NFIB/Florida worked to pass a law that requires witnesses used in litigation
trials to be an expert in the field about which they are testifying. This change
in the evidence code helps fight frivolous lawsuits and reduce damages in tort
cases – not only improving the accuracy of legal outcomes, but limiting small
business owners’ liability exposure.
Now, the Florida Supreme Court is considering ignoring that
law in their rewriting of Florida’s evidence code.
“The Supreme Court is exercising sweeping overreach by attempting to take
action to unwind a bill passed by the Florida Legislature under their policy
making authority as our elected representatives,” said Bill Herrle,
NFIB/Florida’s Executive Director. “What’s more – they are attempting to
subvert the legislature without a case even being brought before them. They are
not a rulemaking body, yet they are trying to negate legislation and thwart the
will of the people.”As a result,
NFIB/Florida has submitted official comments to the Florida Supreme
Court in support of the Daubert standard.
“The Florida Supreme Court has gone too far by attempting to unilaterally undo
legislation outside of their scope, and small business owners will not stand
for this gross overreach of their powers,” Herrle said. “We urge the court to
adopt the Daubert standard and accept the will of the Florida Legislature and
the Florida citizens they represent.”