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Florida Supreme Court rejects Daubert procedural amendments to the Florida Evidence Code

February 16, 2017


Today, the Florida Supreme Court declined to adopt a procedural amendment to section 90.702 of the Florida Evidence Code. The amendment adopted the Daubert standard to replace the Frye standard for the admission of expert opinion evidence. Before this  2013 amendment, Frye had been the law in Florida. The majority based its decision on what it characterized as “grave concerns about the constitutionality of the [Daubert] amendment.”


In a dissenting opinion, Justices Polston and Justice Canady challenged the characterization that there were constitutional issues regarding the amendment, noting that the United States Supreme Court had decided Daubert v. Merrell Dow Pharmaceuticals, Inc., more than 20 years ago; that federal courts have routinely applied the Daubert rule since; and that “36 states have rejected Frye in favor of Daubert to some extent.”



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