Pursuing Truth and Justice in Florida’s Courtrooms:
Larry Metz’s Efforts to Enhance
Expert Testimony Standards
In a significant effort to modernize Florida’s judicial system and strengthen the standard for admitting expert testimony, Representative Larry Metz played a pivotal role in the passage of House Bill 7015 during the 2013 legislative session. This important legislation replaced Florida’s long-standing Frye standard with the federal Daubert standard. This change not only brought Florida in line with most other states and all federal courts but also earned Metz recognition as the 2013 “Most Valuable Legislator” by the Florida Chamber of Commerce.
At the heart of Metz’s initiative was a long-standing dedication to seeking truth and justice. With over 30 years of experience in civil litigation and extensive legislative experience on various judicial and appropriations committees, Metz combined legal expertise with effective leadership in a debate that lasted over eight years. His push for the Daubert standard represented not just a technical modification to Florida’s rules of evidence but a principled commitment to seeking truth and justice through expert testimony vetted for reliability with scientific rigor.
Why Choose Daubert Over Frye?
Prior to the 2013 reform, Florida courts relied on the Frye standard, established from a 1923 case that permitted expert testimony only if it demonstrated “general acceptance” within the scientific community. This approach often allowed untested or overly subjective opinions into Florida courts—opinions that would not pass the more stringent scrutiny applied in federal courts since 1993.
In contrast, the Daubert standard, originating from the 1993 U.S. Supreme Court case known as Daubert v. Merrell Dow Pharmaceuticals, introduced a three-part test. Under Daubert, judges must assess whether expert testimony is:
- Based on sufficient facts or data;
- Derived from reliable principles and methods; and
- Based on reliable application of such principles and methods to the facts of the case.
This framework aims to eliminate “junk science” and “pure opinion” testimony in Florida courtrooms and reinforces the role of judges as gatekeepers of scientifically valid testimony.
Lasting Legislative Impact
Metz’s commitment to enhancing the standard for expert evidence was a long-term endeavor. As a state representative first elected in 2010, he sponsored the bills and championed this initiative in the Florida Legislature for three consecutive annual sessions. Despite opposition from influential legal interest groups, including plaintiffs’ attorneys and the Florida Bar Board of Governors, Metz’s sound legal reasoning and commitment to improving the administration of justice helped garner bipartisan support.
On June 5, 2013, Governor Rick Scott signed House Bill 7015 into law. Metz’s leadership was crucial in positioning Florida for the ultimate adoption of the more stringent Daubert standard for expert testimony. In the words of the Florida Chamber: “Updating Florida’s expert evidence standards will help improve on Florida’s 41st worst legal climate ranking.”
Inter-branch Comity: A Legislator’s Advocacy in the Supreme Court of Florida
In a rare instance for a sitting legislator, Metz appeared and advocated for adoption of the Daubert standard before the Florida Supreme Court in the rules of evidence adoption proceedings filed as Case No. SC16-181. As opposition groups sought to have the law deemed procedural rather than substantive, and therefore beyond the constitutional authority of the legislature to enact, Metz submitted a formal letter and participated in oral arguments, stressing the merits of the Daubert standard. Metz stated: “Replacing the outdated Frye standard with the modern Daubert standard will enable Florida judges to evaluate expert testimony for reliability and accuracy.”
As the sitting chair of the House Justice Appropriations Subcommittee with responsibility for writing the House’s budget proposals for the judicial branch for fiscal years 2013-14 and 2014-15 and negotiating those proposals with the Florida Senate for those fiscal years, Metz was uniquely qualified to rebut arguments that Daubert would increase litigation costs or hinder access to justice. Although Metz’s bill was enacted into law and widely reported in the news and legal media, he represented to the court that he had not been approached by any judges in Florida seeking additional funding to offset the claimed burden of following the Daubert standard. Metz also asserted that “We don’t see a flood of issues arising in those other jurisdictions,” in response to concerns regarding the impact on personal injury cases.
Uniting Legal Principles with Practical Reform
What distinguished Metz’s initiative was not only the successful passage of the Daubert standard in the third year he filed the bill but also the extensive coalition of support it garnered. Business groups, criminal defense attorneys, and scientific communities rallied behind Daubert, acknowledging that reliable and vetted expert testimony is essential in both civil and criminal trials.
John Morrison of the Florida Public Defender Association expressed that organization’s support for Daubert, asserting that it ensures “better science” in courtroom evidence. The adoption of Daubert, therefore, represented not just a reform driven by business interests but a broader judicial advancement embraced across the legal landscape. Even with such broad support it took until 2019 for the Florida Supreme Court to reverse its decision rejecting Daubert in the 2016 rules of evidence adoption proceeding and finally adopt Metz’s 2013 bill as a rule of evidence in Florida courts.
Daubert: Part of A Lasting Legacy of Seeking Truth and Justice in Florida Courtrooms
Metz’s leadership in transitioning Florida to the Daubert standard represents a significant milestone in the state’s legal history. It illustrates how a resolute legislator, equipped with legal knowledge and a commitment to seeking truth and justice, can influence policies that impact countless individuals and endure over time.
As David Hart, executive vice president of the Florida Chamber of Commerce, remarked: “Thanks to Representative Metz’s efforts, Florida’s expert evidence standards have now advanced into the 21st century.”
Through his advocacy for Daubert, Larry Metz has ensured that expert testimony in Florida courts adheres to the highest standards of scientific reliability and intellectual integrity – a legacy founded on his commitment to the pursuit of truth and justice.