Effective immediately the Daubert standard for the admission of scientific evidence has replaced the Frye standard in Florida. The legislature previously attempted to do the same thing but it was decided by the Florida Supreme Court that for constitutional reasons it was within the Court’s rule making powers to change the standard for the admission of scientific evidence in Florida’s Courts and not that of the legislature.
The majority opinion of the Florida Supreme Court Opinion Stated in part as to the rationale for the replacement as follows:
“Additionally, as outlined in the Committee minority report, the Daubert amendments remedy deficiencies of the Frye standard. Whereas the Frye standard only applied to expert testimony based on new or novel scientific techniques and general acceptance, Daubert provides that “the trial judge must ensure that any and all scientific testimony or evidence admitted is not only relevant, but reliable.” Daubert, 509 U.S. at 589 (holding that the Federal Rules of Evidence superseded Frye). Moreover, also as argued in the minority report, the Daubert amendments will create consistency between the state and federal courts with respect to the admissibility of expert testimony and will promote fairness and predictability in the legal system, as well as help lessen forum shopping.”
The following is a link to the full opinion:
What about time-sharing, visitation, custody ,and parental responsibility for a service member’s children when the service member is being deployed?
Florida has adopted the Uniform Deployed Parents Custody and Visitation Act. Florida Statute Section 61.703 et seq.
The Act has sections that relate to giving notice of deployment, out of court agreements for the period of deployment, the possibility of a non-parent having temporary care-taking responsibility during a deployment, and expedited proceedings where agreements can not be reached out of court so an order can be entered prior to deployment and not during the deployment.
This Act serves to supplement the Service members Civil Relief Act, formerly known as the Soldiers and Sailors Civil Relief Act, which also provides some protections for service members.
If you or the other parent of your child are a service member who is being deployed and you have questions about your legal rights you are welcome to contact us to arrange a consultation with an attorney.