“This is an important step forward in improving Florida’s legal climate, and providing predictability in the courtroom, stability for job creators, and greater economic prosperity for Floridians,” said David Hart, Executive Vice President of the Florida Chamber of Commerce.
With today’s opinion, the Sunshine State will no longer be an outlier since the Florida Supreme Court will now join the U.S. Supreme Court, all federal courts and most states in using the Daubert standard. Unlike the Frye test, Daubert is a more flexible standard that provides more analysis and expert opinions.
Essentially, Daubert makes the judge the gatekeeper in determining evidence admissibility. Meanwhile, under Frye, the scientific community can determine admissibility.
Florida courts will now use the same fair and simple standard that implements a multi-faceted test to decide on the admissibility of expert evidence. This method is used in all federal courts, while over half of U.S. states have adopted the Daubert standard.
The Florida Chamber-backed Daubert standard, was passed by the Florida Legislature in 2013. However, former activist Supreme Court justices refused to adopt the Daubert standard into the Florida Evidence Code.
That all changed when Governor Ron DeSantis took office.
Due to the mandatory retirement of three justices, Gov. DeSantis appointed three new justices. Today’s opinion marks a significant departure from the previous court and signals a court that may help end Florida’s reign as a “judicial hellhole.”