fact in understanding the evidence or in determining a fact in issue.... ” § 90.702 . . .
. . . Section 90.702, Florida Statutes (2009), provides: If scientific, technical, or other specialized knowledge . . . 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 . . . See § 90.702; see also Dungan v. . . .
. . . to “assist the trier of fact in understanding the evidence, or in determining a fact issue ...,” § 90.702 . . .
. . . Section 90.702, Florida Statutes (2010), provides: If scientific, technical, or other specialized knowledge . . .
. . . See § 90.702, Fla. Stat. (2008). . . .
. . . See § 90.702, Fla. Stat. (2010) (allowing experts to offer opinion on matters in dispute); cf. . . .
. . . See § 90.702, Fla. Stat. . . .
. . . . § 90.702 (an expert’s opinion "is admissible only if it can be applied to the evidence at trial”); . . .
. . . .” § 90.702, Fla. Stat. (2008) (emphasis added). . . .
. . . Thus, generally objecting to the expert under section 90.702, Florida Statutes, is insufficient. . . .
. . . . § 90.702, Fla. . . .
. . . See F.S. 90.702 (1985), and Shaw v. Puleo, 159 So.2d 641 (Fla.1964). . . .
. . . Section 90.702, Florida Statutes (2005), provides: If scientific, technical, or other specialized knowledge . . .
. . . Section 90.702, Florida Statutes (2007), provides: If scientific, technical, or other specialized knowledge . . .
. . . Section 90.702, Florida Statutes (2006), governs the admissibility of expert testimony and provides in . . . Based on section 90.702, the evidence should have been admitted unless it would not assist the trier . . .
. . . As the supreme court has explained: Section 90.702 requires that before an expert may testify in the . . .
. . . 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. . . .
. . . . §§ 90.702-706, Fla. Stat. (2006). . . .
. . . . § 90.702, Fla. Stat. (2007). . . . . § 90.702. . . .
. . . Under section 90.702, Florida Statutes, expert testimony is admissible only where “specialized knowledge . . .
. . . . §§ 90.702, 90.703, Fla. Stat. (2007). . . .
. . . was beyond the scope of an ordinary juror’s knowledge and understanding, as is required under section 90.702 . . .
. . . person — in Brooks, a drug dealer possessed of “specialized knowledge” within the meaning of section 90.702 . . .
. . . records custodians from Sprinfi-Nextel and Metro PCS, did not constitute expert testimony under section 90.702 . . .
. . . .” § 90.702, Fla. Stat. (2006). . . .
. . . 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 . . . Sections 90.702 and 90.703 deal specifically with expert testimony: 90.702 Testimony by experts. — If . . . Section 90.702 contains three requirements: (1) that the opinion evidence be helpful to the trier of . . . This view is consistent with the first requirement of section 90.702, that the opinion evidence be helpful . . .
. . . With regard to the admissibility of expert testimony, this Court has stated: Section 90.702 requires . . .
. . . Stat. (2005); § 90.702, Fla. Stat. (2005). . . .