... THE NEW RULE IN FLORIDA.
The Governor of Florida has now signed the bills that change the rules. Expert Witness Testimony in Florida will likely soon be governed by the law set out in the May 22, 2013 post here, changing from an admission standard set by Frye and its progeny 90 years ago to an admission standard first set only 20 years ago in Daubert: "Governor Inks Expert Witness, Med Mal Bills" p. 9, col. 1 (Florida Bar News, June 15, 2013).
"These are reasonable standards, yet they weren't practiced in Florida." That is what Mr. Scott, the Governor of Florida, reportedly said when he signed the bill into law. Id.
We can all already hear the people who will say something like, "So, what's your point?" Pay no attention to them.
At this point, in fact, it will be up to the Supreme Court of Florida to adopt the new statute passed by the Florida Legislature as a new rule of Court binding upon the Florida Courts. That is reasonable to expect, but the new standard of admitting Expert Witness Testimony in Florida Courts will not be "a done deal" until then.
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