Almost four years ago, the Florida Legislature replaced the Frye standard, which governed the admissibility of expert testimony in Florida for decades, with the Daubert standard, which governs in federal courts and the majority of state courts around the country.
The Daubert standard was codified in Florida pursuant to amended Florida Statute Section 90.702 and has been applied by lower courts ever since. However, as referenced in the Florida Supreme Court’s opinion Feb. 16, the amendment was met with severe opposition by attorneys throughout the state.
