In 2013, spurred by the decisions in Marsh and Hood, the Florida Legislature amended F.S. 90.702 to mirror Federal Rule of Evidence 702. In a preamble to the final bill, the Legislature expressed its intent to (1) adopt the standards set forth in the U.S. Supreme Court’s Daubert trilogy and (2) prohibit “pure opinion testimony as provided in Marsh…”
The Plaintiff’s Bar Parries
Ordinarily, this definitive a legislative adoption of Daubert and rejection of Frye and pure opinion would be the end of the story. But Florida plaintiffs’ lawyers immediately mounted a challenge to the amendment based on the separation of powers provisions of the Florida Constitution, and they had a liberal and receptive Supreme Court.