Florida Statutes
Fla. Stat. § 90.953 (2025)
Admissibility of duplicates.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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90.953 Admissibility of duplicates.—A duplicate is admissible to the same extent as an original, unless:
(1) The document or writing is a negotiable instrument as defined in s. 673.1041, a security as defined in s. 678.1021, or any other writing that evidences a right to the payment of money, is not itself a security agreement or lease, and is of a type that is transferred by delivery in the ordinary course of business with any necessary endorsement or assignment.
(2) A genuine question is raised about the authenticity of the original or any other document or writing.
(3) It is unfair, under the circumstance, to admit the duplicate in lieu of the original.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 57, ch. 92-82; s. 29, ch. 99-2; s. 142, ch. 2025-92.
Notes of Decisions
Cited in 43
cases (4 in the last 5 years), 1977–2025 · leading case: Deutsche Bank Nat'l Trust Co. v. Clarke, 87 So. 3d 58 (Fla. 4th DCA 2012).
Deutsche Bank Nat'l Trust Co. v. Clarke, 87 So. 3d 58 (Fla. 4th DCA 2012). “The Requirement to Produce the Original Note at Trial This case turns on the application of section 90.953, Florida Statutes (2010). Popularly known as the best evidence rule, section 90.”
Heller v. Bank of Am., N.A., 209 So. 3d 641 (Fla. 2d DCA 2017). “Defense counsel objected pursuant to section 90.953, Florida Stat *643 utes (2014), commonly known as the best evidence rule, because the note was a copy rather than the original.”
Deutsche Bank Nat'l Trust Co. v. Hagstrom, 203 So. 3d 918 (Fla. 2d DCA 2016). “And section 702.01 provides that "[a]ll mortgages shall be foreclosed in equity.”
Rainess v. Est. of MacHida, 81 So. 3d 504 (Fla. 3d DCA 2012). “” Thus, if a duplicate is properly admitted under section 90.953, it also precludes consideration of secondary evidence.”
Citigroup Mortg. Loan Trust, Etc v. Sharon Scialabba, 238 So. 3d 317 (Fla. 4th DCA 2018). “Turning to the arguments regarding compliance with the condition precedent of notice of default and of the right to cure, as stated above, the 1 We do not address the issue of whether a copy of the modification agreement attached to a certified copy of the complaint met the…”
Bank of New York Mellon v. Garcia, 254 So. 3d 565 (Fla. 3d DCA 2018). “Garcia asserted that section 90.953, Florida Statutes (2016), which provides for admission of duplicates in lieu of originals, was inapplicable because the loan modification agreement is a “negotiable instrument,” and thus excluded under the express language of section 90.”
Perry v. Fairbanks Capital Corp., 888 So. 2d 725 (Fla. 5th DCA 2004). “Section 90.953, Florida Statutes (2002), however, indicates that duplicates are admissible unless a genuine question is raised about the authenticity of the original, or it is unfair to admit the duplicate, or: The document or writing is a negotiable instrument as defined in s.”
Joanne Liukkonen v. Bayview Loan Servicing LLC, 243 So. 3d 981 (Fla. 4th DCA 2018). “§ 90.953, Fla. Stat. (2016). Affirmed. LEVINE and CONNER, JJ.”
State Street Bank & Trust Co. v. Lord, 851 So. 2d 790 (Fla. 4th DCA 2003). “§ 90.953(1), Fla. Stat. (2002); W.H. Downing v.”
Tillman v. Smith, 472 So. 2d 1353 (Fla. 5th DCA 1985). “Whether a duplicate copy is admissible is controlled by section 90.953, Florida Statutes (1983): Admissibility of Duplicates.”
Bryant v. State, 810 So. 2d 532 (Fla. 1st DCA 2002). “§ 90.953, Fla. Stat. (2000). Even though no witness directly identified the persons the original, time lapse videotapes (which were never shown to the jury) depict, the defense conceded their identity, and explicitly refrained from any objection on that ground.”
In Re Amendments to Fla. Evidence Code, 782 So. 2d 339 (Fla. 2000). “503, Florida Statutes, Psychotherapist-patient privilege); 99-2, section 29 (amending section 90.953, Florida Statutes, Admissibility of duplicates); 99-8, section 5 (amending section 90.”
— 90.953(1) — 15 cases
Deutsche Bank Nat'l Trust Co. v. Clarke, 87 So. 3d 58 (Fla. 4th DCA 2012). “The Requirement to Produce the Original Note at Trial This case turns on the application of section 90.953, Florida Statutes (2010). Popularly known as the best evidence rule, section 90.”
Heller v. Bank of Am., N.A., 209 So. 3d 641 (Fla. 2d DCA 2017). “Defense counsel objected pursuant to section 90.953, Florida Stat *643 utes (2014), commonly known as the best evidence rule, because the note was a copy rather than the original.”
Deutsche Bank Nat'l Trust Co. v. Hagstrom, 203 So. 3d 918 (Fla. 2d DCA 2016). “And section 702.01 provides that "[a]ll mortgages shall be foreclosed in equity.”
State Street Bank & Trust Co. v. Lord, 851 So. 2d 790 (Fla. 4th DCA 2003). “§ 90.953(1), Fla. Stat. (2002); W.H. Downing v.”
Brittany's Place Condo. Ass'n, Inc. v. U.S. Bank, N.A., 205 So. 3d 794 (Fla. 2d DCA 2016).
— 90.953(2) — 4 cases
Van Den Borre v. State, 596 So. 2d 687 (Fla. 4th DCA 1992).
Rainess v. Est. of MacHida, 81 So. 3d 504 (Fla. 3d DCA 2012). “” Thus, if a duplicate is properly admitted under section 90.953, it also precludes consideration of secondary evidence.”
Joanne Liukkonen v. Bayview Loan Servicing LLC, 243 So. 3d 981 (Fla. 4th DCA 2018). “§ 90.953, Fla. Stat. (2016). Affirmed. LEVINE and CONNER, JJ.”
Lindsay Sanger v. Justin Asher & Prentice Sanger a/k/a Prent Sanger (Fla. 5th DCA 2024).
— 90.953(3) — 1 case
Saporito v. Madras, 576 So. 2d 1342 (Fla. 5th DCA 1991).
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