Florida Statute 90.702 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

View Entire Chapter

F.S. 90.702

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 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.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 1, ch. 2013-107.

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F.S. 90.702 on CourtListener

Amendments to 90.702

Annotations, Discussions, Cases:

Cases Citing Statute 90.702

Total Results: 269

Pagan v. State

830 So. 2d 792, 2002 WL 500315

Supreme Court of Florida | Filed: Apr 4, 2002 | Docket: 329524

Cited 585 times | Published

admission of Dr. Wright's opinion was proper. Section 90.702, Florida Statutes (1995), provides: If scientific

Terry v. State

668 So. 2d 954, 1996 WL 2056

Supreme Court of Florida | Filed: Jan 4, 1996 | Docket: 1686964

Cited 247 times | Published

before the trial. § 90.704, Fla.Stat. (1993). Section 90.702 requires that before an expert may testify

Brooks v. State

762 So. 2d 879, 2000 WL 674581

Supreme Court of Florida | Filed: May 25, 2000 | Docket: 57131

Cited 124 times | Published

We reject Brooks' claim on the merits.[16] Section 90.702, Florida Statutes (1999), provides: If scientific

Andrews v. State

533 So. 2d 841, 1988 WL 107896

District Court of Appeal of Florida | Filed: Oct 20, 1988 | Docket: 1656583

Cited 74 times | Published

Noting that the "helpfulness" standard of section 90.702[3] reflects a liberal policy in the admission

Johnston v. State

497 So. 2d 863, 11 Fla. L. Weekly 585

Supreme Court of Florida | Filed: Nov 13, 1986 | Docket: 1264315

Cited 74 times | Published

expert in the detection of blood as required by section 90.702, Florida Statutes (1983). We disagree. Although

Simmons v. State

934 So. 2d 1100, 2006 WL 1299617

Supreme Court of Florida | Filed: May 11, 2006 | Docket: 2481578

Cited 73 times | Published

Common Cause, 52 Drake L.Rev. 647, 652 (2004). Section 90.702, Florida Statutes (2005), titled "Testimony

Ramirez v. State

651 So. 2d 1164, 1995 WL 2417

Supreme Court of Florida | Filed: Jan 5, 1995 | Docket: 476366

Cited 63 times | Published

Michael H. Graham, Handbook of Florida Evidence § 90.702 (1987 Edition). First, the trial judge must determine

Ramirez v. State

651 So. 2d 1164, 1995 WL 2417

Supreme Court of Florida | Filed: Jan 5, 1995 | Docket: 476366

Cited 63 times | Published

Michael H. Graham, Handbook of Florida Evidence § 90.702 (1987 Edition). First, the trial judge must determine

Westerheide v. State

767 So. 2d 637, 2000 WL 1434081

District Court of Appeal of Florida | Filed: Sep 29, 2000 | Docket: 1661448

Cited 54 times | Published

are rendered by witnesses who are qualified. See § 90.702, Fla. Stat. (1999). The appellant argues that

Kruse v. State

483 So. 2d 1383, 11 Fla. L. Weekly 333

District Court of Appeal of Florida | Filed: Feb 5, 1986 | Docket: 455779

Cited 52 times | Published

available third-party benefits is inadmissible. Section 90.702 contains three requirements: (1) that the opinion

Nardone v. State

798 So. 2d 870, 2001 WL 1359470

District Court of Appeal of Florida | Filed: Nov 7, 2001 | Docket: 1238844

Cited 51 times | Published

common understanding of the average layman. See § 90.702, Fla. Stat. (1999). "When facts are within the

Crump v. State

622 So. 2d 963, 1993 WL 194554

Supreme Court of Florida | Filed: Jun 10, 1993 | Docket: 546677

Cited 50 times | Published

for a curative instruction and a mistrial. Section 90.702, Florida Statutes (1989), allows a witness

Jennings v. State

123 So. 3d 1101, 2013 WL 3214442

Supreme Court of Florida | Filed: Jun 27, 2013 | Docket: 60234856

Cited 49 times | Published

of an opinion as to his specialized knowledge. § 90.702, Fla. Stat. (1995). Jennings does not cite, and

Cox v. State

966 So. 2d 337, 2007 WL 1932134

Supreme Court of Florida | Filed: Jul 5, 2007 | Docket: 505115

Cited 40 times | Published

of expert testimony, this Court has stated: Section 90.702 requires that before an expert may testify

Anderson v. State

863 So. 2d 169, 2003 WL 22207892

Supreme Court of Florida | Filed: Sep 25, 2003 | Docket: 1728613

Cited 36 times | Published

before the trial. § 90.704, Fla. Stat. (1999). Section 90.702, Florida Statutes (1999), requires that before

Gordon v. State

863 So. 2d 1215, 2003 WL 22964723

Supreme Court of Florida | Filed: Dec 18, 2003 | Docket: 2451304

Cited 35 times | Published

did not constitute expert testimony. Under section 90.702, Florida Statutes (2003), expert testimony

Husky Industries, Inc. v. Black

434 So. 2d 988

District Court of Appeal of Florida | Filed: Jul 6, 1983 | Docket: 1246433

Cited 33 times | Published

Although the explicit relevancy requirement of Section 90.702, Florida Statutes (1979), i.e., "the [expert]

US Sugar Corp. v. Henson

823 So. 2d 104, 27 Fla. L. Weekly Supp. 551, 2002 Fla. LEXIS 1159, 2002 WL 1208720

Supreme Court of Florida | Filed: Jun 6, 2002 | Docket: 1512775

Cited 31 times | Published

the actual debilitating factor. Despite a "section 90.702 objection"[3] during the expert depositions

Marsh v. Valyou

977 So. 2d 543, 2007 WL 4124744

Supreme Court of Florida | Filed: Nov 21, 2007 | Docket: 1529618

Cited 29 times | Published

substantially upon the Federal Rules of Evidence. Section 90.702 of Florida's code is essentially identical

Castillo v. EI Du Pont De Nemours & Co., Inc.

854 So. 2d 1264, 28 Fla. L. Weekly Supp. 538, 2003 Fla. LEXIS 1159, 2003 WL 21543502

Supreme Court of Florida | Filed: Jul 10, 2003 | Docket: 1459988

Cited 29 times | Published

whether expert testimony is admissible under section 90.702, Florida Statutes (2001), Florida courts follow

McMullen v. State

714 So. 2d 368, 1998 WL 166266

Supreme Court of Florida | Filed: Apr 9, 1998 | Docket: 1713285

Cited 29 times | Published

other jurisdictions. Under our evidence code, § 90.702, Fla. Stat. (1997), the trial judge, in considering

Flanagan v. State

586 So. 2d 1085, 1991 WL 133574

District Court of Appeal of Florida | Filed: Oct 14, 1991 | Docket: 473454

Cited 28 times | Published

fact that the technique may, as provided in Section 90.702, Florida Statutes (1985), otherwise assist

Smith v. State

28 So. 3d 838, 34 Fla. L. Weekly Supp. 681, 2009 Fla. LEXIS 2067, 2009 WL 4841038

Supreme Court of Florida | Filed: Dec 17, 2009 | Docket: 1652281

Cited 27 times | Published

Ramirez v. State, 542 So.2d 352, 355 (Fla.1989). Section 90.702, Florida Statutes (2005), provides: If scientific

Hayes v. State

581 So. 2d 121, 1991 WL 83561

Supreme Court of Florida | Filed: May 23, 1991 | Docket: 1683858

Cited 27 times | Published

beyond the scope of the witness's expertise. See § 90.702, Fla. Stat. (1987). [10] See § 921.141(6)(b)

Fay v. Mincey

454 So. 2d 587

District Court of Appeal of Florida | Filed: Jun 27, 1984 | Docket: 444493

Cited 27 times | Published

purposes of aiding the jury in its deliberations.[9] § 90.702, Fla. Stat. (1981). Moreover, we note, consistent

William Booker v. Sumter County Sheriff's Office/North American etc

166 So. 3d 189

District Court of Appeal of Florida | Filed: May 28, 2015 | Docket: 2660703

Cited 26 times | Published

the judge’s evidentiary rulings grounded in section 90.702, Florida Statutes, establishing what is commonly

Berry v. CSX Transp., Inc.

709 So. 2d 552, 1998 WL 85601

District Court of Appeal of Florida | Filed: Mar 3, 1998 | Docket: 1682130

Cited 26 times | Published

testimony is governed by the Florida Evidence Code, section 90.702, Florida Statutes (1995). That section provides:

Smith v. State

7 So. 3d 473, 2009 Fla. LEXIS 405, 2009 WL 702262

Supreme Court of Florida | Filed: Mar 19, 2009 | Docket: 1227181

Cited 25 times | Published

or training. § 90.701, Fla. Stat. (2005). Section 90.702 governs opinion testimony by expert witnesses

Linn v. Fossum

946 So. 2d 1032, 2006 WL 3093186

Supreme Court of Florida | Filed: Nov 2, 2006 | Docket: 1771136

Cited 25 times | Published

sections 90.702-90.706, Florida Statutes (2005). Section 90.702 provides that experts may testify in the form

Hall v. State

568 So. 2d 882, 1990 WL 130205

Supreme Court of Florida | Filed: Sep 6, 1990 | Docket: 1526628

Cited 25 times | Published

Barnes, 197 So.2d 26 (Fla. 4th DCA 1967). See § 90.702, Fla. Stat. (1989). Although Balmer may be qualified

Ramirez v. State

810 So. 2d 836, 2001 WL 1628609

Supreme Court of Florida | Filed: Dec 20, 2001 | Docket: 1223954

Cited 24 times | Published

only if it can be applied to evidence at trial. § 90.702, Fla. Stat. (2000). All evidence, including expert

In re Standard Jury Instructions—Contract & Business Cases

116 So. 3d 284, 2013 WL 2435441

Supreme Court of Florida | Filed: Jun 6, 2013 | Docket: 60232345

Cited 23 times | Published

NOTES ON USE FOR 601.2 1. Expert witness. See F.S. 90.702 (1985), and Shaw v. Puleo, 159 So.2d 641 (Fla

Chavez v. State

12 So. 3d 199, 34 Fla. L. Weekly Supp. 383, 2009 Fla. LEXIS 977, 2009 WL 1792963

Supreme Court of Florida | Filed: Jun 25, 2009 | Docket: 172791

Cited 23 times | Published

satisfy a four-prong test of admissibility. Section 90.702, Florida Statutes (2007), provides: If scientific

Centex-Rooney Const. Co., Inc. v. Martin County

706 So. 2d 20, 1997 WL 795198

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 1280440

Cited 23 times | Published

inadmissible hearsay opinions to be without merit. See § 90.702, Fla. Stat. (1995)(expert opinion admissible to

Johnston v. State

70 So. 3d 472, 2011 WL 1584583

Supreme Court of Florida | Filed: Sep 8, 2011 | Docket: 405495

Cited 22 times | Published

irrelevant to any material issue. See Fla. Stat. § 90.702 (an expert's opinion "is admissible only if it

Angrand v. Key

657 So. 2d 1146, 1995 WL 373745

Supreme Court of Florida | Filed: Jun 22, 1995 | Docket: 463971

Cited 22 times | Published

Platt is necessary to implement the intent of section 90.702, which is to admit expert testimony when it

Tarleton v. Arnstein & Lehr

719 So. 2d 325, 1998 WL 483930

District Court of Appeal of Florida | Filed: Aug 19, 1998 | Docket: 1351566

Cited 20 times | Published

case is within the trial court's discretion under § 90.702, Florida Statutes (1997). Reference to the transcript

Ward v. State

519 So. 2d 1082, 1988 WL 6404

District Court of Appeal of Florida | Filed: Feb 1, 1988 | Docket: 1698731

Cited 20 times | Published

disturbances, physical and depressive reactions). [5] Section 90.702, Florida Statutes, provides: Testimony by

Pettry v. Pettry

706 So. 2d 107, 1998 WL 66780

District Court of Appeal of Florida | Filed: Feb 20, 1998 | Docket: 1682619

Cited 19 times | Published

trier of fact in the search for the truth. See, § 90.702, Fla. Stat.; Fla. R. Civ. P. 1.390(a). Although

Executive Car & Truck Leasing v. DeSerio

468 So. 2d 1027, 10 Fla. L. Weekly 1032

District Court of Appeal of Florida | Filed: Apr 24, 1985 | Docket: 1402073

Cited 19 times | Published

rev. den., 440 So.2d 352 (Fla. 1983). See also § 90.702, Fla. Stat. (1983). Expert testimony may be given

Richard DeLisle v. Crane Co.

258 So. 3d 1219

Supreme Court of Florida | Filed: Oct 15, 2018 | Docket: 8030090

Cited 18 times | Published

authority to repeal. Indeed, Marsh did not construe section 90.702, Florida Statutes (2007), because the test

State v. Gerry

855 So. 2d 157, 2003 WL 21990704

District Court of Appeal of Florida | Filed: Aug 22, 2003 | Docket: 1508592

Cited 18 times | Published

judge could have properly excluded it under section 90.702, Florida Statutes, by making the determination

Giaimo v. Florida Autosport, Inc.

154 So. 3d 385, 2014 Fla. App. LEXIS 19498, 2014 WL 6679290

District Court of Appeal of Florida | Filed: Nov 26, 2014 | Docket: 60245479

Cited 17 times | Published

medical principles and methods as required by section 90.702, Florida Statutes. The E/C countered that Dr

Perez v. State

980 So. 2d 1126, 2008 WL 723786

District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1735771

Cited 17 times | Published

did not constitute expert testimony under section 90.702, Florida Statutes (2007), and therefore was

AA v. State

461 So. 2d 165

District Court of Appeal of Florida | Filed: Dec 4, 1984 | Docket: 464575

Cited 17 times | Published

experience, as an "expert" in marijuana identification. § 90.702, Fla. Stat. (1983). See Jones v. State, 440 So

McIntyre v. McIntyre

452 So. 2d 14

District Court of Appeal of Florida | Filed: Apr 18, 1984 | Docket: 474371

Cited 17 times | Published

witness was not qualified as an expert under section 90.702, Florida Statutes, and the testimony was not

Riechmann v. State

581 So. 2d 133, 1991 WL 88737

Supreme Court of Florida | Filed: May 30, 1991 | Docket: 1283954

Cited 16 times | Published

the relevant field of German criminal law. See § 90.702, Fla. Stat. (1987). We conclude that the trial

Riggins v. Mariner Boat Works, Inc.

545 So. 2d 430, 1989 WL 64533

District Court of Appeal of Florida | Filed: Jun 14, 1989 | Docket: 1702839

Cited 16 times | Published

conduit. This is true for several reasons. First, section 90.702, Florida Statutes (1987), permits expert testimony

Jackson v. State

89 So. 3d 1011, 2012 WL 1934426, 2012 Fla. App. LEXIS 8742

District Court of Appeal of Florida | Filed: May 30, 2012 | Docket: 60308482

Cited 15 times | Published

understanding or experience of the average juror. See § 90.702, Fla. Stat. (2010) (allowing expert testimony

US Sugar Corp. v. Henson

787 So. 2d 3, 2001 Fla. App. LEXIS 5255, 2000 WL 1880340

District Court of Appeal of Florida | Filed: Apr 20, 2001 | Docket: 473458

Cited 15 times | Published

admissibility of the expert testimony on the ground of section 90.702, Florida Statutes, the statute governing admissibility

Hawthorne v. State

470 So. 2d 770, 10 Fla. L. Weekly 1406

District Court of Appeal of Florida | Filed: Jun 7, 1985 | Docket: 1676407

Cited 15 times | Published

that they were sufficiently qualified to meet section 90.702's test for testimony by experts: "[A] witness

In Re Standard Jury Instructions in Civil Cases—Report No. 09-01

35 So. 3d 666, 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302

Supreme Court of Florida | Filed: Mar 4, 2010 | Docket: 1646266

Cited 14 times | Published

NOTES ON USE FOR 601.2 1. Expert witness. See F.S. 90.702 (1985), and Shaw v. Puleo, 159 So.2d 641 (Fla

Tengbergen v. State

9 So. 3d 729, 2009 Fla. App. LEXIS 3450, 2009 WL 1066016

District Court of Appeal of Florida | Filed: Apr 22, 2009 | Docket: 1221405

Cited 14 times | Published

1994). As the supreme court has explained: Section 90.702 requires that before an expert may testify

Fittipaldi USA, Inc. v. Castroneves

905 So. 2d 182, 2005 Fla. App. LEXIS 4348, 2005 WL 714919

District Court of Appeal of Florida | Filed: Mar 30, 2005 | Docket: 214466

Cited 14 times | Published

is only admissible as expert testimony under section 90.702, Florida Statutes (1999). Accordingly, the

ASSOCIATION FOR RETARDED v. Fletcher

741 So. 2d 520, 1999 WL 397135

District Court of Appeal of Florida | Filed: Jun 18, 1999 | Docket: 2449053

Cited 13 times | Published

who was qualified by the trial court under section 90.702, Florida Statutes (1991), as a person entitled

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. CC CHIROPRACTIC, LLC, a/a/o ISLANDE NAPOLEON

245 So. 3d 755

District Court of Appeal of Florida | Filed: Mar 14, 2018 | Docket: 6333493

Cited 12 times | Published

establish that Simon’s testimony satisfied section 90.702, Florida Statutes (2013), or Daubert v. Merrell

Gosciminski v. State

132 So. 3d 678, 38 Fla. L. Weekly Supp. 638, 2013 WL 5313183, 2013 Fla. LEXIS 1988

Supreme Court of Florida | Filed: Sep 12, 2013 | Docket: 60238539

Cited 12 times | Published

evidence or in determining a fact in issue under section 90.702, Florida Statutes. Id. at 1167.15 Second, the

Grenitz v. Tomlian

858 So. 2d 999, 2003 WL 21290887

Supreme Court of Florida | Filed: Jun 5, 2003 | Docket: 2518147

Cited 12 times | Published

admission of expert testimony set forth in section 90.702, Florida Statutes (2002).[7] Frankly, in many

EI Dupont De Nemours v. Castillo Ex Rel. Castillo

748 So. 2d 1108, 2000 WL 140102

District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 1505041

Cited 12 times | Published

expert testimony in this case is governed by section 90.702, Florida Statutes (1995), which provides: If

Brito v. County of Palm Beach

753 So. 2d 109, 1998 WL 821757

District Court of Appeal of Florida | Filed: Nov 12, 1998 | Docket: 1729096

Cited 10 times | Published

testimony under the Frye test or, alternatively, section 90.702, *114 Florida Statutes (1993). Kelsey's opinion

Botte v. Pomeroy

497 So. 2d 1275, 11 Fla. L. Weekly 2363

District Court of Appeal of Florida | Filed: Nov 12, 1986 | Docket: 1242857

Cited 10 times | Published

reliable and helpful to the trier-of-fact. See § 90.702, Fla. Stat. (1983). Under these circumstances

Alford v. G. Pierce Woods Memorial Hosp.

621 So. 2d 1380, 1993 WL 247134

District Court of Appeal of Florida | Filed: Jul 7, 1993 | Docket: 1677754

Cited 9 times | Published

So.2d 331 (Fla. 1st DCA 1983). This includes section 90.702, which relates to testimony by experts. As

Smithson v. VMS Realty, Inc.

536 So. 2d 260, 13 Fla. L. Weekly 2459, 1988 Fla. App. LEXIS 5035, 1988 WL 117586

District Court of Appeal of Florida | Filed: Nov 8, 1988 | Docket: 2553424

Cited 9 times | Published

evidence or in determining a fact in issue ... .," § 90.702, Fla. Stat. (1985), but "expert testimony is not

Fridovich v. State

489 So. 2d 143, 11 Fla. L. Weekly 1219

District Court of Appeal of Florida | Filed: May 28, 1986 | Docket: 545549

Cited 9 times | Published

admission of expert testimony in court proceedings. Section 90.702, Florida Statutes (1983) provides that expert

Goldstein v. State

447 So. 2d 903

District Court of Appeal of Florida | Filed: Feb 29, 1984 | Docket: 1311845

Cited 9 times | Published

Florida Statutes (1981). Yet, we also note that section 90.702, Florida Statutes (1981), empowers the trial

Tuyuana L. Morris, etc. v. Orlando S. Muniz, M.D.

252 So. 3d 1143

Supreme Court of Florida | Filed: Sep 6, 2018 | Docket: 7813516

Cited 8 times | Published

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

GLORIA PATRICIA SANCHEZ and BODY & SOUL RETREAT, LLC. v. JOHANA CINQUE and VONCENT CINQUE

238 So. 3d 817

District Court of Appeal of Florida | Filed: Feb 14, 2018 | Docket: 6304714

Cited 8 times | Published

at 592-93. The Daubert test, as codified in section 90.702, requires that “[t]he testimony is based upon

Sunbeam Television Corp. v. Mitzel

83 So. 3d 865, 2012 Fla. App. LEXIS 485, 114 Fair Empl. Prac. Cas. (BNA) 354, 2012 WL 126784

District Court of Appeal of Florida | Filed: Jan 18, 2012 | Docket: 60306518

Cited 8 times | Published

State, 473 So.2d 1282, 1285 (Fla. 1985). . Section 90.702, Florida Statutes (2010), provides: If scientific

Lynch v. State

2 So. 3d 47, 2008 WL 4809783

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1643648

Cited 8 times | Published

discrete circumstances, it does not here. Under section 90.702, Florida Statutes, expert testimony is admissible

Bartlett v. State

993 So. 2d 157, 2008 WL 4722492

District Court of Appeal of Florida | Filed: Oct 29, 2008 | Docket: 1516286

Cited 8 times | Published

knowledge and understanding, as is required under section 90.702, Florida Statutes, infra. See Nardone, 798

Schneer v. Allstate Indem. Co.

767 So. 2d 485, 2000 WL 628247

District Court of Appeal of Florida | Filed: Oct 18, 2000 | Docket: 1661443

Cited 8 times | Published

expert testimony was admissible pursuant to section 90.702, Florida Statutes (1993),[3] where it would

State v. Anton

700 So. 2d 743, 1997 WL 600837

District Court of Appeal of Florida | Filed: Oct 1, 1997 | Docket: 1719570

Cited 8 times | Published

expert witness before eliciting this statement. See § 90.702, Fla. Stat. (1995). However, defense counsel did

Brim v. State

654 So. 2d 184, 1995 WL 170717

District Court of Appeal of Florida | Filed: Apr 12, 1995 | Docket: 1710340

Cited 8 times | Published

Michael H. Graham, Handbook of Florida Evidence § 90.702 (1987 Edition). First, the trial judge must determine

Gamble v. State

644 So. 2d 1376, 1994 WL 559630

District Court of Appeal of Florida | Filed: Oct 14, 1994 | Docket: 79015

Cited 8 times | Published

Fla. Stat. (1991). Florida's Evidence Code, section 90.702, Florida Statutes (1991) provides that if specialized

Alvarez v. All Star Boxing, Inc.

258 So. 3d 508

District Court of Appeal of Florida | Filed: Sep 12, 2018 | Docket: 64696893

Cited 7 times | Published

"the product of reliable principles and methods." § 90.702, Fla. Stat. (2017). They therefore cannot provide

Bell v. State

179 So. 3d 349, 2015 Fla. App. LEXIS 14993, 2015 WL 5883607

District Court of Appeal of Florida | Filed: Oct 9, 2015 | Docket: 60251742

Cited 7 times | Published

” The court noted that the prior version of section 90.702, Florida Statutes; “requires the court to make

Alvarez v. State

147 So. 3d 537, 2014 WL 223080, 2014 Fla. App. LEXIS 583

District Court of Appeal of Florida | Filed: Jan 22, 2014 | Docket: 60243272

Cited 7 times | Published

training, or education” in any particular field. See § 90.702, Fla. Stat. (2010). The state concedes that the

Sinclair v. State

995 So. 2d 552, 2008 WL 4057841

District Court of Appeal of Florida | Filed: Sep 3, 2008 | Docket: 1684289

Cited 7 times | Published

"specialized knowledge" within the meaning of section 90.702 of the Florida Evidence Codemay express an

Hildwin v. State

951 So. 2d 784, 2006 WL 3629859

Supreme Court of Florida | Filed: Dec 14, 2006 | Docket: 104

Cited 7 times | Published

the opinion testimony is inadmissible under section 90.702, Florida Statutes (2005), which provides: If

Huck v. State

881 So. 2d 1137, 2004 WL 1584336

District Court of Appeal of Florida | Filed: Jul 16, 2004 | Docket: 1466241

Cited 7 times | Published

State, *1149 863 So.2d 169, 179 (Fla.2003). Section 90.702, Florida Statutes, requires that before an

Olges v. Dougherty

856 So. 2d 6, 2003 WL 22023663

District Court of Appeal of Florida | Filed: Aug 29, 2003 | Docket: 1298201

Cited 7 times | Published

that a spinal column stimulator be implanted. § 90.702, Fla. Stat. (2002). See Fabianke v. Weaver, 527

Broward County School Bd. v. Cruz Ex Rel. Cruz

761 So. 2d 388, 2000 WL 525999

District Court of Appeal of Florida | Filed: May 3, 2000 | Docket: 1299964

Cited 7 times | Published

skill, experience, training, or education...." § 90.702, Fla. Stat. Qualification of a witness as an expert

Smith v. Hooligan's Pub & Oyster Bar, Ltd.

753 So. 2d 596, 2000 WL 159019

District Court of Appeal of Florida | Filed: Feb 16, 2000 | Docket: 1433537

Cited 7 times | Published

invaded the province of the jury. According to section 90.702, Florida Statutes (1997), the purpose of expert

Bryant v. Buerman

739 So. 2d 710

District Court of Appeal of Florida | Filed: Sep 8, 1999 | Docket: 1294000

Cited 7 times | Published

the evidence or determining a fact in issue." § 90.702, Fla. Stat. (1997). Conversely, the opinion of

Scarlett v. State

704 So. 2d 615, 1997 WL 656334

District Court of Appeal of Florida | Filed: Oct 22, 1997 | Docket: 1354194

Cited 7 times | Published

the evidence or in determining a fact in issue." § 90.702, Fla. Stat. (1995). Courts have long recognized

Domino's Pizza v. Gibson

668 So. 2d 593, 1996 Fla. LEXIS 150, 1996 WL 73780

Supreme Court of Florida | Filed: Feb 22, 1996 | Docket: 2272886

Cited 7 times | Published

opinion testimony by experts. As provided in section 90.702, an expert witness may testify in the form

Toyota of Pensacola v. Maines

558 So. 2d 1072, 1990 WL 28173

District Court of Appeal of Florida | Filed: Mar 16, 1990 | Docket: 1362824

Cited 7 times | Published

expert opinion based upon his experience. See Section 90.702, Florida Statutes (1987). Although appellant

ARKHEEM J. LAMB v. STATE OF FLORIDA

246 So. 3d 400

District Court of Appeal of Florida | Filed: May 2, 2018 | Docket: 6383139

Cited 6 times | Published

constitutes an expert witness may be derived from section 90.702, Florida Statutes (2016): If scientific

Eddie Wayne Davis v. State of Florida

142 So. 3d 867, 39 Fla. L. Weekly Supp. 485, 2014 WL 3034008, 2014 Fla. LEXIS 2148

Supreme Court of Florida | Filed: Jul 7, 2014 | Docket: 58983

Cited 6 times | Published

introduction of expert testimony is proper, section 90.702, Florida Statutes (2013), provides as follows:

Sanchez v. Nerys

954 So. 2d 630, 2007 WL 466031

District Court of Appeal of Florida | Filed: Feb 14, 2007 | Docket: 1651684

Cited 6 times | Published

relationships or motives. § 90.608, Fla. Stat. (2005); § 90.702, Fla. Stat. (2005). Florida case law and Florida

Jones v. Goodyear Tire & Rubber Co.

871 So. 2d 899, 2003 Fla. App. LEXIS 17101, 2003 WL 22657851

District Court of Appeal of Florida | Filed: Nov 12, 2003 | Docket: 1300466

Cited 6 times | Published

States, 293 F. 1013 (D.C.Cir.1923) and Florida Statute 90.702 and therefore Plaintiffs' proof of their

City of Jacksonville v. Rodriguez

851 So. 2d 280, 2003 WL 21800073

District Court of Appeal of Florida | Filed: Aug 6, 2003 | Docket: 1313141

Cited 6 times | Published

the subject upon which called to testify); section 90.702, Fla. Stat. (2002)(stating that a witness is

Gouveia v. Phillips

823 So. 2d 215, 2002 WL 1759780

District Court of Appeal of Florida | Filed: Jul 31, 2002 | Docket: 458791

Cited 6 times | Published

given by a patient to the physician. [14] See § 90.702, Fla. Stat. (2000) ("If scientific, technical

State Farm Mut. Auto. Ins. Co. v. Penland

668 So. 2d 200, 1995 Fla. App. LEXIS 12587, 1995 WL 712528

District Court of Appeal of Florida | Filed: Dec 6, 1995 | Docket: 1290506

Cited 6 times | Published

common knowledge of jurors. See sponsors notesF.S. 90.702 Although we may not have granted a new trial

In Interest of JH

580 So. 2d 162, 1991 Fla. App. LEXIS 986, 1991 WL 15471

District Court of Appeal of Florida | Filed: Feb 13, 1991 | Docket: 1716846

Cited 6 times | Published

officers are allowed to give opinion evidence. See § 90.702, Fla. Stat. (1989). Although the appellate courts

Cross v. Lakeview Center, Inc.

529 So. 2d 307, 1988 WL 72183

District Court of Appeal of Florida | Filed: Jul 14, 1988 | Docket: 1523776

Cited 6 times | Published

Dr. Monahan's testimony was admissible under Section 90.702, Florida Statutes, as to whether psychological

In Re Estate of Lenahan

511 So. 2d 365, 12 Fla. L. Weekly 1668

District Court of Appeal of Florida | Filed: Jul 10, 1987 | Docket: 1338301

Cited 6 times | Published

stated in Section 90.702. See 1 Gard, Florida Evidence, § 12:11 at 437 (1980). Section 90.702 provides

Rose v. State

506 So. 2d 467, 12 Fla. L. Weekly 1125

District Court of Appeal of Florida | Filed: Apr 30, 1987 | Docket: 1336431

Cited 6 times | Published

or license in order to testify as an expert. Section 90.702, Florida Statutes, specifically provides that

Food MacHinery Corp. v. Shook

425 So. 2d 163

District Court of Appeal of Florida | Filed: Jan 7, 1983 | Docket: 1657897

Cited 6 times | Published

Council Note 1976, Florida Evidence Code, Section 90.702, Florida Statutes Annotated, Vol. 6C, page

L.L. v. State

189 So. 3d 252, 2016 WL 1357736, 2016 Fla. App. LEXIS 5262

District Court of Appeal of Florida | Filed: Apr 6, 2016 | Docket: 60254465

Cited 5 times | Published

2013)). Section 90.702: Expert Opinion Testimony The parties focused primarily on Section 90.702, which

Kipp v. State

128 So. 3d 879, 2013 WL 6636944, 2013 Fla. App. LEXIS 19955

District Court of Appeal of Florida | Filed: Dec 18, 2013 | Docket: 60237195

Cited 5 times | Published

special knowledge, skill, experience, or training”); § 90.702, Fla. Stat. (2010) (“If scientific, technical

State Farm Mutual Automobile Insurance Co. v. Bowling

81 So. 3d 538, 2012 Fla. App. LEXIS 1947, 2012 WL 413809

District Court of Appeal of Florida | Filed: Feb 10, 2012 | Docket: 333452

Cited 5 times | Published

medical billing and coding expert. We agree. Section 90.702, Florida Statutes (2009), provides: If scientific

FLORIDA DOT v. Armadillo Partners, Inc.

849 So. 2d 279, 2003 WL 1922669

Supreme Court of Florida | Filed: Apr 24, 2003 | Docket: 447626

Cited 5 times | Published

the evidence or in determining a fact in issue." § 90.702, Fla. Stat. (2002). Because of its heightened

Meyer v. Caruso

731 So. 2d 118, 1999 WL 235470

District Court of Appeal of Florida | Filed: Apr 21, 1999 | Docket: 1733808

Cited 5 times | Published

in determining a fact in issue....' Fla. Stat. § 90.702 (1985). In the case at bar, the Court concludes

Toro v. State

642 So. 2d 78, 1994 WL 474939

District Court of Appeal of Florida | Filed: Sep 2, 1994 | Docket: 549619

Cited 5 times | Published

admissibility of expert testimony, governed by section 90.702, Florida Statutes, was to be based on a "relevancy

Jackson v. State

553 So. 2d 719, 1989 WL 149573

District Court of Appeal of Florida | Filed: Dec 13, 1989 | Docket: 1258981

Cited 5 times | Published

available third-party benefits is inadmissible. Section 90.702, Florida Statutes (1987), provides: 90.702

Roger Dennis Churchill, Jr. v. State of Florida

219 So. 3d 14, 42 Fla. L. Weekly Supp. 451, 2017 WL 1366987, 2017 Fla. LEXIS 829

Supreme Court of Florida | Filed: Apr 13, 2017 | Docket: 4684619

Cited 4 times | Published

113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), and section 90.702, Florida Statutes. The trial court denied the

In re Amendments to the Florida Evidence Code

210 So. 3d 1231

Supreme Court of Florida | Filed: Feb 16, 2017 | Docket: 60294194

Cited 4 times | Published

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

Gyongyosi v. Miller

80 So. 3d 1070, 2012 WL 469821, 2012 Fla. App. LEXIS 2297

District Court of Appeal of Florida | Filed: Feb 15, 2012 | Docket: 60305630

Cited 4 times | Published

evidence or in determining a fact in issue.... ” § 90.702, Fla. Stat. (2009). The admission of expert testimony

Fidelity Warranty Services, Inc. v. Firstate Insurance Holdings, Inc.

74 So. 3d 506, 2011 Fla. App. LEXIS 15739, 2011 WL 4577530

District Court of Appeal of Florida | Filed: Oct 5, 2011 | Docket: 2352100

Cited 4 times | Published

skill, experience, training, or education." See § 90.702, Fla. Stat. (2008). Here, Eldridge's testimony

Chesnoff v. State

840 So. 2d 423, 2003 WL 1386708

District Court of Appeal of Florida | Filed: Mar 21, 2003 | Docket: 1748261

Cited 4 times | Published

the evidence or in determining a fact in issue." § 90.702, Fla. Stat. (2001). The opinion of an expert should

Poulin v. Fleming

782 So. 2d 452, 2001 WL 256126

District Court of Appeal of Florida | Filed: Mar 16, 2001 | Docket: 456562

Cited 4 times | Published

testimony is governed by the Florida Evidence Code, section 90.702. This section provides: Testimony by Experts

County of Volusia v. Kemp

764 So. 2d 770, 2000 WL 966051

District Court of Appeal of Florida | Filed: Jul 14, 2000 | Docket: 470354

Cited 4 times | Published

the evidence or in determining a fact in issue." § 90.702, Fla. Stat. (1999); see Angrand; Fino. If expert

Butts v. State

733 So. 2d 1097, 1999 WL 312250

District Court of Appeal of Florida | Filed: May 19, 1999 | Docket: 1660031

Cited 4 times | Published

technical, or other specialized knowledge under section 90.702, Florida Statutes. It is nevertheless the case

Weese v. Pinellas County

668 So. 2d 221, 1996 WL 34001

District Court of Appeal of Florida | Filed: Jan 31, 1996 | Docket: 1686982

Cited 4 times | Published

Harvey v. State, 129 Fla. 289, 176 So. 439 (1937); § 90.702, Fla. Stat. (1991). Because the Weeses were unable

Barnett Bank v. Shirey

655 So. 2d 1156, 1995 WL 244297

District Court of Appeal of Florida | Filed: Apr 28, 1995 | Docket: 1696740

Cited 4 times | Published

jury could accept or reject his testimony. See § 90.702, Fla. Stat. (1991). Dr. Fishkind testified to

Newman v. Amente

634 So. 2d 305, 1994 WL 107208

District Court of Appeal of Florida | Filed: Mar 31, 1994 | Docket: 1473106

Cited 4 times | Published

jurors. Charles W. Ehrhardt, Florida Evidence § 90.702 (1992 ed.). Since an expert will be needed to

Rogers v. State

616 So. 2d 1098, 1993 WL 102146

District Court of Appeal of Florida | Filed: Apr 8, 1993 | Docket: 1368122

Cited 4 times | Published

admissible, subject to the requirements of section 90.702, Florida Statutes, without any necessity for

RAP v. State

575 So. 2d 277, 1991 WL 27157

District Court of Appeal of Florida | Filed: Feb 20, 1991 | Docket: 1444084

Cited 4 times | Published

Evidence § 701.1, at pp. 388-89 (2d ed. 1984); § 90.702, Fla. Stat. (1989). Because the record contains

Van Sickle v. Allstate Ins. Co.

503 So. 2d 1288, 12 Fla. L. Weekly 448, 1987 Fla. App. LEXIS 11922

District Court of Appeal of Florida | Filed: Feb 5, 1987 | Docket: 1733158

Cited 4 times | Published

(Fla. 3rd DCA 1962). [6] Fla.R.Civ.P. 1.390(a); § 90.702, Fla. Stat. (1985).

White v. Ring Power Corp.

261 So. 3d 689

District Court of Appeal of Florida | Filed: Dec 10, 2018 | Docket: 8382944

Cited 3 times | Published

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

THE LAS OLAS HOLDING CO. v. MICHAEL DEMELLA a/p/r of the ESTATE OF ALANNA DEMELLA

228 So. 3d 97

District Court of Appeal of Florida | Filed: Jul 19, 2017 | Docket: 6122332

Cited 3 times | Published

whether the expert was qualified for purposes of section 90.702, Florida Statutes, given our reversal on the

State of Florida Department of Corr. v. Andrew Junod

217 So. 3d 200, 2017 Fla. App. LEXIS 5231

District Court of Appeal of Florida | Filed: Apr 13, 2017 | Docket: 4685702

Cited 3 times | Published

articles and failed to satisfy the requirements of section 90.702 of Florida’s Evidence Code and Daubert

Brilhart v. Brilhart ex rel. S.L.B.

116 So. 3d 617, 2013 WL 3335023, 2013 Fla. App. LEXIS 10703

District Court of Appeal of Florida | Filed: Jul 3, 2013 | Docket: 60232419

Cited 3 times | Published

admission of expert testimony is governed by section 90.702, which states, [i]f scientific, technical,

Hawkins v. State

933 So. 2d 1186, 2006 WL 1686611

District Court of Appeal of Florida | Filed: Jun 21, 2006 | Docket: 1712156

Cited 3 times | Published

the evidence or in determining a fact in issue. § 90.702, Fla. Stat. (1993). Second, the trial judge must

Damen v. State

793 So. 2d 106, 2001 WL 930004

District Court of Appeal of Florida | Filed: Aug 17, 2001 | Docket: 1266343

Cited 3 times | Published

witness's two roles can potentially cause problems. Section 90.702, Florida Statutes (1999), permits the introduction

State v. Nieto

761 So. 2d 467, 2000 WL 826841

District Court of Appeal of Florida | Filed: Jun 28, 2000 | Docket: 1299975

Cited 3 times | Published

174-75 (Fla.1993); La Villarena, 597 So.2d at 339; § 90.702, Fla. Stat. (1999). This court has said that:

Carrier v. Ramsey

714 So. 2d 657, 1998 WL 429155

District Court of Appeal of Florida | Filed: Jul 31, 1998 | Docket: 1513802

Cited 3 times | Published

about which he has been called to testify. See § 90.702, Fla. Stat. (1997). Also, if a party establishes

Gardner v. Holifield

639 So. 2d 652, 1994 WL 313696

District Court of Appeal of Florida | Filed: Jul 5, 1994 | Docket: 587460

Cited 3 times | Published

Holifield's cardiologic care for Roosevelt Gardner. See § 90.702, Fla. Stat. (1991); Burns v. Florida Department

Martuccio v. DEPT. OF PRO. REGULATION

622 So. 2d 607, 1993 WL 303092

District Court of Appeal of Florida | Filed: Aug 12, 1993 | Docket: 547020

Cited 3 times | Published

skill, experience, training, or education." Section 90.702, Fla. Stat. (1991). This court has ruled that

Adamson v. State

569 So. 2d 495, 1990 WL 149780

District Court of Appeal of Florida | Filed: Oct 9, 1990 | Docket: 2559267

Cited 3 times | Published

opinion the officer was not qualified to give. See § 90.702, Fla. Stat. (1989); Quinn v. Millard, 358 So.2d

Chambliss v. White Motor Corp.

481 So. 2d 6, 10 Fla. L. Weekly 2566, 1985 Fla. App. LEXIS 5936

District Court of Appeal of Florida | Filed: Nov 20, 1985 | Docket: 1529301

Cited 3 times | Published

knowledge, skill, experience, training or education. § 90.702, Fla. Stat. The trial judge has broad discretion

Simona Bunin v. Matrixx Initiatives, Inc., etc.

197 So. 3d 1109, 2016 WL 3090777, 2016 Fla. App. LEXIS 8353

District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3071347

Cited 2 times | Published

causation expert, based on the recent change to section 90.702, Florida Statutes (2013), which now requires

Florida Laundry Services v. Sage Condominium Association

193 So. 3d 68, 2016 WL 2342851, 2016 Fla. App. LEXIS 6733

District Court of Appeal of Florida | Filed: May 4, 2016 | Docket: 3060620

Cited 2 times | Published

reversed absent a clear showing of error”). Under section 90.702, Florida Statutes (2015), a witness may be

State of Florida v. Eric Lucas

183 So. 3d 1027, 41 Fla. L. Weekly Supp. 19, 2016 Fla. LEXIS 189, 2016 WL 339550

Supreme Court of Florida | Filed: Jan 28, 2016 | Docket: 3031846

Cited 2 times | Published

evidence or in determining a fact in issue.” See § 90.702, Fla. Stat. (2015), However, a fact witness is

Overton v. Jones

155 F. Supp. 3d 1253, 2016 U.S. Dist. LEXIS 3529, 2016 WL 145826

District Court, S.D. Florida | Filed: Jan 12, 2016 | Docket: 64306292

Cited 2 times | Published

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

Sierra v. Metropolitan Protective Services

188 So. 3d 863, 2015 Fla. App. LEXIS 14510, 2015 WL 5714621

District Court of Appeal of Florida | Filed: Sep 30, 2015 | Docket: 60254356

Cited 2 times | Published

causation, including an objection based on section 90.702, Florida Statutes (2013), governing the admissibility

Perez v. Bell South Telecommunications, Inc.

138 So. 3d 492, 2014 WL 1613654, 2014 Fla. App. LEXIS 5875

District Court of Appeal of Florida | Filed: Apr 23, 2014 | Docket: 60240683

Cited 2 times | Published

expert testimony in this state is governed by section 90.702 of the Florida Evidence Code. Until recently

Vega v. State Farm Mutual Automobile

45 So. 3d 43, 2010 Fla. App. LEXIS 12375, 2010 WL 3269227

District Court of Appeal of Florida | Filed: Aug 20, 2010 | Docket: 2399642

Cited 2 times | Published

knowledge, skill, experience, training, or education.” § 90.702, Fla. Stat. (2008) (emphasis added). This definition

DORBAD v. State

12 So. 3d 255, 2009 Fla. App. LEXIS 4448, 2009 WL 1272334

District Court of Appeal of Florida | Filed: May 11, 2009 | Docket: 1646912

Cited 2 times | Published

would not justify exclusion of this testimony. Section 90.702, Florida Statutes (2006), governs the admissibility

State v. Armstrong

920 So. 2d 769, 2006 WL 335513

District Court of Appeal of Florida | Filed: Feb 15, 2006 | Docket: 1730740

Cited 2 times | Published

irrelevant to any material issue. See Fla. Stat. § 90.702 (an expert's opinion "is admissible only if it

Sihle Ins. Group, Inc. v. Right Way Hauling, Inc.

845 So. 2d 998, 2003 Fla. App. LEXIS 7550, 2003 WL 21203314

District Court of Appeal of Florida | Filed: May 23, 2003 | Docket: 1432704

Cited 2 times | Published

subject upon which called to testify. Further, section 90.702, Florida Statutes, provides: If scientific

State v. Sercey

825 So. 2d 959, 2002 WL 1307480

District Court of Appeal of Florida | Filed: Jun 17, 2002 | Docket: 1312222

Cited 2 times | Published

admissible unless otherwise excluded by law. Section 90.702 provides: "If scientific, technical, or other

Tobin v. Leland

804 So. 2d 390, 2001 WL 1190894

District Court of Appeal of Florida | Filed: Oct 3, 2001 | Docket: 1699489

Cited 2 times | Published

the expert's income tax return is not. [8] See § 90.702, Fla. Stat. (2000) ("If scientific, technical

Horton v. Channing

698 So. 2d 865, 1997 WL 394892

District Court of Appeal of Florida | Filed: Jul 16, 1997 | Docket: 1524329

Cited 2 times | Published

posttrial motions. Testimony of Grief Expert Section 90.702, Florida Statutes, deals with admissibility

Beaulieu v. State

671 So. 2d 807, 1996 WL 111761

District Court of Appeal of Florida | Filed: Mar 15, 1996 | Docket: 1248197

Cited 2 times | Published

apparently relying on the "relevance" standard (section 90.702, Florida Statutes), the court stated that "if

Charlonne v. Rosenthal

642 So. 2d 632, 19 Fla. L. Weekly Fed. D 1941

District Court of Appeal of Florida | Filed: Sep 14, 1994 | Docket: 549588

Cited 2 times | Published

been filed of record. "An expert is defined in section 90.702[, Florida Statutes,] as a person who is qualified

Clair v. Glades County Bd. of Com'rs

635 So. 2d 84, 1994 WL 17259

District Court of Appeal of Florida | Filed: Jan 25, 1994 | Docket: 1352579

Cited 2 times | Published

the care furnished, we have not overlooked section 90.702 of the Florida Evidence Code, which broadly

Key v. Angrand

630 So. 2d 646, 1994 WL 6401

District Court of Appeal of Florida | Filed: Jan 11, 1994 | Docket: 481335

Cited 2 times | Published

helpful to the jury and was unfairly prejudicial. Section 90.702, Florida Statutes (1991), states: If scientific

Fred McGilvray, Inc. v. Delphian Group, Inc.

424 So. 2d 891, 1982 Fla. App. LEXIS 22014

District Court of Appeal of Florida | Filed: Dec 21, 1982 | Docket: 64594513

Cited 2 times | Published

Inc., 385 So.2d 676, 680 (Fla. 3d DCA 1980); § 90.702, Fla.Stat. (1981). The final judgment under review

Amaro v. State

272 So. 3d 853

District Court of Appeal of Florida | Filed: May 24, 2019 | Docket: 64715412

Cited 1 times | Published

evidentiary standard for approximately ten months. See § 90.702, Fla. Stat. (2014) (incorporating Daubert standard

Hayes Robertson Group v. Cherry

260 So. 3d 1126

District Court of Appeal of Florida | Filed: Dec 12, 2018 | Docket: 8395129

Cited 1 times | Published

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

Medina v. State

260 So. 3d 419

District Court of Appeal of Florida | Filed: Nov 28, 2018 | Docket: 8338741

Cited 1 times | Published

Dow Pharm., Inc., 509 U.S. 579 (1993), and section 90.702, Florida Statutes (2013). The trial court did

Melvin Douglas Hawthorne v. State of Florida

248 So. 3d 1261

District Court of Appeal of Florida | Filed: Jun 13, 2018 | Docket: 7143522

Cited 1 times | Published

testimony was not pure opinion testimony under section 90.702, Florida Statutes. We have previously noted

Monica A. Gutierrez, etc. v. Jose Luis Vargas, M.D., etc.

239 So. 3d 615

Supreme Court of Florida | Filed: Mar 22, 2018 | Docket: 6342213

Cited 1 times | Published

specialized knowledge" which informs their testimony. § 90.702, Fla. Stat. (2017). Because of this specialized

Ronnie Keith Williams v. State of Florida

226 So. 3d 758, 42 Fla. L. Weekly Supp. 706, 2017 WL 2806711, 2017 Fla. LEXIS 1432

Supreme Court of Florida | Filed: Jun 29, 2017 | Docket: 6082143

Cited 1 times | Published

psychology on the issue of intellectual disability. Section 90.702, Florida Statutes (2012), provides that a witness

Justin Ryan McMillian v. State of Florida

214 So. 3d 1274, 42 Fla. L. Weekly Supp. 459, 2017 WL 1366120, 2017 Fla. LEXIS 813

Supreme Court of Florida | Filed: Apr 13, 2017 | Docket: 4684620

Cited 1 times | Published

testimony regarding cell phone information. Under section 90.702, Florida Statutes (2010), expert testimony

& SC14-881 Charles L. Anderson v. State of Florida and Charles L. Anderson v. Julie L. Jones, etc.

220 So. 3d 1133

Supreme Court of Florida | Filed: Mar 9, 2017 | Docket: 4615977

Cited 1 times | Published

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

& SC13-2330 Michael A. Hernandez, Jr. v. State of Florida and Michael A. Hernandez, Jr. v. Julie L. Jones, etc.

180 So. 3d 978, 2015 WL 5445655

Supreme Court of Florida | Filed: Sep 17, 2015 | Docket: 2816844

Cited 1 times | Published

based on the Legislature’s 2013 amendment to section 90.702, Florida Statutes. He also contends, that the

Harrison v. State

33 So. 3d 727, 2010 Fla. App. LEXIS 3845, 2010 WL 1076350

District Court of Appeal of Florida | Filed: Mar 25, 2010 | Docket: 335617

Cited 1 times | Published

the evidence or determining a fact in issue. See § 90.702, Fla. Stat. (2007) (“If scientific, technical

Andrews v. Barton

974 So. 2d 1144, 2008 WL 372740

District Court of Appeal of Florida | Filed: Feb 13, 2008 | Docket: 2529511

Cited 1 times | Published

only if it can be applied to evidence at trial." § 90.702, Fla. Stat. (2006). Because the plaintiff's survey

Robinson v. State

818 So. 2d 588, 2002 WL 726636

District Court of Appeal of Florida | Filed: Apr 26, 2002 | Docket: 1652867

Cited 1 times | Published

assist the jury in determining a fact in issue. § 90.702, Fla. Stat. (2001). The courts generally agree

Olvera v. State

641 So. 2d 120, 1994 WL 390784

District Court of Appeal of Florida | Filed: Jul 29, 1994 | Docket: 1152088

Cited 1 times | Published

Evidence, which language is also contained in section 90.702, Florida Statutes (1993). Our supreme court

R.A.P. v. State

575 So. 2d 277, 1991 Fla. App. LEXIS 1692

District Court of Appeal of Florida | Filed: Feb 20, 1991 | Docket: 64656603

Cited 1 times | Published

Evidence § 701.1, at pp. 388-89 (2d ed. 1984); § 90.702, Fla.Stat. (1989). Because the record contains

A.A. v. State

461 So. 2d 165, 9 Fla. L. Weekly 2529, 1984 Fla. App. LEXIS 16418

District Court of Appeal of Florida | Filed: Dec 4, 1984 | Docket: 64608953

Cited 1 times | Published

experience, as an “expert” in marijuana identification. § 90.702, Fla.Stat. (1983). See Jones v. State, 440 So

A.A. v. State

461 So. 2d 165, 9 Fla. L. Weekly 2529, 1984 Fla. App. LEXIS 16418

District Court of Appeal of Florida | Filed: Dec 4, 1984 | Docket: 64608953

Cited 1 times | Published

experience, as an “expert” in marijuana identification. § 90.702, Fla.Stat. (1983). See Jones v. State, 440 So

Sedgwick Claims Management Services, the GEO Group, Inc. v. Ryan Thompson

District Court of Appeal of Florida | Filed: Sep 3, 2025 | Docket: 71258606

Published

Inc., 509 U.S. 579 (1993), and codified in section 90.702, Florida Statutes. admissibility of the report

Camden James Stukins v. State of Florida

District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098981

Published

training, or education to admit him as an expert. See § 90.702, Fla. Stat. (2023); Andres v. State, 254 So. 3d

Sunbelt Rentals, Inc. v. Melissa Burns, Etc.

District Court of Appeal of Florida | Filed: Feb 12, 2025 | Docket: 69632698

Published

were applied “reliably to the facts of the case.” § 90.702, Fla. Stat. His opinions were therefore admissible

Abel Curbelo Horta v. Citizens Property Insurance Corporation

District Court of Appeal of Florida | Filed: Jan 22, 2025 | Docket: 69565196

Published

2015) (“The Daubert[1] test as codified in section 90.702 requires (1) that the testimony be based on

Elizabeth Clark v. Kermit Hahn and Evelyn Hahn

District Court of Appeal of Florida | Filed: Dec 19, 2024 | Docket: 69481768

Published

may testify about it in the form of an opinion.” § 90.702, Fla. Stat. (2013). “The proponent of [the] expert

Citizens Property Insurance Corporation v. Ramon Arias

District Court of Appeal of Florida | Filed: Dec 4, 2024 | Docket: 69435181

Published

did not satisfy any of the three prongs of section 90.702 of the Florida Statutes.6 The trial court

Citizens of the State of Florida, etc. v. Andrew Giles Fay, etc.

Supreme Court of Florida | Filed: Nov 14, 2024 | Docket: 69374490

Published

constitutes an opinion on such a question of law. See § 90.702, Fla. Stat. (2021) (permitting expert testimony

James Walsh, Attorney Ad Litem, on Behalf of A.K.P., a Minor Child, and Statewide Guardian Ad Litem Office v. Department of Children and Families

District Court of Appeal of Florida | Filed: Sep 4, 2024 | Docket: 69127385

Published

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

James Herard v. State of Florida

Supreme Court of Florida | Filed: Jul 3, 2024 | Docket: 68913245

Published

admission of expert testimony is governed by section 90.702, Florida Statutes (2014). Among other requirements

Verna D. Tillman v. Mahlon O. Sweat

District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 67912835

Published

evidence or in determining a fact in issue.” See § 90.702, Fla. Stat. (2022). Testimony presented by a treating

Sharnika Lashay Moore-Bryant v. State of Florida

District Court of Appeal of Florida | Filed: May 15, 2024 | Docket: 68490740

Published

experience or training within the scope of section 90.702.” Charles W. Ehrhardt, 1 Fla. Prac., Evidence

Everett G. Miller v. State of Florida

Supreme Court of Florida | Filed: Feb 29, 2024 | Docket: 68295180

Published

at 551-52 (footnote omitted), we disagree. Section 90.702, Florida Statutes, amended as part of the

Bertha Fertil v. University of Miami, etc.

District Court of Appeal of Florida | Filed: Dec 13, 2023 | Docket: 68084207

Published

the Florida Legislature codified Daubert in section 90.702 of Florida’s Evidence Code. For an expert

J.A.R., a Child v. State of Florida

District Court of Appeal of Florida | Filed: Nov 8, 2023 | Docket: 68003673

Published

in admitting the testimony under Daubert and section 90.702. As to the other issues raised by appellant

JEFF COLE, ASHLEY DAVIS, MARIO CALDAROLA v. PLANTATION PALMS HOMEOWNWERS ASSOCIATION, INC.

District Court of Appeal of Florida | Filed: Sep 27, 2023 | Docket: 66799571

Published

observations are appropriate"). See also § 90.702, Fla. Stat. (2022) ("If scientific, technical

JUSTICE MICHAEL GURROLA vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 8, 2023 | Docket: 68034256

Published

or otherwise,” if certain requirements are met. § 90.702, Fla. Stat. (2021).

ASHI MENDELSON v. HARRIS S. HOWARD

District Court of Appeal of Florida | Filed: Oct 26, 2022 | Docket: 65635500

Published

methods reliably to the facts of the case.” § 90.702, Fla. Stat. (2020) (incorporating the standard

CHEN PENG AND XINGZHI CHEN v. CITIZENS PROPERTY INSURANCE CORPORATION

District Court of Appeal of Florida | Filed: Apr 13, 2022 | Docket: 63232484

Published

methods reliably to the facts of the case. § 90.702, Fla. Stat. (2020).

PHILIP MORRIS USA, INC. v. JAMES NAUGLE, as Personal Representative of the ESTATE OF LUCINDA NAUGLE

District Court of Appeal of Florida | Filed: Mar 2, 2022 | Docket: 63127630

Published

on attorney’s fees, as the plain language of section 90.702, Florida Statutes (2019), does not offer any

ROBERTO ISAAC v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 23, 2022 | Docket: 63108520

Published

11 qualifications under Daubert or section 90.702 of the Florida Statutes; therefore, the issue

NIMER ABDALLAH v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 22, 2021 | Docket: 61637658

Published

23 drug. See § 90.702, Fla. Stat. (2021). Specifically, the State sought

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. NOB HILL FAMILY CHIROPRACTIC a/k/a MICHAEL J. COHEN, D.C., P.A. a/a/o KENRICK GRANT

District Court of Appeal of Florida | Filed: Sep 29, 2021 | Docket: 60497137

Published

the language of the relevant Daubert statute, section 90.702, Florida Statutes. The only specific factual

STATE FARM AUTOMOBILE INSURANCE COMPANY v. THE IMAGING CENTER OF WEST PALM BEACH, LLC a/a/o JOSE GRACIA

District Court of Appeal of Florida | Filed: Sep 15, 2021 | Docket: 60385580

Published

did not meet the Daubert test as codified in section 90.702, Florida Statutes. Recently, the Third District

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. M & E DIAGNOSTIC SERVICES, INC., etc.

District Court of Appeal of Florida | Filed: Aug 18, 2021 | Docket: 60199052

Published

2 the Daubert1 test for admissibility under section 90.702 Florida Statutes (2020). The trial

CARLOS VEGA v. SAFEPOINT INSURANCE COMPANY

District Court of Appeal of Florida | Filed: Aug 18, 2021 | Docket: 60199074

Published

3072936, at *4 (Fla. 3d DCA July 21, 2021) (citing § 90.702, Fla. Stat. (2020)). Vega’s Expert specifically

UNITED AUTOMOBILE INSURANCE COMPANY v. CENTRAL THERAPY CENTER, INC., A/A/O PEDRO COSTA

District Court of Appeal of Florida | Filed: Jul 28, 2021 | Docket: 60088899

Published

WL 3072936, at *3. Indeed, the plain text of section 90.702, Florida Statutes, provides that experts may

UNITED AUTOMOBILE INSURANCE COMPANY v. PROGRESSIVE REHABILITATION AND ORTHOPEDIC SERVICES, LLC A/A/O YASEL ALONSO

District Court of Appeal of Florida | Filed: Jul 21, 2021 | Docket: 60073771

Published

Evidence Code, 278 So. 3d 551 (Fla. 2019). See also § 90.702, Fla. Stat. (2020). 3 Originally filed in the

ROYAL CARIBBEAN CRUISES, LTD. v. LISA SPEARMAN

District Court of Appeal of Florida | Filed: Apr 28, 2021 | Docket: 59860085

Published

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

ELEAZAR HERNANDEZ-PEREZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 31, 2021 | Docket: 59780282

Published

and there were no references to Daubert or section 90.702, Florida Statutes, at trial). 1Daubert v.

ANGEL ROBERTS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 24, 2021 | Docket: 59759013

Published

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

DOROTHY ARCHER v. TOWER HILL SIGNATURE INSURANCE COMPANY

District Court of Appeal of Florida | Filed: Mar 24, 2021 | Docket: 59759007

Published

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

LAJAYVIAN D. DANIELS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 24, 2021 | Docket: 59678204

Published

8 The Daubert standard is codified under section 90.702, Florida Statutes, which provides: If

SAMUEL M. WALKER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 9, 2020 | Docket: 18726925

Published

the admissibility of expert testimony under section 90.702, Florida Statutes (2019), under the abuse of

Cynthia L. Jackson v. Household Finance Corporation III

Supreme Court of Florida | Filed: Jul 2, 2020 | Docket: 17317801

Published

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

CID TORREZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 22, 2020 | Docket: 17089292

Published

methods reliably to the facts of the case. § 90.702, Fla. Stat. (2017); accord Daubert, 509 U.S. at

CID TORREZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 22, 2020 | Docket: 17089293

Published

case. 6 § 90.702, Fla. Stat. (2017); accord Daubert, 509 U.S. at

STATE OF FLORIDA v. MARCIA LYNNE SILLS

District Court of Appeal of Florida | Filed: Sep 18, 2019 | Docket: 16211760

Published

prevailing professional standard of care. As section 90.702, Florida Statutes (2018), provides:

JABARI KEMP v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 31, 2019 | Docket: 15992412

Published

testimony did not meet the requirements of section 90.702, Florida Statutes, and Daubert. We agree.

In Re: Amendments to the Florida Evidence Code

Supreme Court of Florida | Filed: May 23, 2019 | Docket: 15665581

Published

we note that the decision determined that section 90.702 of the Florida Evidence Code, as amended by

JABARI KEMP v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 8, 2019 | Docket: 15071947

Published

court admitted at trial pursuant to Daubert and section 90.702). 2 On the night of the accident, appellant

CRICKET KATHLEEN TOOLE v. STATE OF FLORIDA

270 So. 3d 371

District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 14560240

Published

as to the property’s value, as required by section 90.702, Florida Statutes. 41 In such circumstances

D.R. Horton, Inc. v. Heron's Landing Condo. Ass'n of Jacksonville, Inc.

266 So. 3d 1201

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64708542

Published

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

D.R. Horton, Inc. - Jacksonville v. Heron's Landing Condominium Association of Jacksonville, Inc.

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 8455145

Published

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

D.R. Horton, Inc. v. Heron's Landing Condo. Ass'n of Jacksonville, Inc.

266 So. 3d 1201

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64708543

Published

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

Crown Diversified Industries Corp. and Liberty Mutual etc. v. Eileen Prendiville

263 So. 3d 103

District Court of Appeal of Florida | Filed: Dec 10, 2018 | Docket: 8379699

Published

challenging the doctor’s expertise “under . . . section 90.702.” The E/C also objected to the doctor’s reliance

Medina v. State

District Court of Appeal of Florida | Filed: Nov 28, 2018 | Docket: 8342192

Published

Dow Pharm., Inc., 509 U.S. 579 (1993), and section 90.702, Florida Statutes (2013). The trial court did

LITTLE CLUB CONDOMINIUM ASSOCIATION v. MARTIN COUNTY

District Court of Appeal of Florida | Filed: Nov 21, 2018 | Docket: 8221308

Published

the evidence or in determining a fact in issue.” § 90.702, Fla. Stat. (2016). Cf. Gyongyosi v. Miller, 80

Little Club Condo. Ass'n v. Martin Cnty.

259 So. 3d 864

District Court of Appeal of Florida | Filed: Nov 21, 2018 | Docket: 64699462

Published

the evidence or in determining a fact in issue." § 90.702, Fla. Stat. (2016). Cf. Gyongyosi v. Miller ,

Charles Johnson v. State of Florida

254 So. 3d 617

District Court of Appeal of Florida | Filed: Aug 24, 2018 | Docket: 7740514

Published

to give specialized opinion testimony under section 90.702, Florida Statutes, and Daubert v. Merrell Dow

SDI Quarry a/k/a Atlantic Civil, Inc. v. Gateway Estates Park Condominium Association

249 So. 3d 1287

District Court of Appeal of Florida | Filed: Jun 22, 2018 | Docket: 7254058

Published

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

Sanchez v. State

245 So. 3d 933

District Court of Appeal of Florida | Filed: Apr 25, 2018 | Docket: 6374994

Published

including the asserted non-compliance with section 90.702, Florida Statutes (2014), and Daubert v

PHILIP MORRIS USA INC. and R.J. REYNOLDS TOBACCO CO. v. ROBERT A. GORE, SR. as personal rep. of the Est., etc.

238 So. 3d 828

District Court of Appeal of Florida | Filed: Feb 14, 2018 | Docket: 6304704

Published

Proctor’s ammonia testimony violated Daubert or section 90.702, Florida Statutes. Indeed, there are no references

JABARI KEMP v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240869

Published

because it did not meet the requirements of section 90.702, Florida Statutes (2015), and Daubert. 2 Because

In Re: Standard Jury Instructions in Civil Cases—report No. 17-02

228 So. 3d 531, 2017 WL 4985514

Supreme Court of Florida | Filed: Nov 2, 2017 | Docket: 6184677

Published

ON USE FOR 601.2 1. Expert witness, See F.S. 90.702 (1985), and Shaw v. Puleo, 159 So.2d 641 (Fla

Rhoades v. Rodriguez

212 So. 3d 1140, 2017 WL 1040892, 2017 Fla. App. LEXIS 3583

District Court of Appeal of Florida | Filed: Mar 17, 2017 | Docket: 4621378

Published

adopt the “Daubert amendment” to section 90.702, to the extent that it is procedural, due to

In Re: Amendments to the Florida Evidence Code

210 So. 3d 1231, 42 Fla. L. Weekly Supp. 179, 2017 WL 633770, 2017 Fla. LEXIS 338

Supreme Court of Florida | Filed: Feb 16, 2017 | Docket: 4586140

Published

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

David M. Baricko v. Barnett Transportation, Inc. and York Risk etc.

220 So. 3d 1219, 2017 WL 163692, 2017 Fla. App. LEXIS 404

District Court of Appeal of Florida | Filed: Jan 17, 2017 | Docket: 4568515

Published

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

Crane Co. v. DeLisle

206 So. 3d 94, 2016 Fla. App. LEXIS 16761

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 63630781

Published

Appellees challenged each expert’s opinions under section 90.702, Florida Statutes, which adopted the Daubert4

McNabb v. Taylor Elevator Corp.

203 So. 3d 184, 2016 Fla. App. LEXIS 12395

District Court of Appeal of Florida | Filed: Aug 17, 2016 | Docket: 4121183

Published

Daubert standard. See § 90.702, Fla. Stat. (201S). We decline to engage in such

DARRELL EDWARD BOYLES, Personal Representative v. Dillard's Inc.

199 So. 3d 315, 2016 Fla. App. LEXIS 11305, 2016 WL 3974849

District Court of Appeal of Florida | Filed: Jul 25, 2016 | Docket: 4113608

Published

velocity of [the] impact was minor.” According to section 90.702, Florida Statutes (2014): If scientific, technical

R.C. v. State

District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 3067226

Published

admissibility of expert testimony as stated in section 90.702, Florida Statutes (2014) (codifying Daubert)

R.C. v. State

192 So. 3d 606, 2016 WL 3003641, 2016 Fla. App. LEXIS 8106

District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 60255371

Published

admissibility of expert testimony as stated in section 90.702, Florida Statutes (2014) (codifying Dmbert)

Andrew Maines and Kenneth Maines v. Marcia Drasko Fox

190 So. 3d 1135, 2016 WL 1741950, 2016 Fla. App. LEXIS 6645

District Court of Appeal of Florida | Filed: May 3, 2016 | Docket: 3060115

Published

admissibility was adopted by the Legislature in section 90.702, Florida Statutes (2014). * See

State Farm Mutual Automobile Insurance Co. v. Long

189 So. 3d 335, 2016 Fla. App. LEXIS 6148, 2016 WL 1600606

District Court of Appeal of Florida | Filed: Apr 22, 2016 | Docket: 3061464

Published

about which the witness is called to . testify. § 90.702, Fla. Stat.; Fla. R. Civ. P. 1.390. The decision

L.L. v. State

District Court of Appeal of Florida | Filed: Apr 6, 2016 | Docket: 3051125

Published

3d 692 (Fla. 2013)). Section 90.702: Expert Opinion Testimony The parties

R.C. v. State

District Court of Appeal of Florida | Filed: Mar 11, 2016 | Docket: 3044938

Published

admissibility of expert testimony as stated in section 90.702, Florida Statutes (2014) (codifying Daubert)

Cass v. State

190 So. 3d 1105, 2016 Fla. App. LEXIS 3742, 2016 WL 920192

District Court of Appeal of Florida | Filed: Mar 11, 2016 | Docket: 3044941

Published

knowledge, skill, experience, training, or education.” § 90.702, Fla. Stat. (2012). But the State presented no

Megan E. Baan, as the Personal etc. v. Columbia County

180 So. 3d 1127

District Court of Appeal of Florida | Filed: Dec 7, 2015 | Docket: 3018839

Published

385, 387–88 (Fla. 1st DCA 2014). As amended, section 90.702 provides: If scientific, technical

Jones v. State

197 So. 3d 1085, 2015 Fla. App. LEXIS 17774, 2015 WL 7566260

District Court of Appeal of Florida | Filed: Nov 25, 2015 | Docket: 60256161

Published

this case, his testimony did not comply with section 90.702(3), Florida - Statutes (2013), which states

State Farm Mutual Automobile Insurance Company v. Pembroke Pines MRI, Inc., a/a/o Elias Cruz

171 So. 3d 814, 2015 Fla. App. LEXIS 11958, 2015 WL 4747535

District Court of Appeal of Florida | Filed: Aug 12, 2015 | Docket: 2683563

Published

affidavit for not meeting the standard required by section 90.702, Florida Statutes (2014), for testimony by

Perry v. City of St. Petersburg

171 So. 3d 224, 2015 Fla. App. LEXIS 11817, 2015 WL 4709418

District Court of Appeal of Florida | Filed: Aug 7, 2015 | Docket: 60249698

Published

required to address Claimant’s challenge, based on section 90.702, Florida Statutes, as amended July 1, 2013

Churchill v. State

169 So. 3d 1260, 2015 Fla. App. LEXIS 11181, 2015 WL 4486620

District Court of Appeal of Florida | Filed: Jul 24, 2015 | Docket: 60248844

Published

579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). See § 90.702, Fla. Stat. (2014); Perez v. Bell South Telecomm

In re Amendments to the Florida Family Law Rules of Procedure

154 So. 3d 301

Supreme Court of Florida | Filed: Dec 18, 2014 | Docket: 60294020

Published

investigator must be qualified as an expert under section 90.702, Florida Statutes, to testify regarding the

In Re: Amendments to the Florida Family Law Rules of Procedure

154 So. 3d 301, 39 Fla. L. Weekly Supp. 774, 2014 Fla. LEXIS 3779, 2014 WL 7212609

Supreme Court of Florida | Filed: Dec 18, 2014 | Docket: 2616693

Published

investigator must be qualified as an expert under section 90.702, Florida Statutes, to testify regarding the

Conley v. State

129 So. 3d 1120, 2013 Fla. App. LEXIS 20242, 2013 WL 6703503

District Court of Appeal of Florida | Filed: Dec 20, 2013 | Docket: 60237302

Published

Fla. Specifically, consistent with Daubert, section 90.702, Florida Statutes (2013), was amended to provide:

In re Amendments to the Florida Rules of Juvenile Procedure

123 So. 3d 1128, 38 Fla. L. Weekly Supp. 697, 2013 WL 5476883, 2013 Fla. LEXIS 2139

Supreme Court of Florida | Filed: Oct 3, 2013 | Docket: 60234859

Published

39.522(3), Fla. Stat.); ch. 2013-107 (amending § 90.702, Fla. Stat.); ch.2013-112, §§ 3, 4, Laws of Fla

State v. M.R.

100 So. 3d 272, 2012 Fla. App. LEXIS 19622, 2012 WL 5500528

District Court of Appeal of Florida | Filed: Nov 14, 2012 | Docket: 60225762

Published

weight accorded an officer's testimony). See also § 90.702, Fla. Stat. (2011) (providing "[i]f scientific

Lynch v. Secretary, Department of Corrections

897 F. Supp. 2d 1277, 2012 WL 4377812, 2012 U.S. Dist. LEXIS 136981

District Court, M.D. Florida | Filed: Sep 25, 2012 | Docket: 65985498

Published

discrete circumstances, it does not here. Under section 90.702, Florida Statutes, expert testimony is admissible

L.B. v. Naked Truth III, Inc.

117 So. 3d 1114, 2012 WL 385526, 2012 Fla. App. LEXIS 1545

District Court of Appeal of Florida | Filed: Feb 8, 2012 | Docket: 60232541

Published

evidence, or in determining a fact issue ...,” § 90.702, Fla. Stat. (1985), but “expert testimony is not

Feacher v. Total Employee Leasing/Guarantee Insurance Co.

61 So. 3d 1236, 2011 Fla. App. LEXIS 7429, 2011 WL 1938210

District Court of Appeal of Florida | Filed: May 23, 2011 | Docket: 60300417

Published

status from the date of accident forward. See § 90.702, Fla. Stat. (2010) (allowing experts to offer

Stokes v. Schindler Elevator Corp./Broadspire

60 So. 3d 1110, 2011 Fla. App. LEXIS 6601, 2011 WL 1744156

District Court of Appeal of Florida | Filed: May 9, 2011 | Docket: 60300061

Published

required by the Workers’ Compensation Law. See § 90.702, Fla. Stat. (providing qualified expert witness

Janssen Pharmaceutical Products, L.P. v. Hodgemire

49 So. 3d 767, 2010 Fla. App. LEXIS 11781, 2010 WL 3191767

District Court of Appeal of Florida | Filed: Aug 13, 2010 | Docket: 60296849

Published

Thus, generally objecting to the expert under section 90.702, Florida Statutes, is insufficient. See United

Special v. Baux

52 So. 3d 682, 2010 Fla. App. LEXIS 9114, 2010 WL 2523942

District Court of Appeal of Florida | Filed: Jun 23, 2010 | Docket: 60297836

Published

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

Diamond Regal Development, Inc. v. Matinnaz Construction, Inc.

1 So. 3d 1104, 2009 Fla. App. LEXIS 233, 2009 WL 56033

District Court of Appeal of Florida | Filed: Jan 12, 2009 | Docket: 1174147

Published

assist the jury in determining an issue of fact. § 90.702, Fla. Stat. (2007). A witness must have sufficient

Orpe v. Carnival Corp.

909 So. 2d 929, 2005 Fla. App. LEXIS 12010, 2005 WL 1812994

District Court of Appeal of Florida | Filed: Aug 3, 2005 | Docket: 64840215

Published

the expert was qualified to opine on the matter. § 90.702, Fla. Stat. (2004). This was emphasized by the

Barfield v. State

880 So. 2d 768, 2004 WL 1330284

District Court of Appeal of Florida | Filed: Jun 16, 2004 | Docket: 1689331

Published

will assist the jury in determining a fact issue. § 90.702, Fla. Stat. (2002); Angrand, 657 So.2d at 1148

Barfield v. State

880 So. 2d 768, 2004 WL 1330284

District Court of Appeal of Florida | Filed: Jun 16, 2004 | Docket: 1689331

Published

will assist the jury in determining a fact issue. § 90.702, Fla. Stat. (2002); Angrand, 657 So.2d at 1148

Ago

Florida Attorney General Reports | Filed: Dec 15, 2003 | Docket: 3257660

Published

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

Ago

Florida Attorney General Reports | Filed: Dec 15, 2003 | Docket: 3257660

Published

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

Sidran v. E.I. Dupont De Nemours & Co.

925 So. 2d 1040, 2003 Fla. App. LEXIS 18116, 2003 WL 22799515

District Court of Appeal of Florida | Filed: Nov 26, 2003 | Docket: 64843698

Published

the evidence or in determining a fact in issue.” § 90.702, Fla. Stat. (1999). Moreover, an expert opinion

Hicks v. State

751 So. 2d 658, 1999 Fla. App. LEXIS 17290, 1999 WL 1259918

District Court of Appeal of Florida | Filed: Dec 29, 1999 | Docket: 64795187

Published

abuse its discretion in allowing them to testify. § 90.702, Fla. Stat. (1997). They did not testify about

Dean Witter Reynolds, Inc. v. Cichon

692 So. 2d 313, 1997 Fla. App. LEXIS 4846, 1997 WL 216204

District Court of Appeal of Florida | Filed: May 2, 1997 | Docket: 64772654

Published

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

Humble v. State

652 So. 2d 1213, 1995 WL 134208

District Court of Appeal of Florida | Filed: Mar 29, 1995 | Docket: 475904

Published

the evidence or in determining a fact in issue." § 90.702, Fla. Stat. (1991). Appellant failed to preserve

Burgess v. Department of Health & Rehabilitative Services

650 So. 2d 687, 1995 Fla. App. LEXIS 1567, 1995 WL 63080

District Court of Appeal of Florida | Filed: Feb 17, 1995 | Docket: 64754372

Published

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

Beatty v. State

606 So. 2d 453, 1992 Fla. App. LEXIS 10357, 1992 WL 259782

District Court of Appeal of Florida | Filed: Oct 7, 1992 | Docket: 64670680

Published

witness was qualified based on the criteria of Section 90.702, Florida Statutes (1989). We reject the contention

McCrow v. Department of Health & Rehabilitative Services

574 So. 2d 1233, 1991 Fla. App. LEXIS 1636, 1991 WL 26827

District Court of Appeal of Florida | Filed: Mar 5, 1991 | Docket: 64656543

Published

3d DCA 1985), aff'd, 502 So.2d 1244 (Fla.1987); § 90.702, Fla.Stat. (1989). Reversed and remanded.

Hall v. State

568 So. 2d 882, 15 Fla. L. Weekly Supp. 454, 1990 Fla. LEXIS 1126

Supreme Court of Florida | Filed: Sep 6, 1990 | Docket: 64653868

Published

Barnes, 197 So.2d 26 (Fla. 4th DCA 1967). See § 90.702, Fla.Stat. (1989). Although Bal-mer may be qualified

Ritzer v. Jefferson Stores, Inc.

516 So. 2d 48, 12 Fla. L. Weekly 2725, 1987 Fla. App. LEXIS 11868, 1987 WL 2017

District Court of Appeal of Florida | Filed: Dec 2, 1987 | Docket: 64631197

Published

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

In re Standard Jury Instructions Civil Cases

503 So. 2d 319, 12 Fla. L. Weekly 91, 1987 Fla. LEXIS 2699

Supreme Court of Florida | Filed: Feb 5, 1987 | Docket: 64625417

Published

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

Brown v. State

477 So. 2d 609, 10 Fla. L. Weekly 2141, 1985 Fla. App. LEXIS 15823

District Court of Appeal of Florida | Filed: Sep 12, 1985 | Docket: 64614967

Published

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

Leonard v. State

424 So. 2d 82, 1982 Fla. App. LEXIS 22227

District Court of Appeal of Florida | Filed: Dec 15, 1982 | Docket: 64594373

Published

opinion evidence by the arresting officer. See § 90.702, Fla.Stat. (1981). If such evidence were precluded

Estate of Horowitz v. City of Miami Beach

420 So. 2d 936, 1982 Fla. App. LEXIS 21527

District Court of Appeal of Florida | Filed: Oct 26, 1982 | Docket: 64592736

Published

discretion by excluding the expert testimony. Section 90.702, Fla.Stat. (1979); Fla.R.Civ.P. 1.390(a). Mr

State v. Fuller

387 So. 2d 1040, 1980 Fla. App. LEXIS 17576

District Court of Appeal of Florida | Filed: Sep 16, 1980 | Docket: 64578014

Published

the evidence or in determining a fact in issue.” § 90.702, Fla.Stat. (1979). Relevant evidence is that which