Category: Evidence · Statute: F.S. 90.702 · Source: Florida Legislature
Understanding Daubert Standard (Expert Testimony) in Florida
In Florida courts, the Daubert standard governs whether an expert witness is allowed to testify before a jury. Codified under Section 90.702 of the Florida Statutes, this evidentiary rule requires the trial judge to act as a "gatekeeper." Before an expert can offer an opinion on scientific, technical, or specialized matters, the judge must determine if the testimony is based on sufficient facts or data, is the product of reliable principles and methods, and if the witness has reliably applied those principles to the facts of the case. This standard ensures that "junk science" is excluded from the courtroom.
The Daubert standard replaced the older Frye standard, which only looked at whether a technique was "generally accepted" in the scientific community. Under Daubert, Florida judges examine specific factors to assess reliability, such as whether the expert's theory has been tested, subjected to peer review, has a known error rate, and maintains operational standards. This standard arises frequently in criminal cases involving complex evidence, such as DNA analysis, toxicology reports, accident reconstruction, or ballistic testing, where the validity of the state's scientific evidence can make or break the prosecution's case.
How Daubert Affects Pretrial Release and Bail
While Daubert challenges are typically resolved at trial, they can heavily influence pretrial release and Arthur hearings for non-bailable offenses. If the state’s proof of guilt is dependent on novel scientific evidence, a defense attorney can argue at a bond hearing that the evidence fails the Daubert standard. Demonstrating that the prosecution's key forensic evidence is unreliable can weaken the state's case, prompting the judge to lower the bail amount or grant pretrial release.