This week, the Florida Bar’s Board of Governors may end up pushing the state Supreme Court to review and reject a relatively new standard governing expert witness testimony.

In June 2013, Florida Gov. Rick Scott signed into law a bill amending the state’s evidence code, replacing the Frye standard with the Daubert standard. Under Florida’s new standard — which took effect July 1, 2013 — an expert must be qualified, the testimony must fit the facts of the case and the methodology used must be testable and reproducible.

There has been public comment from both sides, those supporting the Daubert standard and those who prefer the Frye standard. However, Federal courts and more than half of the nation has adopted the Daubert standard.

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