Florida Statute 90.902 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.902

90.902 Self-authentication.—Extrinsic evidence of authenticity as a condition precedent to admissibility is not required for:

(1) A document bearing:

(a) A seal purporting to be that of the United States or any state, district, commonwealth, territory, or insular possession thereof; the Panama Canal Zone; the Trust Territory of the Pacific Islands; or a court, political subdivision, department, officer, or agency of any of them; and

(b) A signature by the custodian of the document attesting to the authenticity of the seal.

(2) A document not bearing a seal but purporting to bear a signature of an officer or employee of any entity listed in subsection (1), affixed in the officer’s or employee’s official capacity.

(3) An official foreign document, record, or entry that is:

(a) Executed or attested to by a person in the person’s official capacity authorized by the laws of a foreign country to make the execution or attestation; and

(b) Accompanied by a final certification, as provided herein, of the genuineness of the signature and official position of:

1. The executing person; or

2. Any foreign official whose certificate of genuineness of signature and official position relates to the execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to the execution or attestation.

The final certification may be made by a secretary of an embassy or legation, consul general, consul, vice consul, or consular agent of the United States or a diplomatic or consular official of the foreign country assigned or accredited to the United States. When the parties receive reasonable opportunity to investigate the authenticity and accuracy of official foreign documents, the court may order that they be treated as presumptively authentic without final certification or permit them in evidence by an attested summary with or without final certification.

(4) A copy of an official public record, report, or entry, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification by certificate complying with subsection (1), subsection (2), or subsection (3) or complying with any act of the Legislature or rule adopted by the Supreme Court.

(5) Books, pamphlets, or other publications purporting to be issued by a governmental authority.

(6) Printed materials purporting to be newspapers or periodicals.

(7) Inscriptions, signs, tags, or labels purporting to have been affixed in the course of business and indicating ownership, control, or origin.

(8) Commercial papers and signatures thereon and documents relating to them, to the extent provided in the Uniform Commercial Code.

(9) Any signature, document, or other matter declared by the Legislature to be presumptively or prima facie genuine or authentic.

(10) Any document properly certified under the law of the jurisdiction where the certification is made.

(11) An original or a duplicate of evidence that would be admissible under s. 90.803(6), which is maintained in a foreign country or domestic location and is accompanied by a certification or declaration from the custodian of the records or another qualified person certifying or declaring that the record:

(a) Was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person having knowledge of those matters;

(b) Was kept in the course of the regularly conducted activity; and

provided that falsely making such a certification or declaration would subject the maker to criminal penalty under the laws of the foreign or domestic location in which the certification or declaration was signed.

(12) A legal notice published in accordance with the requirements of chapter 50 in the print edition of a qualified newspaper or on a publicly accessible website as provided in s. 50.0311.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 1, ch. 77-174; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 501, ch. 95-147; s. 3, ch. 2003-259; s. 8, ch. 2021-17; s. 11, ch. 2022-103.

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Amendments to 90.902

Arrestable Offenses / Crimes under Fla. Stat. 90.902

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.902.

Annotations, Discussions, Cases:

Cases Citing Statute 90.902

Total Results: 20

Florida Citizens' Alliance, Inc. v. School Board of Indian River County

Court: District Court of Appeal of Florida | Date Filed: 2024-12-18

Snippet: form of a certification in accord with s. 90.902, or in the form of testimony, that diligent

Mishelle Addys Perdomo Vindel v. Scott Aron Stewart

Court: District Court of Appeal of Florida | Date Filed: 2024-02-07

Snippet: declaration that complies with paragraph (c)[2] and s. 90.902(11), unless the sources of information

MORTGAGE ASSETS MANAGEMENT, LLC vs UNKNOWN SPOUSE, HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS,TRUSTEES AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST, ETC., ET AL.

Court: District Court of Appeal of Florida | Date Filed: 2023-09-29

Snippet: complies with paragraph (c) and s. 90.902(11), unless the sources of information

WATERFALL VICTORIA GRANTOR TRUST II, SERIES G v. SARAH MCDONALD

Court: District Court of Appeal of Florida | Date Filed: 2021-08-25

Snippet: 6 s. 90.902(11), unless the sources of information or other

R.L.G., A JUVENILE v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-06-16

Snippet: that complies with paragraph (c) and s. 90.902(11), unless the sources of information

CLAYTON JOHNSON v. State

Court: District Court of Appeal of Florida | Date Filed: 2020-11-18

Snippet: certification that complies with sections 90.803(6)(c) and 90.902(11) of the Florida Statutes; and that, for the

Cynthia L. Jackson v. Household Finance Corporation III

Court: Supreme Court of Florida | Date Filed: 2020-07-02

Snippet: declaration that complies with paragraph (c) and s. 90.902(11), unless the sources of information or

B. M. v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-11-06

Snippet: public record is self-authenticating under section 90.902(4), Florida Statutes (2003), and needs no additional

WELLS FARGO BANK, N. A. v. QUEST SYSTEMS, L L C, AS SUCCESSOR TRUSTEE

Court: District Court of Appeal of Florida | Date Filed: 2019-04-03

Citation: 269 So. 3d 598

Snippet: agreements are self-authenticating under section 90.902(8), Florida Statutes (2017), which provides that

CRICKET KATHLEEN TOOLE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-02-20

Citation: 270 So. 3d 371

Snippet: record pursuant to section 90.803(6) and section 90.902(11), Florida Statutes (2012).”); McKown, 46 So

M.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-12-26

Citation: 260 So. 3d 552

Snippet: preparation indicate lack of trustworthiness"); § 90.902(11), Fla. Stat. (2017) (providing that "[e]xtrinsic

M.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-12-26

Citation: 260 So. 3d 552

Snippet: preparation indicate lack of trustworthiness"); § 90.902(11), Fla. Stat. (2017) (providing that "[e]xtrinsic

THIRD FEDERAL SAVINGS AND LOAN ASSOCIAITON OF CLEVELAND v. LEAH G. KOULOUVARIS A/ K/ A LEAH KOULOUVARIS

Court: District Court of Appeal of Florida | Date Filed: 2018-05-18

Citation: 247 So. 3d 652

Snippet: provided in the Uniform Commercial Code." § 90.902(8); see, e.g., U.S. Bank Nat'l Ass'n

Jackson v. Household Fin. Corp. III

Court: District Court of Appeal of Florida | Date Filed: 2018-01-31

Citation: 236 So. 3d 1170

Snippet: the "magic words" of the exception. §§ 90.803(6), 90.902(11). There is no basis for the imposition of a

JUSTIN FRIEDLE and SANDRA FRIEDLE v. THE BANK OF NEW YORK MELLON, etc.

Court: District Court of Appeal of Florida | Date Filed: 2017-09-27

Citation: 226 So. 3d 976, 2017 WL 4280592, 2017 Fla. App. LEXIS 13581

Snippet: that it was . self-authenticating under section 90.902, Florida Statutes (2016). While it was certified

CLARENCE TERRY v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2017-07-12

Citation: 224 So. 3d 763, 2017 WL 2983283, 2017 Fla. App. LEXIS 10053

Snippet: public record, is self-authenticating under section 90.902(4), Florida Statutes, and needs no additional foundation

U.S. Bank National Ass'n v. Roseman

Court: District Court of Appeal of Florida | Date Filed: 2017-03-15

Citation: 214 So. 3d 728, 92 U.C.C. Rep. Serv. 2d (West) 159, 2017 WL 1013189, 2017 Fla. App. LEXIS 3453

Snippet: original note on the basis of authenticity. Section 90.902(8), Florida Statutes (2015), provides: “Extrinsic

Washburn v. Washburn

Court: District Court of Appeal of Florida | Date Filed: 2017-01-25

Citation: 211 So. 3d 87

Snippet: would have had to meet the requirements of section 90.902(11). See § 90.803(6)(a). That section requires

Sullivan v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-09-30

Citation: 200 So. 3d 1286, 2016 Fla. App. LEXIS 14641, 2016 WL 5682496

Snippet: VEHICLE RECORD, ADMITTED INTO EVIDENCE UNDER CHAPTER 90.902, FLORIDA STATUTES, IS SUFFICIENT TO ESTABLISH THE

Sullivan v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-06-24

Snippet: ADMITTED INTO EVIDENCE UNDER CHAPTER 90.902, FLORIDA STATUTES, IS SUFFICIENT TO