Florida Statute 90.954 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.954

90.954 Admissibility of other evidence of contents.—The original of a writing, recording, or photograph is not required, except as provided in s. 90.953, and other evidence of its contents is admissible when:

(1) All originals are lost or destroyed, unless the proponent lost or destroyed them in bad faith.

(2) An original cannot be obtained in this state by any judicial process or procedure.

(3) An original was under the control of the party against whom offered at a time when that party was put on notice by the pleadings or by written notice from the adverse party that the contents of such original would be subject to proof at the hearing, and such original is not produced at the hearing.

(4) The writing, recording, or photograph is not related to a controlling issue.

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. 502, ch. 95-147.

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Amendments to 90.954

Annotations, Discussions, Cases:

Cases Citing Statute 90.954

Total Results: 21

England v. State

940 So. 2d 389, 2006 WL 1472909

Supreme Court of Florida | Filed: Sep 28, 2006 | Docket: 433583

Cited 151 times | Published

proponent lost or destroyed them in bad faith." § 90.954, Fla. Stat. (2005) (emphasis supplied). Here,

ENVIRONMENTAL SERVICES, INC. v. Carter

9 So. 3d 1258, 29 I.E.R. Cas. (BNA) 633, 2009 Fla. App. LEXIS 3459, 2009 WL 1097261

District Court of Appeal of Florida | Filed: Apr 24, 2009 | Docket: 2518682

Cited 17 times | Published

agreement pursuant to section 90.954, Florida Statutes (2005). Section 90.954(1), Florida Statutes (2008)

Insurance Company of North America v. Cooke

624 So. 2d 252, 18 Fla. L. Weekly Supp. 488, 1993 Fla. LEXIS 1416, 1993 WL 365848

Supreme Court of Florida | Filed: Sep 16, 1993 | Docket: 475666

Cited 7 times | Published

purpose if one of the exceptions set forth in section 90.954 is established. Thus, for example, the printout

Saporito v. Madras

576 So. 2d 1342, 1991 WL 41025

District Court of Appeal of Florida | Filed: Mar 28, 1991 | Docket: 1669720

Cited 7 times | Published

admit the duplicate in lieu of the original." Section 90.954 provides for the admissibility of a duplicate

Dyer v. State

26 So. 3d 700, 2010 Fla. App. LEXIS 914, 2010 WL 366590

District Court of Appeal of Florida | Filed: Feb 3, 2010 | Docket: 1468415

Cited 4 times | Published

"writing, recording, or photograph" is governed by section 90.954, titled "Admissibility of other evidence of

Russell v. State

844 So. 2d 725, 2003 WL 21032043

District Court of Appeal of Florida | Filed: May 9, 2003 | Docket: 1662230

Cited 4 times | Published

or photograph. § 90.952, Fla. Stat (2000). Section 90.954 of the Florida Statutes (2000) further explains

Allen v. State

492 So. 2d 802, 11 Fla. L. Weekly 1753

District Court of Appeal of Florida | Filed: Aug 11, 1986 | Docket: 478436

Cited 4 times | Published

secondary evidence under the Florida Evidence Code, section 90.954(1), Florida Statutes (1981), if the tape itself

Lowery v. State

402 So. 2d 1287

District Court of Appeal of Florida | Filed: Aug 12, 1981 | Docket: 1691459

Cited 4 times | Published

159 Fla. 430, 31 So.2d 635 (1947). However, section 90.954, Florida Statutes (1979), abolishes the distinction

Action Fire Safety v. BISCAYNE FIRE EQUIPMENT

383 So. 2d 969, 1980 Fla. App. LEXIS 16734

District Court of Appeal of Florida | Filed: May 27, 1980 | Docket: 457412

Cited 4 times | Published

evidence, is used in the Florida Evidence Code. See § 90.954, Fla. Stat. [8] Biscayne's argument is simply

T.D.W. v. State

137 So. 3d 574, 2014 WL 1686462, 2014 Fla. App. LEXIS 6213

District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60240376

Cited 3 times | Published

Florida Evidence § 952.1 (2012 ed.). “If a section 90.954 excuse cannot be shown, the testimony of a

McKeehan v. State

838 So. 2d 1257, 2003 WL 1092750

District Court of Appeal of Florida | Filed: Mar 14, 2003 | Docket: 461413

Cited 2 times | Published

contents of the writing, recording, or photograph. Section 90.954, Florida Statutes, amplifies the preceding

Hernandez v. Pino

482 So. 2d 450, 11 Fla. L. Weekly 209

District Court of Appeal of Florida | Filed: Jan 14, 1986 | Docket: 1769697

Cited 2 times | Published

loss or destruction was not in bad faith. See § 90.954, Fla. Stat. (1983); Valcin v. Public Health Trust

Rainess v. Estate of MacHida

81 So. 3d 504, 2012 WL 283089, 2012 Fla. App. LEXIS 1335

District Court of Appeal of Florida | Filed: Feb 1, 2012 | Docket: 2413470

Cited 1 times | Published

contents of the original can be admitted under section 90.954, which states, in relevant part: "The original

Insurance Co. v. GENOVA EXP. LINES

605 So. 2d 941, 1992 WL 240675

District Court of Appeal of Florida | Filed: Sep 29, 1992 | Docket: 1702237

Cited 1 times | Published

the original contract was lost or destroyed.[3] § 90.954(1), Fla. Stat. (1991); Williams v. State, *943

Garcia v. Lopez

483 So. 2d 470, 11 Fla. L. Weekly 422, 1986 Fla. App. LEXIS 6503

District Court of Appeal of Florida | Filed: Feb 11, 1986 | Docket: 64617465

Cited 1 times | Published

still admissible under section 90.954, Florida Statutes (1983). Section 90.954 is broader than section

HUMBERTO HERNANDEZ v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 6, 2021 | Docket: 60627036

Published

Prac., Evidence § 952.1 (2021 ed.); see also § 90.954, Fla. Stat. (2021). It “does not require the

Roosevelt Mondesir v. State of Florida

166 So. 3d 897, 2015 Fla. App. LEXIS 8474

District Court of Appeal of Florida | Filed: Jun 3, 2015 | Docket: 2679284

Published

appellant may have been properly denied based upon section 90.954(3), Florida Statutes (2013), even if error

Yero v. State

138 So. 3d 1179, 2014 WL 2118156, 2014 Fla. App. LEXIS 7701

District Court of Appeal of Florida | Filed: May 21, 2014 | Docket: 60240525

Published

under those cases which is controlling. III. Section 90.954(1), Florida Statutes Finally, Yero maintains

Albertsons, Inc. v. All Care Enterprises, Inc.

503 So. 2d 463, 12 Fla. L. Weekly 749, 1987 Fla. App. LEXIS 12048

District Court of Appeal of Florida | Filed: Mar 11, 1987 | Docket: 64625484

Published

retrial to demonstrate its compliance with section 90.954 of the Florida Evidence Code, Florida Statutes

Fredericks v. Howell

426 So. 2d 1200, 1983 Fla. App. LEXIS 19030

District Court of Appeal of Florida | Filed: Feb 9, 1983 | Docket: 64595137

Published

159 Fla. 430, 31 So.2d 635 (1947). However, section 90.954, Florida Statutes (1979), abolishes the distinction

O'Neal v. Bolling

409 So. 2d 1171, 1982 Fla. App. LEXIS 19283

District Court of Appeal of Florida | Filed: Feb 16, 1982 | Docket: 64587978

Published

contents of the notes in the manner provided in Section 90.954, Florida Statutes (1981), which may be by oral