The 2023 Florida Statutes (including Special Session C)
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. . . Although the legislature amended sections 90.702 and 90.704, Florida Statutes (2013), to replace the . . .
. . . Powers's testimony stem from the evidentiary requirements set forth in sections 90.704 and 440.09(1). . . .
. . . embroiled in the legislative amendments to the Florida Evidence Code (amending sections 90.702 and 90.704 . . . Applying the more rigorous standard, Daubert and its codification in sections 90.702 and 90.704, the . . .
. . . embroiled in the legislative amendments to the Florida Evidence Code (amending sections 90.702 and 90.704 . . . Applying the more rigorous standard, Daubert and its codification in sections 90.702 and 90.704, the . . .
. . . and 2, Laws of Florida (Daubert Amendment), which amended sections 90.702 (Testimony by experts) and 90.704 . . . recommendation and decline to adopt, to the extent they are procedural, the changes to sections 90.702 and 90.704 . . . DISCUSSION Daubert Amendment The Daubert Amendment amended sections 90.702 and 90.704, Florida Statutes . . . Next, the Legislature amended section 90.704 as follows: The facts or data upon which an expert bases . . .
. . . See § 90.704, Fla. Stat. (2014). . . .
. . . . § 90.704 (“The facts or data upon which an expert bases an opinion or inference may be those perceived . . .
. . . However, beginning July 1, 2013, the Florida Legislature amended sections 90.702 and 90.704 of the Florida . . .
. . . See § 90.704, Fla. Stat. (2013). . . . Section 90.704, Florida Statutes, which governs the basis of opinion testimony by experts, provides as . . . The Florida Supreme Court has specifically concluded that section 90.704 permits a medical expert to . . . For the surrogate medical examiner’s testimony to be admissible, it must satisfy both section 90.704 . . . Gara-vaglia’s qualifications or argue that her testimony would violate section .90.704. . . .
. . . We held that under section 90.704, .Florida Statutes (1987), a medical examiner may, in his or her expert . . .
. . . Section 90.704, Florida Statutes (2013), “Basis of Opinion testimony by experts,” provides: The facts . . .
. . . (revisions emphasized). .That this is so is further confirmed by an amendment made to section 90.704 . . . As of July 1, 2013, section 90.704 was amended to read: The facts or data upon which an expert bases . . .
. . . Section 90.704, Florida Statutes (2012), also specifically provides that: The facts or data upon which . . . Section 90.704 and the case law applying this statute have broadened the basis of expert opinion to include . . . 452, 454-55 (Fla. 4th DCA 1997) (relying on this Court’s analysis in Bender and holding that section 90.704 . . .
. . . evidence, [the expert] still could have relied on the test to give his opinion .... ”); see also § 90.704 . . .
. . . Section 90.704, Florida Statutes (2009), provides: The facts or data upon which an expert bases an opinion . . . “of a type reasonably relied upon by experts in [her] subject to support the opinion expressed.” § 90.704 . . .
. . . Fossum, 946 So.2d 1032, 1036 (Fla.2006) (quoting § 90.704, Fla. Stat. (2005)). . . .
. . . Capehart relied on section 90.704, Florida Statutes (1987), which provided that an expert may, in forming . . . another, where such information is of a type reasonably relied upon by experts in the field); accord § 90.704 . . .
. . . . § 90.704, Fla. Stat. (2010). . . .
. . . Dildy a type of fact that could bear on his opinion under section 90.704, Florida Statutes (2009). . . .
. . . Section 90.704, Florida Statutes (2009), provides that an expert may base his or her opinion on facts . . .
. . . In forming opinions, experts can rely on information which is not itself admissible, under section 90.704 . . .
. . . Section 90.704, Florida Statutes (2009), makes this clear by providing that facts or data upon which . . .
. . . Pursuant to sections 90.704-.705, Florida Statutes (2005), Dr. . . . Since sections 90.704-.705 permit expert opinion without disclosure of the facts or data upon which the . . . Section 90.704, Florida Statutes (2005), further provides guidelines for the data upon which an expert . . .
. . . provided to an expert witness become discoverable if used as a basis for the expert’s opinion, see §§ 90.704 . . .
. . . Section 90.704, Florida Statutes (2006), governs the use of expert testimony and provides in pertinent . . .
. . . Section 90.704, Florida Statutes (2007), permits an expert to base an opinion on inadmissible facts or . . .
. . . See § 90.704, Fla. Stat. (2007); Dozier v. . . .
. . . opinion expressed, the facts or data need not be admissible in evidence.’ ” Id. at 1048 (quoting § 90.704 . . . facts or data are a type reasonably relied upon by experts in the subject.’ ” Id. at 1033 (quoting § 90.704 . . .
. . . . § 90.704, Fla. Stat. (2006); Fridovich v. . . .
. . . Shaw to establish his reliance on the reports in performing his evaluation under section 90.704, Masters . . . Section 90.704, Florida Statutes Even if Masters had preserved this argument, he ignores the fact that . . . the State sought to admit testimony regarding the disciplinary reports under section 90.704, Florida . . . Even though this testimony was not specific enough to meet the predicate required under section 90.704 . . .
. . . .” § 90.704, Fla. Stat. (2005). . . . Section 90.704, which was modeled after Federal Rule of Evidence 703, significantly expanded the facts . . . Before the adoption of section 90.704, with limited exceptions, an expert’s opinion was admissible at . . . Initially, we note that by- its plain terms section 90.704 is restricted to “facts or data reasonably . . . Yancey & Sons Dairy, Inc., 438 So.2d 891, 893 (Fla. 2d DCA 1983) (concluding that section 90.704 “does . . . Section 90.704, Florida Statutes (2005), states: The facts or data upon which an expert bases an opinion . . . Soon after the adoption of section 90.704, the Third District Court of Appeal correetly observed that . . . State, 472 So.2d 1370, 1372 (Fla. 3d DCA 1985) (quoting § 90.704, Fla. Stat. . . . majority, without citing to any authority, asserts in its opinion that “by its plain terms section 90.704 . . .
. . . discovering the foundation of an expert’s opinion, must be considered in connection with those of section 90.704 . . . Section 90.704 states in part that “[t]he facts or data upon which an expert bases an opinion or inference . . . See § 90.704, Fla. . . .
. . . Section 90.704, Florida Statutes (2005), provides: The facts or data upon which an expert bases an opinion . . .
. . . Section 90.704, Florida Statutes (2000), provides that an expert is permitted to express an opinion on . . . However, this Court held that under section 90.704, a medical examiner may testify relying on facts or . . .
. . . basis for her order denying the requested attendant care, turns on a proper interpretation of section 90.704 . . .
. . . Seaboard Coast Line R.R., 429 So.2d 1216, 1222 (Fla. 1st DCA 1983); § 90.704, Fla. Stat. (2004). . . .
. . . Section 90.704, Florida Statutes (2004), provides that: If the facts or data are of a type reasonably . . .
. . . Under sections 90.704 and 90.705, Florida Statutes, an expert may state his or her opinion without setting . . .
. . . The Linns acknowledge that under section 90.704, Florida Statutes, the facts or data relied upon by an . . . Fos-sum’s view of section 90.704. . . . By quite straightforward analogy, the rule in Sikes is that under section 90.704, an expert may not pin . . . The Fourth District has also delineated the appropriate scope of section 90.704. In Schwarz v. . . . Conclusion I conclude that section 90.704 is a practical rule that allows experts testifying in court . . . . § 90.704, Fla. Stat. (2003). . . . Section 90.704 enables a party to present an expert opinion that is based in part on a hearsay statement . . . It is true that section 90.704 does not authorize the admission of an opinion that is based exclusively . . .
. . . See § 90.704, Fla. Stat. (1999); Riggins v. . . .
. . . Section 90.704, Florida Statutes (2001), provides that an expert may base his opinion on “facts or data . . .
. . . The trial judge’s handling of Allen’s testimony is a textbook example of how section 90.704, Florida . . . Citing to section 90.704, the first district rejected this argument, because the sources of information . . . The essence of Riggins is that section 90.704 “does not ‘typically permit an expert to render an opinion . . . An example of improper bolstering under section 90.704 occurs when an accident reconstruction expert . . . (quoting § 90.704, Fla. Stat. (1987)). . . .
. . . qualified as an expert witness on “field street narcotics to sell and simple possession” under section 90.704 . . .
. . . impairment based on the presence of intoxicants such as alcohol and marijuana,” and that “under Section 90.704 . . . Section 90.704 provides: “The facts or data upon which an expert bases an opinion or inference may be . . .
. . . Evidence Code section 90.704, Florida Statutes (2001), provides: “The facts or data upon which an expert . . .
. . . Section 90.704, Florida Statutes (1998), provides: The facts or data upon which an expert bases an opinion . . .
. . . Under section 90.704, Florida Statutes (1999), “Experts may rely upon hearsay in forming their opinions . . .
. . . See § 90.704, Fla. Stat. (1999); see also Capehart v. . . .
. . . Sections 90.402; 90.403; 90.702; 90.704, Fla. Stat. (1987). . . .
. . . expert’s opinion on wind speed and direction was admissible even if the underlying data were not, see § 90.704 . . .
. . . and for directed verdict, the trial judge expressly cited Florida Evidence Code sections 90.702 and 90.704 . . . Section 90.704 adds that: “The facts or data upon which an expert bases an opinion or inference may be . . . Section 90.704, too, is not actually an exclusionary rule at all but instead merely provides that the . . . And just as important, there is nothing in sections 90.702, 90.704 or 766.102 that bars a medical expert . . . See §§ 90.702, 90.704 and 766.102. . . . .
. . . Floro’s reliance on Coon’s antemortem dental records was permissible under section 90.704, Florida Statutes . . . Section 90.704, Florida Statutes (1995), provides: The facts or data upon which an expert bases an opinion . . .
. . . Urbach could testify as to such medical records based on section 90.704, Florida Statutes (1995). . . . Section 90.704 provides: 90.704 Basis of opinion testimony by experts. — The- facts or data upon which . . . Under section 90.704, an expert is generally permitted to express opinions which are based, at least . . .
. . . experts can rely, in forming their opmions, on information which is not itself admissible, under section 90.704 . . . Ann. § 90.704, at 216 (1979). Our statute is modeled after Federal Rule of Evidence 703. . . .
. . . . § 90.704, Fla. Stat. (1995)(substantively identical to 1991 version). . . .
. . . Section 90.704, Florida Statutes (1995), permits an expert to rely on facts which have not been admitted . . .
. . . Appellants’ assertion that Russell’s only concern giving rise to an objection based on section 90.704 . . . are of a type reasonably relied upon by experts in the subject to support the opinion expressed.” § 90.704 . . . if he found it admissible, despite its failure to meet the standard for admissibility under section 90.704 . . .
. . . . § 90.704, Fla. Stat. (1991). . . .
. . . . § 90.704, Fla.Stat. (1993); see Capehart v. . . .
. . . Section 90.704 further provides that facts or data relied upon by the expert to support the opinion expressed . . .
. . . in facts and data reasonably relied upon by experts in the field of real property valuation, section 90.704 . . .
. . . Section 90.704, Florida Statutes (1993), does not “typically permit an expert to render an opinion exclusively . . .
. . . . § 90.704, Fla.Stat. (1991). . . .
. . . First Union cited section 90.704 of the Florida Evidence Code, which permits an expert witness to base . . .
. . . admissible is not objectionable because it includes an ultimate issue to be decided by the trier of fact. 90.704 . . .
. . . See § 90.704, Fla.Stat. (1991). . . .
. . . Under section 90.704, Florida Statutes (1991), “The facts or data upon which an expert bases an opinion . . .
. . . on data on which other experts in the field rely, but which has not been admitted into evidence, § 90.704 . . .
. . . As to data underlying an expert opinion, Section 90.704 states that the facts or data upon which an expert . . .
. . . This approach appears to be altogether consistent with Section 90.704, Florida Statutes (1985), permitting . . .
. . . Section 90.704, Florida Statutes (1987), provides that an expert may rely on facts or data not in evidence . . .
. . . Section 90.704, Florida Statutes (1989), provides: The facts or data upon which an expert bases an opinion . . . See also Sponsor’s Note to § 90.704, West’s Fla.Stat.Annot. at 216-17; C. . . .
. . . Section 90.704, Florida Statutes (1987) provides that: [t]he facts or data upon which an expert bases . . . [Sjection 90.704 and the modern cases recognize that the traditional constraints of the hearsay rule . . . Ann. § 90.704, at 216 (1979), must be permitted. . . .
. . . Sections 90.702 and 90.704, Florida Statutes (1989), provide: 90.702 Testimony by experts. — If scientific . . . form of an opinion; however, the opinion is admissible only if it can be applied to evidence at trial. 90.704 . . .
. . . Sections 90.402; 90.403; 90.702; 90.704, Fla.Stat. (1987). . . .
. . . Sons Dairy, 438 So.2d 891, 893 (Fla. 2d DCA 1983), review denied, 447 So.2d 885 (Fla.1984) (Section 90.704 . . .
. . . Section 90.704, provides: The facts or data upon which an expert bases an opinion or inference may be . . . State, 472 So.2d 1370 (Fla. 3d DCA 1985); § 90.704, Fla.Stat. . . . In reversing the conviction, the court, relying on section 90.704, held that the hearsay rule poses no . . .
. . . The trial court permitted this testimony because section 90.704, Florida Statutes (1987), permits an . . . understand the police officer’s testimony concerning an odor of alcohol, we do not believe that section 90.704 . . .
. . . Assuming the hospital records themselves are properly authenticated, neither section 90.704, Florida . . . State, 472 So.2d 1370 (Fla.3d DCA 1985); § 90.704, Fla.Stat. . . .
. . . We find his testimony in that regard was competent and admissible pursuant to sections 90.703 and 90.704 . . .
. . . Couvertier, 409 So.2d 1174 (Fla. 3d DCA 1982); § 90.704, Fla. . . .
. . . consideration of whether the testimony of the local expert doctor was also admissible under section 90.704 . . . circumstances of this case, that the evidence here under consideration was also admissible under section 90.704 . . . In so concluding, we are not unmindful that section 90.704 should not be used to subvert other evidentiary . . .
. . . Florida Evidence Code § 90.704 specifically permits an expert to base an opinion upon facts or data of . . .
. . . State, 472 So.2d 1370 (Fla. 3d DCA 1985); § 90.704, Fla.Stat. (1983). . . . give an opinion based upon the facts in the record, based upon other information authorized by section 90.704 . . . Rather than allowing appellant to do so as dictated by section 90.704, and section 90.705, Florida Statutes . . .
. . . objectionable because it includes an ultimate issue to be decided by the trier of fact,” and section 90.704 . . .
. . . However, it should be noted that under § 90.704 the basis of an expert’s testimony does not have to be . . .
. . . State, 289 So.2d 725, 728-29 (Fla.1974), or vitiated by Section 90.704, Florida Statutes (1983). . . .
. . . Phillips, 368 So.2d 98 (Fla. 3d DCA 1979); §§ 90.703, 90.704, Fla.Stat. (1983); § 440.39(3)(a), Fla.Stat . . .
. . . The court’s stated reason for allowing the study to come into evidence was Section 90.704, Florida Statutes . . .
. . . .” § 90.704, Fla.Stat. (1983). . . . Thus, Section 90.704 and the modern eases recognize that the traditional constraints of the hearsay rule . . . of court and other than by his own perception,” Law Revision Council Note (1976), 6C Fla.Stat.Ann. § 90.704 . . .
. . . Gragor’s opinion under Sections 90.704 and 90.705(1), FLA. STAT. . . .
. . . . § 90.704, Fla.Stat. (1979); see Quinn v. Millard, 358 So.2d 1378 (Fla. 3d DCA 1978). . . .
. . . Section 90.704, Florida Statutes, states: The facts or data upon which an expert bases an opinion or . . .