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Florida Statute 90.901 | Lawyer Caselaw & Research
F.S. 90.901 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 90.901

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.901
90.901 Requirement of authentication or identification.Authentication or identification of evidence is required as a condition precedent to its admissibility. The requirements of this section are satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.
History.s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.

F.S. 90.901 on Google Scholar

F.S. 90.901 on Casetext

Amendments to 90.901


Arrestable Offenses / Crimes under Fla. Stat. 90.901
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.901.



Annotations, Discussions, Cases:

Cases from cite.case.law:

THOMPSON, v. STATE, 253 So. 3d 684 (Fla. App. Ct. 2018)

. . . ." § 90.901, Fla. Stat. (2016). . . .

BANK OF NEW YORK MELLON, v. GARCIA,, 254 So. 3d 565 (Fla. App. Ct. 2018)

. . . ." § 90.901, Fla. Stat. (2016). . . .

THIRD FEDERAL SAVINGS LOAN ASSOCIATION OF CLEVELAND, v. G. KOULOUVARIS a k a, 247 So. 3d 652 (Fla. App. Ct. 2018)

. . . See § 90.901, Fla. . . . sufficient evidence "to support a finding that the matter in question is what its proponent claims." § 90.901 . . . State, 946 So.2d 988, 1000 (Fla. 2006) ("While section 90.901 requires the authentication or identification . . .

J. LAMB, v. STATE, 246 So. 3d 400 (Fla. App. Ct. 2018)

. . . ." § 90.901, Fla. Stat. (2016). . . .

ASENCIO, Jr. v. STATE, 244 So. 3d 294 (Fla. App. Ct. 2018)

. . . ." § 90.901, Fla. Stat. (2016). . . .

WARWICK CORPORATION, H. E. S. v. TURETSKY,, 227 So. 3d 621 (Fla. Dist. Ct. App. 2017)

. . . See § 90.901, Fla. Stat. (2016). . . .

JOHNSON, v. STATE, 215 So. 3d 644 (Fla. Dist. Ct. App. 2017)

. . . We begin our analysis of Evans by emphasizing that it is not premised on section 90.901, Florida Statutes . . .

MULLENS, v. STATE, 197 So. 3d 16 (Fla. 2016)

. . . See § 90.901, Fla. Stat. (2008). . . .

SANTANA, v. STATE, 191 So. 3d 946 (Fla. Dist. Ct. App. 2016)

. . . .” § 90.901, Fla. Stat. (2014). . . . audio recordings, “there [is] no specific list of requirements” to determine compliance with section 90.901 . . .

HIDDEN RIDGE CONDOMINIUM HOMEOWNERS ASSOCIATION, INC. v. ONEWEST BANK, N. A., 183 So. 3d 1266 (Fla. Dist. Ct. App. 2016)

. . . the “authentication” of the business records, a condition precedent to admissibility under section 90.901 . . .

L. T. v. STATE, 183 So. 3d 472 (Fla. Dist. Ct. App. 2016)

. . . See § 90.901, Fla. . . .

THOMAS, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 643 F. App'x 827 (11th Cir. 2016)

. . . . § 90.901. . . .

CLARK, v. STATE, 170 So. 3d 69 (Fla. Dist. Ct. App. 2015)

. . . See § 90.901, Fla. . . .

LERNER, v. HALEGUA,, 154 So. 3d 445 (Fla. Dist. Ct. App. 2014)

. . . Section 90.901, Florida Statutes (2014), states: Authentication or identification of evidence is required . . .

BEAZLEY, v. STATE, 148 So. 3d 552 (Fla. Dist. Ct. App. 2014)

. . . See § 90.901, Fla. Stat. (2013). . . .

HILDWIN, v. STATE, 141 So. 3d 1178 (Fla. 2014)

. . . .” § 90.901, Fla. Stat. (2013). . . .

VILSAINT, v. STATE, 127 So. 3d 647 (Fla. Dist. Ct. App. 2013)

. . . Section 90.901, Florida Statutes (2010), addresses authentication and provides that it is a condition . . .

GOSCIMINSKI, v. STATE, 132 So. 3d 678 (Fla. 2013)

. . . Section 90.901, Florida Statutes (2009), requires the authentication or identification of a document . . . However, the requirements of section 90.901 “are satisfied by evidence sufficient to support a finding . . . that the matter in question is what its proponent claims.” § 90.901, Fla. . . .

JOHNSON, v. STATE, 117 So. 3d 1238 (Fla. Dist. Ct. App. 2013)

. . . . § 90.901, Fla. Stat. (2010). . . .

D. D. B. v. STATE, 109 So. 3d 1184 (Fla. Dist. Ct. App. 2013)

. . . See § 90.901, Fla. . . .

MACK, v. STATE, 106 So. 3d 1011 (Fla. Dist. Ct. App. 2013)

. . . Section 90.901, Florida Statutes (2010), requires the authentication or identification of a document . . .

VAUGHAN, v. BROWARD GENERAL MEDICAL CENTER, 105 So. 3d 569 (Fla. Dist. Ct. App. 2012)

. . . Section 90.901, Florida Statutes (2011), states, “Authentication or identification of evidence is required . . . See § 90.901, Fla. Stat. (2011). . . .

SYMONETTE, v. STATE, 100 So. 3d 180 (Fla. Dist. Ct. App. 2012)

. . . Section 90.901 addresses the authentication of evidence. . . . evidence sufficient to support a finding that the matter in question is what its proponent claims.” § 90.901 . . .

LOPEZ, v. STATE, 97 So. 3d 301 (Fla. Dist. Ct. App. 2012)

. . . . § 90.901, Fla. Stat. . . .

STATE v. WILBURN,, 93 So. 3d 1115 (Fla. Dist. Ct. App. 2012)

. . . Section 90.901, Florida Statutes (2010), provides “[ajuthentication ... of evidence is required as a . . .

CORTINAS, v. STATE, 91 So. 3d 903 (Fla. Dist. Ct. App. 2012)

. . . . § 90.901, Fla. Stat. (2006). . . .

TUTOR TIME CHILD CARE LEARNING CENTERS v. PATTERSON,, 91 So. 3d 264 (Fla. Dist. Ct. App. 2012)

. . . to the hearsay rule under section 90.803(6), Florida Statutes, but also an exception to the section 90.901 . . . Section 90.901, Florida Statutes (2008), states, “[ajuthentication or identification of evidence is required . . .

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, v. W. DARRAGH,, 95 So. 3d 897 (Fla. Dist. Ct. App. 2012)

. . . admissible as an exception to the hearsay rule, section 90.803(8), provided they are authenticated, section 90.901 . . .

STATE v. HOLLAND,, 76 So. 3d 1032 (Fla. Dist. Ct. App. 2011)

. . . Crawford, the court never determined whether the State properly authenticated the videotape under section 90.901 . . .

D. J. a v. STATE, 67 So. 3d 1191 (Fla. Dist. Ct. App. 2011)

. . . we agree that the court below erred in admitting this evidence without proper authentication, see § 90.901 . . .

UNITED AUTOMOBILE INSURANCE COMPANY, v. ESTATE OF D. LEVINE, HOWARD,, 87 So. 3d 782 (Fla. Dist. Ct. App. 2011)

. . . .” § 90.901, Fla. Stat. (2009). . . .

STATE v. R. HAMPTON,, 44 So. 3d 661 (Fla. Dist. Ct. App. 2010)

. . . Chain of Custody as Preliminary Evidence of Identity under Section 90.901 We are not convinced that L.R . . . issue in this case, addressing the admissibility of an exhibit, are properly analyzed under section 90.901 . . . Under section 90.901, evidence of a chain of custody is provided as preliminary or foundational evidence . . . evidence of a matter merely indicates initial sufficiency for presentation to the trier of fact. § 90.901 . . . This too is an issue involving foundational or predicate evidence under section 90.901, but it is not . . .

KNIGHT, v. STATE, 20 So. 3d 451 (Fla. Dist. Ct. App. 2009)

. . . .” § 90.901, Fla. Stat. (2008). . . .

AMOS, v. GARTNER, INC., 17 So. 3d 829 (Fla. Dist. Ct. App. 2009)

. . . See § 90.901, Fla. Stat. (2008). . . .

ACOSTA, v. STATE, 3 So. 3d 1289 (Fla. Dist. Ct. App. 2009)

. . . See § 90.901, Fla. Stat. (2006); Jackson v. State, 979 So.2d 1153, 1154 (Fla. 5th DCA 2008). . . .

SUNBELT HEALTH CARE AHS, v. GALVA,, 7 So. 3d 556 (Fla. Dist. Ct. App. 2009)

. . . See § 90.901, Fla. Stat. (2007). The use of circumstantial evidence to authenticate is permissible. . . .

OQUENDO, v. STATE, 2 So. 3d 1001 (Fla. Dist. Ct. App. 2008)

. . . . § 90.901, Fla. Stat. (2007). . . .

K. BUSH, v. STATE, 992 So. 2d 412 (Fla. Dist. Ct. App. 2008)

. . . . § 90.901, Fla. Stat. (2005); Charles W. Ehrhardt, Florida Evidence §§ 901.1-901.2 (2007). . . .

JACKSON, v. STATE, 979 So. 2d 1153 (Fla. Dist. Ct. App. 2008)

. . . Section 90.901, Florida Statutes (2006), requires as a condition precedent to admissibility that evidence . . . present case there are numerous indicators of the authenticity of the tape for purposes of section 90.901 . . . We note in passing that even if the tape had not been properly authenticated for purposes of section 90.901 . . .

CASAMASSINA, v. UNITED STATES LIFE INSURANCE COMPANY IN CITY OF NEW YORK, 958 So. 2d 1093 (Fla. Dist. Ct. App. 2007)

. . . .” § 90.901, Fla. Stat. (2006). . . .

CODAY, v. STATE, 946 So. 2d 988 (Fla. 2006)

. . . Coday asserts that this was error under section 90.901, Florida Statutes (1997), which requires authentication . . . While section 90.901 requires the authentication or identification of a document prior to its admission . . . See § 90.901, Fla. Stat. (1997). . . .

HERNANDEZ, v. STATE, 919 So. 2d 707 (Fla. Dist. Ct. App. 2006)

. . . Under section 90.901, Florida Statutes (2001), “[ajuthentication or identification of evidence is required . . .

ELIAKIM, v. STATE, 884 So. 2d 57 (Fla. Dist. Ct. App. 2004)

. . . .”); § 90.802 (except as provided by statute hearsay is categorically inadmissible); § 90.901 (authentication . . .

O LEARY, v. USA WASTE MANAGEMENT, 863 So. 2d 367 (Fla. Dist. Ct. App. 2003)

. . . recorded statement which was not confirmed on this record as being properly authenticated under section 90.901 . . .

HUNT, v. STATE, 746 So. 2d 559 (Fla. Dist. Ct. App. 1999)

. . . Section 90.901, Florida Statutes (1997) provides simply: Authentication or identification of evidence . . .

CIRILLO v. DAVIS, 732 So. 2d 387 (Fla. Dist. Ct. App. 1999)

. . . Section 90.901, Florida Statutes (1997), requires evidence to be authenticated. . . .

PLEMONDON, v. FERNANDEZ, M. D. M. D. P. A. M. D. D. C., 699 So. 2d 755 (Fla. Dist. Ct. App. 1997)

. . . authenticity of the letter; however, the plaintiffs made a prima facie showing of its authenticity under 90.901 . . .

PEREZ, v. STATE, 698 So. 2d 367 (Fla. Dist. Ct. App. 1997)

. . . We believe that this testimony meets the test of authentication as set out in section 90.901, Florida . . .

STATE v. E. LOVE,, 691 So. 2d 620 (Fla. Dist. Ct. App. 1997)

. . . Section 90.901 of the Florida Statutes (1995) requires authentication or identification of evidence as . . . DAUKSCH and GRIFFIN, JJ., concur. . 90.901 Requirement of authentication or identification. — Authentication . . .

A. MILLS, v. E. BARKER,, 664 So. 2d 1054 (Fla. Dist. Ct. App. 1995)

. . . . § 90.901, Fla.Stat. (1993). In this case, Mr. . . . extrinsic evidence sufficient to support a finding that the agreement met the requirements of section 90.901 . . .

JOHNSON, v. STATE, 660 So. 2d 637 (Fla. 1995)

. . . . § 90.901-902, Fla.Stat. (1987). . . .

JOHNSON, v. STATE, 660 So. 2d 648 (Fla. 1995)

. . . . § 90.901-902, Fla.Stat. (1987). . . .

LOUIS, v. STATE, 647 So. 2d 324 (Fla. Dist. Ct. App. 1994)

. . . Section 90.901, Florida Statutes (1991), requires authentication of evidence as a condition precedent . . .

DANIELS, v. STATE, 634 So. 2d 187 (Fla. Dist. Ct. App. 1994)

. . . .” § 90.901, Fla.Stat. (1991). . . .

ITT REAL ESTATE EQUITIES, INC. v. CHANDLER INSURANCE AGENCY, INC. a, 617 So. 2d 750 (Fla. Dist. Ct. App. 1993)

. . . .” § 90.901, Fla.Stat. (1991). . . .

VAZ, v. STATE, 599 So. 2d 250 (Fla. Dist. Ct. App. 1992)

. . . See §§ 90.901, 90.-952, 90.953, and 90.954, Fla.Stat. (1991). The conviction is therefore affirmed. . . .

A. VAN DEN BORRE, v. STATE, 596 So. 2d 687 (Fla. Dist. Ct. App. 1992)

. . . However, since the diplomatic notes were neither properly authenticated as required by section 90.901 . . . Under section 90.901, evidence is authenticated when prima facie evidence is introduced to prove that . . . Thus, since section 90.901 requires that a document be authenticated as a condition precedent to its . . . We hold that the requirements of section 90.901 of the Florida Evidence Code were satisfied by evidence . . .

CALVACHE, v. JACKSON MEMORIAL HOSPITAL, 48 Fla. Supp. 2d 54 (Fla. Cir. Ct. 1991)

. . . examining the signature and comparing it with the signature on the check that the Guaranty was authentic. 90.901 . . .

A. HUTCHINSON, v. STATE, 580 So. 2d 257 (Fla. Dist. Ct. App. 1991)

. . . See § 90.901, Fla.Stat. . . . . §§ 90.901, 90.-952, 90.953, and 90.954, Florida Statutes (1989). . . .

PENNSYLVANIA BLUE SHIELD, v. S. WOLFE,, 575 So. 2d 1361 (Fla. Dist. Ct. App. 1991)

. . . See § 90.901, Fla.Stat. (1989); C. . . .

BUCHANAN, v. STATE, 575 So. 2d 704 (Fla. Dist. Ct. App. 1991)

. . . Bass Ranch, 379 So.2d 710 (Fla. 4th DCA 1980); § 90.901, Fla.Stat. (1987). . . . .” § 90.901, Fla.Stat. (1987). . . . In the instant case, the state argues that under section 90.901, Florida Statutes (1987), the letter . . .

GARCIA, v. STATE, 564 So. 2d 124 (Fla. 1990)

. . . . § 90.901 p. 376 (West 1979) (Law Revision Council Note — 1976) (“Authentication and identification . . . See also, e.g., 6C Fla.Stat.Ann. § 90.901, at 376-81 (West 1979) (Law Revision Council Note — 1976); . . .

STATE v. WELLS,, 538 So. 2d 1292 (Fla. Dist. Ct. App. 1989)

. . . .” § 90.901, Fla.Stat. (1987). . . .

SUNNYVALE MARITIME CO. INC. v. GOMEZ,, 546 So. 2d 6 (Fla. Dist. Ct. App. 1989)

. . . Section 90.901, Florida Statutes (1987), provides that the authentication requirement is satisfied by . . . The Law Revision Council Note to Section 90.901 points out that the “admission into evidence of a matter . . .

LOREN, v. STATE, 518 So. 2d 342 (Fla. Dist. Ct. App. 1987)

. . . authentication of the transcript conformed to the rule for authentication for use as evidence, section 90.901 . . . State, 438 So.2d 358, 365 (Fla.1983) (under evidence code, section 90.901, Florida Statutes (1981), the . . .

ALLEN, v. STATE, 492 So. 2d 802 (Fla. Dist. Ct. App. 1986)

. . . was not admissible because its authenticity was never established as required under the code, section 90.901 . . . evidence is “sufficient to support a finding that the matter in question is what its proponent claims.” § 90.901 . . .

SIKES, v. SEABOARD COAST LINE RAILROAD COMPANY, a, 487 So. 2d 1118 (Fla. Dist. Ct. App. 1986)

. . . The document in question was authenticated by the testimony of the Department’s official (see section 90.901 . . .

JACKSONVILLE ELECTRIC AUTHORITY, v. DEPARTMENT OF REVENUE, FLORIDA POWER LIGHT COMPANY, v. DEPARTMENT OF REVENUE,, 486 So. 2d 1350 (Fla. Dist. Ct. App. 1986)

. . . .-803(8), provided they are authenticated, section 90.901, by a custodian, sections 90.-902(4) and 90.955 . . .

E. F. K. COLLINS CORP. v. S. M. M. G. INC. a, 464 So. 2d 214 (Fla. Dist. Ct. App. 1985)

. . . Since appellee did not comply with either section 90.901, (requirement of authentication or identification . . .

JUSTUS, v. STATE, 438 So. 2d 358 (Fla. 1983)

. . . .” § 90.901, Fla.Stat. (1981). . . .