Florida Statutes

Fla. Stat. § 90.91 (2025)

Photographs of property wrongfully taken; use in prosecution, procedure; return of property to owner.

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90.91 Photographs of property wrongfully taken; use in prosecution, procedure; return of property to owner.—In any prosecution for a crime involving the wrongful taking of property, a photograph of the property alleged to have been wrongfully taken may be deemed competent evidence of such property and may be admissible in the prosecution to the same extent as if such property were introduced as evidence. Such photograph shall bear a written description of the property alleged to have been wrongfully taken, the name of the owner of the property, the location where the alleged wrongful taking occurred, the name of the investigating law enforcement officer, the date the photograph was taken, and the name of the photographer. Such writing shall be made under oath by the investigating law enforcement officer, and the photograph shall be identified by the signature of the photographer. Upon the filing of such photograph and writing with the law enforcement authority or court holding such property as evidence, the property may be returned to the owner from whom the property was taken.

History.—s. 4, ch. 84-363.

Notes of Decisions

Cited in 4 cases, 1990–2014 · leading case: Thomas v. State, 568 So. 2d 92 (Fla. 2d DCA 1990).

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Thomas v. State, 568 So. 2d 92 (Fla. 2d DCA 1990). · cites it 6× “Thomas objected that the photos failed to comply with section 90.91, Florida Statutes (1987). This section provides that "[i]n any prosecution for a crime involving the wrongful taking of property, a photograph of the property .”

State v. Roberson, 152 So. 3d 776 (Fla. 5th DCA 2014). · cites it 4× “Upon the filing of such photograph and writing with the law enforcement authority or court holding such property as evidence, the property may be returned to the owner from whom the property was taken.”

Miller v. Bieluch, 825 So. 2d 427 (Fla. 4th DCA 2002). · cites it 3× “The sheriff argues that he was authorized to return this property to the owner under section 90.91, Florida Statutes, which authorizes the sheriff “in any prosecution for a crime involving the wrongful taking of property,” to photograph the property and return it to the “owner…”

State v. Hyatt, 690 So. 2d 677 (Fla. 3d DCA 1997). · cites it 3× “1 Section 90.91, Florida Statutes (1995), states: *678 90.”

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