TALLAHASSEE -- A more stringent standard on expert testimony is currently being used in Florida's courts following a ruling by the state Supreme Court.
State courts are now operating under the Daubert standard, replacing Frye, and coming into line with the federal benches. It came into immediate effect following the Florida Supreme Court's late-May decision.
The court decision reverses one handed down in 2017, which found that there were "grave constitutional concerns" over the use of Daubert. The reversal comes some months after three justices, of mandatory retirement age, were replaced. All were regarded as part of the more liberal wing of the court.
Under the Daubert standard, there is a five-point test on the scientific basis for the testimony, and experts must attend a hearing prior to giving testimony. According to Law.com, Frye allows "experts to testify based on their opinion, bringing evidence that could be somewhat new or novel, not necessarily repeatable or peer-reviewed."
"One key takeaway is that for about 30 years, Florida courts have had two systems for admitting expert testimony, one in federal, and one in state," Dan Gerber, of Rumberger, KIrk and Caldwell, told the Florida Record. "The main point is that [this] brings all the Florida courts under a single standard."
Gerber noted that "very few" states, and their courts, now operate under the Frye standard, adding "I do not view this as a political decision … this decision recognizes Daubert as the prevailing standard."
As for the impact on the court system in Florida, Gerber said that for the majority of litigants it will not make a difference as expert testimony is drawn on in more complex cases.
The Florida legislature passed a law in 2013 ordering the the Daubert standard, However, in 2017 the state Supreme Court exercised its right to manage what happens inside the state's courts and ruled that it would not be introduced.