Change in expert testimony rules approved by House, fate unclear in Senate

Florida Gov. Rick Scott's promise to change the standard in which courts consider expert scientific testimony passed the Florida House of Repsentatives on May 2, 2011, but it's unclear whether the measure will be taken up in the Senate.

Scott wants Florida to adopt what is commonly called the "Daubert" standard for admitting expert scientific testimony. The Daubert standard -- named after a 1993 U.S. Supreme Court decision in the case of Daubert v. Merrell Dow Pharmaceuticals -- asks judges to more closely scrutinize expert testimony before admitting the testimony into a trial.

The state currently uses something called the "Frye" standard -- another standard for admitting expert scientific testimony that resulted from a 1923 Supreme Court case.

Republican House sponsor Rep. Larry Metz of Eustis said during floor debate that the change will put Florida in line with the majority of states, and said it will better prevent juries from hearing "junk science."

The Daubert standard creates what most believe is a more rigorous threshold for admitting scientific evidence and therefore, it is often considered more pro-defendant. Metz said the different burden will help create a better climate for business in the state. The Daubert test provides that an expert may testify or evidence may be introduced if the testimony is based on sufficient facts or data, the testimony is the product of reliable principles and methods, and the witness has applied the principles and methods reliably to the facts.

The bill, HB 391, passed the House 83-33.

But the measure must still pass the Senate. There, the bill's prospects are uncertain. The Senate version, SB 822, has been considered by only one Senate committee and technically is awaiting action in the Senate Budget Committee -- which is not scheduled to meet again this session. The bill or its provisions could still be brought to the floor, however, or tacked on to another piece of legislation.

We'll be watching. This promise remains In the Works.