Scientific expert testimony bill dies in the Senate

The end of the 2011 legislative session came on May 7, 2011, without the Florida Senate taking up a proposal to change the standard by which judges can admit expert scientific testimony.

Gov. Rick Scott wanted 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.

A bill passed the House on May 2 to make the change, but one did not make it to the Senate floor. That means the proposal cannot be taken up until next year. So we rate this promise Stalled.