The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

View Entire Chapter

F.S. 90.951

90.951 Definitions.—For purposes of this chapter:

(1) “Writings” and “recordings” include letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photography, magnetic impulse, mechanical or electronic recording, or other form of data compilation, upon paper, wood, stone, recording tape, or other materials.

(2) “Photographs” include still photographs, X-ray films, videotapes, and motion pictures.

(3) An “original” of a writing or recording means the writing or recording itself, or any counterpart intended to have the same effect by a person executing or issuing it. An “original” of a photograph includes the negative or any print made from it. If data are stored in a computer or similar device, any printout or other output readable by sight and shown to reflect the data accurately is an “original.”

(4) “Duplicate” includes:

(a) A counterpart produced by the same impression as the original, from the same matrix; by means of photography, including enlargements and miniatures; by mechanical or electronic rerecording; by chemical reproduction; or by other equivalent technique that accurately reproduces the original; or

(b) An executed carbon copy not intended by the parties to be an original.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.

F.S. 90.951 on Google Scholar

F.S. 90.951 on Casetext

Amendments to 90.951

Arrestable Offenses / Crimes under Fla. Stat. 90.951

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.951.

Annotations, Discussions, Cases:

Cases from cite.case.law:

J. COVINGTON, v. STATE, 75 So. 3d 371 (Fla. Dist. Ct. App. 2011)

. . . See §§ 90.951-90.954, Fla. Stat. (2009). Reversed and remanded for a new trial. . . .

H. A. a v. STATE, 24 So. 3d 752 (Fla. Dist. Ct. App. 2009)

. . . Section 90.951(4)(a) defines a duplicate as: “A counterpart produced by the same impression as the original . . .

BRYANT, v. STATE, 810 So. 2d 532 (Fla. Dist. Ct. App. 2002)

. . . (Fla.1969), vacated as to sentence only, 408 U.S. 935, 92 S.Ct. 2857, 33 L.Ed.2d 751 (1972); see § 90.951 . . . by chemical reproduction; or by equivalent technique that accurately reproduces the original.... § 90.951 . . .

ANDRE, v. CASTOR, A. R. O F. P. K. J. E. Jr. In, 963 F. Supp. 1158 (M.D. Fla. 1997)

. . . . § 90.951-.954 (essentially the same as the above-recited federal rules). . . .

CAVE, v. STATE, 660 So. 2d 705 (Fla. 1995)

. . . . § 90.951(2) Fla.Stat. (1993). . . .

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

. . . .” § 90.951(4)(a), Fla.Stat. (1989). . . .

SAPORITO, v. A. MADRAS,, 576 So. 2d 1342 (Fla. Dist. Ct. App. 1991)

. . . that the ruling of the trial court should be upheld on the basis of the best evidence rule, sections 90.951 . . .

GARCIA, v. LOPEZ,, 483 So. 2d 470 (Fla. Dist. Ct. App. 1986)

. . . copy is not an accurate reproduction, they say, it is not a “duplicate” within the meaning of section 90.951 . . .

C. TILLMAN, L. v. SMITH,, 472 So. 2d 1353 (Fla. Dist. Ct. App. 1985)

. . . applicable only if the duplicate is produced by a method which insures accuracy and genuineness, see § 90.951 . . .

GASTROENTEROLOGY ASSOCIATES P. A. v. MATUSON, 9 Fla. Supp. 2d 94 (Fla. Cir. Ct. 1985)

. . . Section 90.951 provides in pertinent part 90.951 Definitions (4) “Duplicate” includes (a) A counterpart . . .

FREDERICKS, v. G. HOWELL,, 426 So. 2d 1200 (Fla. Dist. Ct. App. 1983)

. . . . § 90.951(4), Fla.Stat. (1981). . . .

L. O NEAL O v. BOLLING,, 409 So. 2d 1171 (Fla. Dist. Ct. App. 1982)

. . . typed likenesses of the $2,800 and $20,000 promissory notes are not duplicates as defined by Section 90.951 . . .