Florida Statute 90.702 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.702

90.702 Testimony by experts.—If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion or otherwise, if:

(1) The testimony is based upon sufficient facts or data;

(2) The testimony is the product of reliable principles and methods; and

(3) The witness has applied the principles and methods reliably to the facts of the case.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 1, ch. 2013-107.

F.S. 90.702 on Google Scholar

F.S. 90.702 on Casetext

Amendments to 90.702

Arrestable Offenses / Crimes under Fla. Stat. 90.702

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.702.

Annotations, Discussions, Cases:

Cases Citing Statute 90.702

Total Results: 20

James Walsh, Attorney Ad Litem, on Behalf of A.K.P., a Minor Child, and Statewide Guardian Ad Litem Office v. Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-04T00:00:00-07:00

Snippet: it did not satisfy the requirements of section 90.702, Florida Statutes (2023), which is a codification…methods reliably to the facts of the case. § 90.702, Fla. Stat. (2022). Courts have recognized that

James Herard v. State of Florida

Court: Fla. | Date Filed: 2024-07-03T00:00:00-07:00

Snippet: admission of expert testimony is governed by section 90.702, Florida Statutes (2014). Among other requirements… methods reliably to the facts of the case.” § 90.702(2)-(3), Fla. Stat. Here the trial court excluded

Verna D. Tillman v. Mahlon O. Sweat

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-12T00:00:00-07:00

Snippet: evidence or in determining a fact in issue.” See § 90.702, Fla. Stat. (2022). Testimony presented by a treating…possess the expert knowledge contemplated by section 90.702 and that knowledge informs the treating physician

Sharnika Lashay Moore-Bryant v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-15T00:00:00-07:00

Snippet: experience or training within the scope of section 90.702.” Charles W. Ehrhardt, 1 Fla. Prac., Evidence §

Everett G. Miller v. State of Florida

Court: Fla. | Date Filed: 2024-02-29T00:00:00-08:00

Snippet: 2013-107, Laws of Fla. (“WHEREAS, by amending s. 90.702, Florida Statutes, the Florida Legislature intends…551-52 (footnote omitted), we disagree. Section 90.702, Florida Statutes, amended as part of the Daubert…expert may testify without offering an opinion. § 90.702, Fla. Stat. (2023) (permitting an expert to testify…” We find no abuse of discretion. Section 90.702 permits a trial court to qualify an expert witness…credentials or study, we decline to rewrite section 90.702. We deny this claim.

Bertha Fertil v. University of Miami, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-13T00:00:00-08:00

Snippet: Florida Legislature codified Daubert in section 90.702 of Florida’s Evidence Code. For an expert witness…and methods reliably to the facts of the case.” § 90.702, Fla. Stat. (2022). Appellate courts review a …facts which enable him to express a 3 See § 90.702, Fla. Stat. (2022). 4 Fertil’s medical history

J.A.R., a Child v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-08T00:00:00-08:00

Snippet: section 90.702 and Daubert. The state responded that the testimony satisfied section 90.702 and Daubert…admitting the testimony under Daubert and section 90.702. As to the other issues raised by appellant, we…expert’s testimony satisfied Daubert and section 90.702. A trial court’s ruling on the admissibility…admissibility of expert testimony under section 90.702, Florida Statutes (2021), is reviewed under the abuse of … So. 3d 81, 88 (Fla. 4th DCA 2019). Section 90.702 codifies the Daubert standard as follows:

JEFF COLE, ASHLEY DAVIS, MARIO CALDAROLA v. PLANTATION PALMS HOMEOWNWERS ASSOCIATION, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-09-27T00:00:00-07:00

Snippet: observations are appropriate"). See also § 90.702, Fla. Stat. (2022) ("If scientific, technical

JUSTICE MICHAEL GURROLA vs STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-09-08T00:00:00-07:00

Snippet: otherwise,” if certain requirements are met. § 90.702, Fla. Stat. (2021). …been admitted as expert testimony under section 90.702). 6 In

MARIA MESA v. CITIZENS PROPERTY INSURANCE CORPORATION

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-28T23:53:00-08:00

Snippet: Stat. (2021) (“Except as otherwise provided in s. 90.702, a witness may not testify to a matter unless

HECTOR ENRIQUE MOJICAPHIPPS vs STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-12-22T00:00:00-08:00

Snippet: Stat. (2021) (“Except as otherwise provided in s. 90.702, a witness may not testify to a matter unless

ASHI MENDELSON v. HARRIS S. HOWARD

Court: Fla. Dist. Ct. App. | Date Filed: 2022-10-26T00:53:00-07:00

Snippet: methods reliably to the facts of the case.” § 90.702, Fla. Stat. (2020) (incorporating the standard …the Florida Evidence Code). Neither section 90.702 nor our case law require that an attorney have

CHEN PENG AND XINGZHI CHEN v. CITIZENS PROPERTY INSURANCE CORPORATION

Court: Fla. Dist. Ct. App. | Date Filed: 2022-04-13T00:53:00-07:00

Snippet: methods reliably to the facts of the case. § 90.702, Fla. Stat. (2020). …testimony satisfied the three prongs of section 90.702 (see footnote 4, supra), and that Chen established

PHILIP MORRIS USA, INC. v. JAMES NAUGLE, as Personal Representative of the ESTATE OF LUCINDA NAUGLE

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-01T23:53:00-08:00

Snippet: attorney’s fees, as the plain language of section 90.702, Florida Statutes (2019), does not offer any basis

ROBERTO ISAAC v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-02-22T23:53:00-08:00

Snippet: 11 qualifications under Daubert or section 90.702 of the Florida Statutes; therefore, the issue

NIMER ABDALLAH v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-12-21T23:53:00-08:00

Snippet: 23 drug. See § 90.702, Fla. Stat. (2021). Specifically, the State sought

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. NOB HILL FAMILY CHIROPRACTIC a/k/a MICHAEL J. COHEN, D.C., P.A. a/a/o KENRICK GRANT

Court: Fla. Dist. Ct. App. | Date Filed: 2021-09-29T00:53:00-07:00

Snippet: language of the relevant Daubert statute, section 90.702, Florida Statutes. The only specific factual findings

STATE FARM AUTOMOBILE INSURANCE COMPANY v. THE IMAGING CENTER OF WEST PALM BEACH, LLC a/a/o JOSE GRACIA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-09-15T00:53:00-07:00

Snippet: not meet the Daubert test as codified in section 90.702, Florida Statutes. Recently, the Third District

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. M & E DIAGNOSTIC SERVICES, INC., etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-08-18T00:53:00-07:00

Snippet: the Daubert1 test for admissibility under section 90.702 Florida Statutes (2020). The trial court…satisfy the Daubert requirements under section 90.702 as it was largely based on personal opinion and…WL 3072936, at *3). “[T]he plain text of section 90.702, Florida Statutes, provides that experts may be…experience, training, or education.’” Id. (quoting § 90.702, Fla. Stat.). “Under Daubert, the expert affidavit…find that Dr. Dauer’s opinion satisfies section 90.702 and is not pure opinion testimony based on speculation

CARLOS VEGA v. SAFEPOINT INSURANCE COMPANY

Court: Fla. Dist. Ct. App. | Date Filed: 2021-08-18T00:53:00-07:00

Snippet: 3072936, at *4 (Fla. 3d DCA July 21, 2021) (citing § 90.702, Fla. Stat. (2020)). Vega’s Expert specifically