The state of Florida follows the Frye test for the admissibility of expert witness testimony. Holy Cross Hospital, Inc. v. Marrone, 816 So.2d 1113 (Fla. Dist. Ct. App. 2001). Under the Frye test, pure opinion testimony from an expert witness is not admissible. Id. To allow expert witness testimony, said testimony must be deduced from a “principle of discovery” that is “sufficiently established to have gained general acceptance in the particular field in which it belongs.” Id. If the expert is testifying to an opinion based on “the experts’ own experience, observation, or research” it is not admissible under the Frye test. Id. The Frye test is applicable to expert witness testimony that has been deduced by the expert “applying [a] new and novel scientific principle, formula, or procedure developed by others.” Id. There must be “general acceptance of both the underlying scientific principle and the testing procedure used to apply that principle to the facts of the case at hand.” Id.
