The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

View Entire Chapter

F.S. 90.91

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.

F.S. 90.91 on Google Scholar

F.S. 90.91 on Casetext

Amendments to 90.91

Arrestable Offenses / Crimes under Fla. Stat. 90.91

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.91.

Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. ROBERSON,, 152 So. 3d 776 (Fla. Dist. Ct. App. 2014)

. . . before trial, Roberson filed a motion to dismiss premised on the State’s alleged violation of section 90.91 . . . property as evidence, the property may be returned to the owner from whom the property was taken. § 90.91 . . .

In VANARTHOS U. S. A. N. A. v., 445 B.R. 257 (Bankr. S.D.N.Y. 2011)

. . . Amended Complaint controls, and the Court presumes that Chase is not seeking to deny discharge of $90.91 . . .

In JENNIFER CONVERTIBLES, INC., 447 B.R. 713 (Bankr. S.D.N.Y. 2011)

. . . an order of this Court, a deadline for voting on the Plan was established and, as of that deadline, 90.91% . . .

v., 133 T.C. 136 (T.C. 2009)

. . . example, assuming a 10-percent interest rate, the present value of $100 to be received in 1 year is $90.91 . . .

In VERNON- WILLIAMS, Jr. D. IV, A, 377 B.R. 156 (Bankr. E.D. Va. 2007)

. . . $1,767.00$3,267.00$1,178.06$2,678.06_81.97% Berryman $1,500.00 $ 562.50 $2,062.50 $ 375.02 $1,875.02 90.91% . . .

CARABETTA ENTERPRISES, INC. F. CR CR CR CR CR CR CR Co. Co. Co. Co. II III Co. I Co. II Co. v. UNITED STATES,, 482 F.3d 1360 (Fed. Cir. 2007)

. . . would need to invest $909.09 of the principal to repay the loan at the end of the year and would have $90.91 . . . The $909.09 invested principal would produce $90.91 in (taxable) interest income, and the $90.91 in the . . . invested principal to pay back the $1000 loan and would be able to keep the $100, consisting of the $90.91 . . .

CARABETTA ENTERPRISES, INC. F. CR CR CR CR CR CR CR Co. Co. Co. Co. II III Co. I Co. II Co. v. UNITED STATES,, 482 F.3d 1348 (Fed. Cir. 2007)

MILLER, v. BIELUCH,, 825 So. 2d 427 (Fla. Dist. Ct. App. 2002)

. . . The sheriff argues that he was authorized to return this property to the owner under section 90.91, Florida . . . Miller has been charged with wrongfully taking this property from Pollack, and section 90.91 therefore . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 816 So. 2d 1095 (Fla. 2002)

. . . Court has a history of adopting statutory enactments in its rules (e.g., Code and Rule of Evidence 90.91 . . .

STATE v. HYATT,, 690 So. 2d 677 (Fla. Dist. Ct. App. 1997)

. . . Section 90.91, Florida Statutes (1995), states: 90.91. . . . However, “[a] violation of § 90.91 will not result in the inadmissibility of the photograph unless the . . .

In CORONET CAPITAL COMPANY,, 142 B.R. 78 (Bankr. S.D.N.Y. 1992)

. . . in the Mortgage is memorialized in an Assignment of Mortgage reflecting that JIB owns an undivided 90.91% . . .

WESCH, v. HUNT,, 785 F. Supp. 1491 (S.D. Ala. 1992)

. . . Asian/PI Other Block 425 44 40 4 100.00% 90.91% 9.09%' 0 0 0 0.00% 0.00% 0.00% Block 426 • 57 33 24 100.00% . . .

THOMAS, v. STATE, 568 So. 2d 92 (Fla. Dist. Ct. App. 1990)

. . . Thomas objected that the photos failed to comply with section 90.91, Florida Statutes (1987). . . . which appears to be one of first impression, is under what circumstances noncompliance with section 90.91 . . . We hold that an accused who objects to a violation of section 90.91 must demonstrate that prejudice results . . . Section 90.91 was adopted in 1984, at which time the legislature made certain findings of fact. . . . In fact, Professor Ehrhardt describes the requirements of section 90.91 as “much more stringent than . . .

J. v., 86 T.C. 643 (T.C. 1986)

. . . . - vent 3/1/74 39.39 Grain dryer 4/1/74 178.13 Fuel tank 8/1/74 13.21 Wagon unloader 8/1/74 90.91 Harrow . . .

ROSSINI v. OGILVY MATHER, INC., 597 F. Supp. 1120 (S.D.N.Y. 1984)

. . . Forward 10 1 90.91 Supvsr-Bdct Estim. 1 0 .00 Mgr. . . .

HERMES, Jr. P. v. HEIN, a, 479 F. Supp. 820 (N.D. Ill. 1979)

. . . Plaintiff Hermes was number two on the roster with a composite score of 90.91%. . . .

DELORO SMELTING AND REFINING COMPANY, LIMITED v. THE UNITED STATES, 161 Ct. Cl. 489 (Ct. Cl. 1963)

. . . current rate of exchange of Canadian dollars for United States dollars shall be other than the rate of 90.91 . . . Convert the resulting United States dollar amount into Canadian dollars using the exchange rate of * * * 90.91 . . .

MARKS v. NORTHERN PAC. R. CO., 76 F. 941 (9th Cir. 1896)

. . . mentioned and referred to in the amended complaint herein, and did then pay to plaintiffs the sum of S38,(¡90.91 . . .