Fla. High Court Adopts Daubert Standard For Evidence

In a decision that now mirrors the federal rules as well as 36 other states, the Florida Supreme Court has adopted a higher standard for expert testimony.

Florida once followed the Frye standard but has now adopted the Daubert standard. The new rules will require a 5 prong test to weigh the validity of expert testimony. Back in 2013 the Florida Legislature passed the Daubert standard as law but that move was quickly invalidated as the Florida Justices deemed it to be violative of the separation of powers holding that only they had the power to make such a move.

Previously under the Frye standard the expert opinion was admissible as long as it was a generally accepted principle in that experts field or if the expert could support his opinion through his/her own experience and training. Now, for an experts opinion to be admissible it must be both relevant and reliable with the court putting greater scrutiny on the underlying principles used to get to that opinion.