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Florida Statute 90.954 | Lawyer Caselaw & Research
F.S. 90.954 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 90.954

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
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.

F.S. 90.954 on Google Scholar

F.S. 90.954 on Casetext

Amendments to 90.954


Arrestable Offenses / Crimes under Fla. Stat. 90.954
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.954.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MONBESIR, v. STATE, 166 So. 3d 897 (Fla. Dist. Ct. App. 2015)

. . . relating the contents of a voice message from appellant may have been properly denied based upon section 90.954 . . .

YERO, v. STATE, 138 So. 3d 1179 (Fla. Dist. Ct. App. 2014)

. . . Section 90.954(1), Florida Statutes Finally, Yero maintains that the trial court erred in failing to . . . In any event, the testimony was admissible under section 90.954(1), Florida Statutes (2012). . . . [a]ll originals are lost or destroyed, unless the proponent lost or destroyed them in bad faith.” § 90.954 . . .

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

. . . “If a section 90.954 excuse cannot be shown, the testimony of a witness ... about the contents of the . . . Exceptions to the Best Evidence Rule Section 90.954, Florida Statutes (2012), sets forth certain exceptions . . . at the hearing. (4) The writing, recording, or photograph is not related to a controlling issue. § 90.954 . . . We found that the section 90.954(1) “lost or destroyed” exception to the best evidence rule did not apply . . . thus failed to establish that the video view was “lost or destroyed” within the meaning of section 90.954 . . .

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

. . . available, secondary evidence regarding the contents of the original can be admitted under section 90.954 . . . admissible under section 90.953, it was clearly admissible, and ultimately admitted, under section 90.954 . . . 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.” . . . misplaced, and that there was no equivalent of the original proffered, the trial court, pursuant to section 90.954 . . .

J. COVINGTON, v. STATE, 75 So. 3d 371 (Fla. Dist. Ct. App. 2011)

. . . See §§ 90.951-90.954, Fla. Stat. (2009). Reversed and remanded for a new trial. . . .

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

. . . of “other evidence” of the contents of a “writing, recording, or photograph” is governed by section 90.954 . . .

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

. . . conclude that the photographs were properly admitted as duplicates pursuant to sections 90.953 and 90.954 . . . H.A. contends that sections 90.952 to 90.954 required the State to produce the original videotape or . . .

ENVIRONMENTAL SERVICES, INC. v. CARTER,, 9 So. 3d 1258 (Fla. Dist. Ct. App. 2009)

. . . the trial court should have allowed it to establish the contents of the agreement pursuant to section 90.954 . . . Section 90.954(1), Florida Statutes (2008), provides, inter alia, that the original of a writing is not . . . the proponent provides a satisfactory explanation that the original contract was lost or destroyed. § 90.954 . . . duplicates, on remand, trial court could allow party to establish contents of documents under section 90.954 . . .

ENGLAND, v. STATE, 940 So. 2d 389 (Fla. 2006)

. . . .” § 90.954, Fla. Stat. (2005) (emphasis supplied). . . .

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

. . . Section 90.954 of the Florida Statutes (2000) further explains that: 90.954 Admissibility of other evidence . . . at the hearing. (4) The writing, recording, or photograph is not related to a controlling issue. § 90.954 . . .

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

. . . Section 90.954, Florida Statutes, amplifies the preceding statute by providing that: The original of . . .

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)

. . . that because the appellee/cross appellant has not substantiated any claim, under Sections 90.953 and 90.954 . . .

INSURANCE COMPANY OF NORTH AMERICA, v. COOKE,, 624 So. 2d 252 (Fla. 1993)

. . . notice, secondary evidence is admissible for such purpose if one of the exceptions set forth in section 90.954 . . . their unavailability was not the result of bad faith on the part of the proponent of the evidence. § 90.954 . . .

INSURANCE COMPANY OF STATE OF PENNSYLVANIA, B G v. GENOVA EXPRESS LINES, INC., 605 So. 2d 941 (Fla. Dist. Ct. App. 1992)

. . . Section 90.954 provides, inter alia, that the original of a writing is not required and other evidence . . .

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. 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)

. . . Section 90.954 provides for the admissibility of a duplicate when: (1) All originals are lost or destroyed . . . In both instances Saporito was not permitted to make a proper showing under sections 90.953 and 90.954 . . .

ALBERTSONS, INC. v. ALL CARE ENTERPRISES, INC., 503 So. 2d 463 (Fla. Dist. Ct. App. 1987)

. . . appellant should be given another opportunity upon retrial to demonstrate its compliance with section 90.954 . . .

ALLEN, v. STATE, 492 So. 2d 802 (Fla. Dist. Ct. App. 1986)

. . . tape-recorded confession would be admissible as secondary evidence under the Florida Evidence Code, section 90.954 . . .

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

. . . correct in their contention that the copy is not a duplicate, it is still admissible under section 90.954 . . . 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. . . . Section 90.954 provides for admission of other evidence of the contents of the writing (i.e., evidence . . .

HERNANDEZ v. PINO, D. D. S. a, 482 So. 2d 450 (Fla. Dist. Ct. App. 1986)

. . . See § 90.954, Fla.Stat. (1983); Valcin v. . . . On the present state of the record, the question is answered by the best evidence rule, section 90.954 . . .

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

. . . However, section 90.954, Florida Statutes (1979), abolishes the distinction made between degrees of secondary . . . Law Revision Counsel note section 90.954; Evidence in Florida § 8.11, The Florida Bar (2d ed. 1978). . . . original would be subject to proof at the hearing, and such original is not produced at the hearing. § 90.954 . . . Under these circumstances, section 90.954 permits the admission of other evidence regarding the contents . . . See § 90.954, Fla.Stat. . . .

L. O NEAL O v. BOLLING,, 409 So. 2d 1171 (Fla. Dist. Ct. App. 1982)

. . . existed, it may allow Bolling to establish the contents of the notes in the manner provided in Section 90.954 . . .

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

. . . However, section 90.954, Florida Statutes (1979), abolishes the distinction made between degrees of secondary . . . Law Revision Counsel note section 90.954; Evidence in Florida § 8.11, The Florida Bar (2d ed. 1978). . . .

ACTION FIRE SAFETY EQUIPMENT, INC. v. BISCAYNE FIRE EQUIPMENT COMPANY, INC., 383 So. 2d 969 (Fla. Dist. Ct. App. 1980)

. . . See § 90.954, Fla.Stat. . . . .