Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 90.953 | Lawyer Caselaw & Research
F.S. 90.953 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 90.953

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.953
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.

F.S. 90.953 on Google Scholar

F.S. 90.953 on Casetext

Amendments to 90.953


Arrestable Offenses / Crimes under Fla. Stat. 90.953
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.953.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BANK OF NEW YORK MELLON, v. GARCIA,, 254 So. 3d 565 (Fla. App. Ct. 2018)

. . . Garcia asserted that section 90.953, Florida Statutes (2016), which provides for admission of duplicates . . . Section 90.953 provides: Admissibility of duplicates A duplicate is admissible to the same extent as . . . modification agreement was inadmissible because it is a negotiable instrument and that, under section 90.953 . . . modification agreement is not a negotiable instrument; therefore, the Bank was entitled under section 90.953 . . . agreement was a negotiable instrument and that a duplicate was inadmissible under sections 90.952 and 90.953 . . .

LIUKKONEN, v. BAYVIEW LOAN SERVICING, LLC,, 243 So. 3d 981 (Fla. App. Ct. 2018)

. . . Id. at 60 (first and third alterations in original) (quoting § 90.953(1), Fla. Stat. (2010) ). . . . Appellant did not timely challenge their authenticity or the fairness of using copies, § 90.953(2) - . . . same degree as an original, as it is not a negotiable instrument as defined in section 673.1041. § 90.953 . . .

CITIGROUP MORTGAGE LOAN TRUST INC. v. SCIALABBA, 238 So. 3d 317 (Fla. App. Ct. 2018)

. . . modification agreement attached to a certified copy of the complaint met the requirements of Section 90.953 . . .

H. MORALES v. FIFTH THIRD MORTGAGE COMPANY,, 238 So. 3d 280 (Fla. App. Ct. 2018)

. . . of the promissory note into evidence, appellants objected, based on the best evidence rule, section 90.953 . . . the trial court improperly admitted a copy of the note over the borrower's objection under section 90.953 . . . A duplicate may be admitted "to the same extent as an original" unless certain exceptions apply. § 90.953 . . . the bank offered a copy of the note at trial, to which defense counsel objected pursuant to section 90.953 . . . Because the trial court improperly admitted the copy of the note over objection in violation of section 90.953 . . .

U. S. BANK NATIONAL ASSOCIATION, FOR HOME EQUITY ASSET TRUST HOME EQUITY PASS- THROUGH CERTIFICATES, SERIES v. KACHIK N. A. N. A. s In, 222 So. 3d 592 (Fla. Dist. Ct. App. 2017)

. . . . § 90.953(1), Fla. . . .

TOWER HILL PREFERRED INSURANCE COMPANY, v. CABRERA,, 219 So. 3d 862 (Fla. Dist. Ct. App. 2017)

. . . See § 90.953, Fla. Stat. (2015); Pa. Blue Shield v. Wolfe, 575 So.2d 1361, 1363 (Fla. 3d DCA 1991). . . .

D. HELLER a k a v. BANK OF AMERICA, NA, BAC LP f k a LP,, 209 So. 3d 641 (Fla. Dist. Ct. App. 2017)

. . . Defense counsel objected pursuant to section 90.953, Florida Statutes (2014), commonly known as the best . . . failed to introduce sufficient evidence that it possessed the original note, in violation of section 90.953 . . . Section 90.953 allows for the admission of a duplicate “to the same extent as an original” unless certain . . . The exception relevant here is when the document is a negotiable instrument, See § 90.953(1). . . . Fla. 2d DCA 2013), and thus the evidence code requires that the original be produced at trial, see § 90.953 . . .

BRITTANY S PLACE CONDOMINIUM ASSOCIATION, INC. v. U. S. BANK, N. A., 205 So. 3d 794 (Fla. Dist. Ct. App. 2016)

. . . ,’ a ‘security,’ ‘or anyother writing that evidences a right to the payment of money.’ ” (quoting § 90.953 . . .

DEUTSCHE BANK NATIONAL TRUST COMPANY, v. L. HAGSTROM R., 203 So. 3d 918 (Fla. Dist. Ct. App. 2016)

. . . ’ a ‘security,’ ‘or any other writing that evidences a right to the payment of money.’ ” (quoting § 90.953 . . .

ALAVI v. A. GARCIA,, 140 So. 3d 1141 (Fla. Dist. Ct. App. 2014)

. . . This case involves the interplay between Florida Rule of Civil Procedure 1.510 and section 90.953, Florida . . . is admissible to the same extent as an original, unless the document is a negotiable instrument. § 90.953 . . .

T. D. W. a v. STATE, 137 So. 3d 574 (Fla. Dist. Ct. App. 2014)

. . . originals: The original of a writing, recording, or photograph is not required, except as provided in s. 90.953 . . .

DEUTSCHE BANK NATIONAL TRUST COMPANY, v. CLARKE a k a C. M., 87 So. 3d 58 (Fla. Dist. Ct. App. 2012)

. . . Popularly known as the best evidence rule, section 90.953 states the general rule that “[a] duplicate . . . The exception that is relevant here is contained in section 90.953(1), which states, inter alia, that . . . Under section 90.953(1), A — the transferor — is not able to sue on the photocopy copy of the promissory . . . The reasoning in Perry, hewing closely to the language of section 90.953, is persuasive. . . . The policies underlying the requirement for the original note in section 90.953(1) have been satisfied . . .

RAINESS, v. In ESTATE OF MACHIDA,, 81 So. 3d 504 (Fla. Dist. Ct. App. 2012)

. . . In the absence of an original, however, section 90.953(2) allows for the admission of a “duplicate” “ . . . Thus, if a duplicate is properly admitted under section 90.953, it also precludes consideration of secondary . . . We note, however, that while Rainess’ document was not admissible under section 90.953, it was clearly . . . Lopez, 483 So.2d 470, 471 (Fla. 3d DCA 1986) (“Section 90.954 is broader than section 90.953-a copy which . . . is not admissible under section 90.953 as a duplicate may still be admissible under section 90.954.” . . .

DYER, v. STATE, 26 So. 3d 700 (Fla. Dist. Ct. App. 2010)

. . . Although duplicates are acceptable in most cases, see § 90.953, Fla. . . . provides: The original of a writing, recording, or photograph is not required, except as provided in s. 90.953 . . .

H. A. a v. STATE, 24 So. 3d 752 (Fla. Dist. Ct. App. 2009)

. . . Because we conclude that the photographs were properly admitted as duplicates pursuant to sections 90.953 . . . Section 90.953 provides that duplicates are admissible “to the same extent as an original” unless a genuine . . .

FORD, v. STATE, 954 So. 2d 672 (Fla. Dist. Ct. App. 2007)

. . . We conclude that the check was admissible under section 90.953, Florida Statutes, and that none of the . . .

DASMA INVESTMENTS, LLC, a v. REALTY ASSOCIATES FUND III, L. P. a, 459 F. Supp. 2d 1294 (S.D. Fla. 2006)

. . . . § 90.953 (with respect to negotiable instruments, a copy or duplicate is not admissible to the same . . .

T. PERRY J. v. FAIRBANKS CAPITAL CORP., 888 So. 2d 725 (Fla. Dist. Ct. App. 2004)

. . . Section 90.953, Florida Statutes (2002), however, indicates that duplicates are admissible unless a genuine . . .

STATE STREET BANK AND TRUST COMPANY, v. LORD,, 851 So. 2d 790 (Fla. Dist. Ct. App. 2003)

. . . . § 90.953(1), Fla. Stat. (2002); W.H. Downing v. . . .

RUSSELL, v. STATE, 844 So. 2d 725 (Fla. Dist. Ct. App. 2003)

. . . —The original of a writing, recording, or photograph is not required, except as provided in s. 90.953 . . .

McKEEHAN, v. STATE, 838 So. 2d 1257 (Fla. Dist. Ct. App. 2003)

. . . that: The original of a writing, recording, or photograph is not required, except as provided in s. 90.953 . . . See §§ 90.953, .955, .956, .957, Fla. Stat. (2002). . § 90.404(2)(a), Fla. . . .

BRYANT, v. STATE, 810 So. 2d 532 (Fla. Dist. Ct. App. 2002)

. . . . § 90.953, Fla. Stat. (2000). . . .

In AMENDMENTS TO THE FLORIDA EVIDENCE CODE, 782 So. 2d 339 (Fla. 2000)

. . . section 90.503, Florida Statutes, Psychotherapist-patient privilege); 99-2, section 29 (amending section 90.953 . . .

POLANCO, v. STATE, 710 So. 2d 63 (Fla. Dist. Ct. App. 1998)

. . . . § 90.953, Fla. Stat. (1995). . . .

PLEMONDON, v. FERNANDEZ, M. D. M. D. P. A. M. D. D. C., 699 So. 2d 755 (Fla. Dist. Ct. App. 1997)

. . . I believe sections 90.953 and 90.954, Florida Statutes (1995) would allow for its admission, to allow . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. J. RESNICK,, 636 So. 2d 75 (Fla. Dist. Ct. App. 1994)

. . . We find that because the appellee/cross appellant has not substantiated any claim, under Sections 90.953 . . .

VAZ, v. STATE, 599 So. 2d 250 (Fla. Dist. Ct. App. 1992)

. . . .-952, 90.953, and 90.954, Fla.Stat. (1991). The conviction is therefore affirmed. . . .

A. VAN DEN BORRE, v. STATE, 596 So. 2d 687 (Fla. Dist. Ct. App. 1992)

. . . . § 90.953(2), Fla.Stat. ”(1989). . . .

A. HUTCHINSON, v. STATE, 580 So. 2d 257 (Fla. Dist. Ct. App. 1991)

. . . .-952, 90.953, and 90.954, Florida Statutes (1989). . . .

SAPORITO, v. A. MADRAS,, 576 So. 2d 1342 (Fla. Dist. Ct. App. 1991)

. . . The best evidence rule allows a duplicate to be admitted under section 90.953(3) unless “[i]t is unfair . . . In both instances Saporito was not permitted to make a proper showing under sections 90.953 and 90.954 . . .

PENNSYLVANIA BLUE SHIELD, v. S. WOLFE,, 575 So. 2d 1361 (Fla. Dist. Ct. App. 1991)

. . . See § 90.953, Fla. Stat. (1989). . . . The insurer’s objection based on subsection 90.953(1), Florida Statutes, is misplaced. . . . See § 90.953, West’s Fla.Stat.Annot. (1979) (Sponsor’s Note); C. . . . See § 90.953, West’s Fla.Stat.Annot. (1979) (Sponsor’s Note) (“This section recognizes that when the . . .

STATE v. EDGECOMB,, 573 So. 2d 1073 (Fla. Dist. Ct. App. 1991)

. . . Section 90.953 of the Florida Evidence Code authorizes the admission of a duplicate to the same extent . . . § 90.953, Fla.Stat. (1987). . . .

ROBERTS, v. HART, 573 So. 2d 12 (Fla. Dist. Ct. App. 1990)

. . . . § 90.953(1), Fla.Stat. (1989); International Center of the Americas, Inc. v. . . .

O. FIGUEREDO L. v. BANK ESPIRITO SANTO,, 537 So. 2d 1113 (Fla. Dist. Ct. App. 1989)

. . . evidence the original copy of a negotiable promissory instrument as is expressly required by section 90.953 . . .

GARCIA, v. LOPEZ,, 483 So. 2d 470 (Fla. Dist. Ct. App. 1986)

. . . . § 90.953, Fla.Stat. (1983). . . . duplicate” within the meaning of section 90.951(4)(a), and, therefore, cannot be admitted under section 90.953 . . . Section 90.954 is broader than section 90.953 —a copy which is not admissible under section 90.953 as . . .

C. TILLMAN, L. v. SMITH,, 472 So. 2d 1353 (Fla. Dist. Ct. App. 1985)

. . . Whether a duplicate copy is admissible is controlled by section 90.953, Florida Statutes (1983): Admissibility . . . was a document involving payment of money and therefore a copy of it was inadmissible under section 90.953 . . . makes a xerox copy of a promissory note and subsequently negotiates the original to B, under section 90.953 . . . To fall under section 90.953(1), the agreement would have not only to evidence a right to the payment . . . F.S.A. 425, § 90.953 (1976). . . .

GASTROENTEROLOGY ASSOCIATES P. A. v. MATUSON, 9 Fla. Supp. 2d 94 (Fla. Cir. Ct. 1985)

. . . Section 90.953 of the Florida Evidence Codes provides in pertinent part 90.953 Admissibility of duplicates . . . the admissibility of appellant’s duplicates since the duplicates come under the purview of Section 90.953 . . .

FREDERICKS, v. G. HOWELL,, 426 So. 2d 1200 (Fla. Dist. Ct. App. 1983)

. . . . § 90.953, Fla.Stat. (1981). . . .

G. E. G. a v. STATE, 417 So. 2d 975 (Fla. 1982)

. . . as did both the third district court in Alexander and the fifth district court in this case. .See § 90.953 . . .

LOWERY, v. STATE, 402 So. 2d 1287 (Fla. Dist. Ct. App. 1981)

. . . instrument and, therefore, a duplicate of it is not admissible in place of the original pursuant to section 90.953 . . .

CONTES v. ZANZARELLA, 47 Fla. Supp. 78 (Broward Cty. Ct. 1977)

. . . The carbon copy is not admissible because it is not the best evidence as provided in Section 90.953, . . .