The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE

Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS

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F.S. 92.60

92.60 Foreign records of regularly conducted business activity.—

(1) For the purposes of this section:

(a) “Foreign record of regularly conducted business activity” means a memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, maintained in a foreign country.

(b) “Foreign certification” means a written declaration made and signed in a foreign country by the custodian of a foreign record of regularly conducted business activity or another qualified person that, if falsely made, would subject the maker to criminal penalty under the laws of that country.

(c) “Business” means any business, institution, association, profession, occupation, or calling of any kind, whether or not conducted for profit.

(2) In a criminal or civil proceeding in a court of the State of Florida, a foreign record of regularly conducted business activity, or a copy of such record, shall not be excluded as evidence by the hearsay rule if a foreign certification attests that:

(a) Such record was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters;

(b) Such record was kept in the course of a regularly conducted business activity;

(d) If such record is not the original, it is a duplicate of the original;

unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness.

(3) A foreign certification under this section shall authenticate such record or duplicate.

(4) No evidence in such records in the form of opinion or diagnosis is admissible under subsection (2) unless such opinion or diagnosis would be admissible under ss. 90.701-90.705 if the person whose opinion is recorded were to testify to the opinion directly.

(5) At the arraignment or as soon after the arraignment as practicable, or 60 days prior to a civil trial, a party intending to offer in evidence under this section a foreign record of regularly conducted business activity shall provide written notice of that intention to each other party. A motion opposing admission in evidence of such record shall be made by the opposing party and determined by the court before trial. Failure by a party to file such motion before trial shall constitute a waiver of objection to such record or duplicate, but the court for cause shown may grant relief from the waiver.

History.—s. 17, ch. 88-381; s. 1, ch. 97-189.

F.S. 92.60 on Google Scholar

F.S. 92.60 on Casetext

Amendments to 92.60

Arrestable Offenses / Crimes under Fla. Stat. 92.60

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 92.60.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BURNS, v. STATE, 770 So. 2d 760 (Fla. Dist. Ct. App. 2000)

. . . Burns alleges that his score under the 1994 guidelines would have been 92.60, resulting in a sentencing . . .

QUILTER, v. V. VOINOVICH,, 857 F. Supp. 579 (N.D. Ohio 1994)

. . . , or 94.43% of the ideal district size); and House District 7 (Wayne County— population 101,461, or 92.60% . . .

KRASNER, v. DREYFUS CORPORATION GROSS v. DREYFUS CORPORATION UNTERMEYER, Jr. v. DREYFUS LIQUID ASSETS, INC. UNTERMEYER, Jr. v. DREYFUS LIQUID ASSETS, INC., 90 F.R.D. 665 (S.D.N.Y. 1981)

. . . Haudek 92.60 175 16.205.00 Daniel W. . . .

UNITED STATES v. SMITH, 355 F.2d 807 (5th Cir. 1966)

. . . We are here concerned only with a tract of 92.60 acres, designated as tract 104, for which the sum of . . . Tract 104, containing 92.60 acres, was taken in March 1963 from a tract of 265 acres owned by Fred and . . .

FEDERAL NATIONAL MORTGAGE ASSOCIATION, a III v. J. DEZIEL E., 136 F. Supp. 859 (E.D. Mich. 1956)

. . . In addition the husband’s army pay is $92.60 thus bringing defendants’ current net at the present time . . .

CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, EXECUTOR OF THE LAST WILL AND TESTAMENT OF ALFRED N. SEVERIN, DECEASED, AND AUTHORIZED LIQUIDATOR OF THE AFFAIRS OF N. P. SEV- ERIN COMPANY v. THE UNITED STATES, 126 Ct. Cl. 631 (Ct. Cl. 1953)

. . . The plaintiff claims $92.60 per day for the average time that the contractor’s equipment was retained . . .

UNITED STATES v. GREENWOOD PRODUCTS CO., 87 F. Supp. 785 (N.D. Fla. 1950)

. . . The crusher contract provided a base price to the crusher of $92.60 per ton for Spanish peanuts containing . . . price in excess of the, price paid the farmers, but it sold the peanuts allocated to crushers for $92.60 . . .

WEST STREET REALTY CO. v. BOWLES,, 156 F.2d 982 (Emer. Ct. App. 1945)

. . . 92.36 91.50 92.95 ' 95.73 97.57 98.73 98.72 Rentals of $100 and over per month 91.01 91.03 87.43 88.51 92.60 . . .

R., 35 Ct. Cl. 638 (Ct. Cl. 1900)

. . . . $92.60. . . .