§ 90.702, Fla. Stat. — Testimony by Experts (the Daubert Standard)
Plain English
This is Florida’s expert-witness rule, and it changed in a big way. In 2013 the Legislature replaced Florida’s old Frye “general acceptance” test with the federal Daubert standard, and the Florida Supreme Court formally adopted Daubert in 2019. Under it, an expert can only testify if three things are true: the opinion is based on sufficient facts or data, it’s the product of reliable principles and methods, and the expert applied those methods reliably to the facts of the case. The judge acts as a “gatekeeper,” screening out unreliable or junk-science opinions before they ever reach the jury. In practice that means more pretrial fights over whether an expert gets to take the stand at all.
From the Courtroom
Since Florida moved to Daubert, the expert battle often happens before trial even starts — at a Daubert hearing where the other side tries to keep your expert off the stand entirely. Win or lose that hearing and you have often won or lost the case, because a jury never hears an opinion the judge has shown the door.
Key Points & Authority
- § 90.702, Fla. Stat. — Adopts the three-part Daubert reliability test (sufficient facts/data; reliable principles and methods; reliable application) with the trial judge as gatekeeper.
- 2013 amendment (ch. 2013-107): replaced Florida’s former Frye general-acceptance standard; the Florida Supreme Court adopted the Daubert amendments in 2019.
- Federal parallel: Fed. R. Evid. 702 — Florida’s text now tracks the federal rule almost word-for-word.
Federal Parallel
The federal counterpart is Fed. R. Evid. 702, the rule that established the Daubert reliability framework Florida now follows.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
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.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.702 adopts the federal Daubert standard for expert testimony: an expert may testify only if the opinion is based on sufficient facts or data, is the product of reliable principles and methods, and the expert applied those methods reliably — with the judge as gatekeeper. The 2013 amendment replaced Florida’s former Frye test.