The Supreme Court of Florida December 12 declined to adopt the Florida Bar Code and Rules of Evidence Committee’s recommendation to adopt an amendment to the Florida Evidence Code that would require an expert witness in a medical negligence action to be licensed in the state under the same provisions as the defendant or possess a valid expert witness certificate issued by the state.

Although the Committee voted 14-13 in favor of the provision, the high court noted that the Board of Governors voted 34-5 to recommend that the court reject the Committee’s proposal on the grounds that the provision is unconstitutional, will have a chilling effect on the ability to obtain expert witnesses, and is prejudicial to the administration of justice.

The court said it follow the Board of Governor’s recommendations “due to the concerns raised.”

In Re: Amendments To The Florida Evidence Code, No. SC13-98 (Fla. Dec. 12, 2013).