Florida/Georgia Personal Injury & Workers Compensation

...oblems he had over many years, including suicide attempts and treatment by medication. The record, however, indicates that Johnson's counsel attempted to introduce these records without authenticating them, which is required under the evidence code. § 90.901-902, Fla....

...s he had over many years, including suicide attempts and treatment by medication. *663 The record, however, indicates that Johnson's counsel attempted to introduce these records without authenticating them, which is required under the evidence code. § 90.901-902, Fla....

...Admission of Coday's Signed, Written Confession into Evidence Coday objected to the introduction of his signed, written confession on the ground *1000 that the State had not laid the foundation that it was authentic. The trial court overruled the objection and admitted the document. Coday asserts that this was error under section 90.901, Florida Statutes (1997), which requires authentication of a document as a condition precedent to its admissibility. While section 90.901 requires the authentication or identification of a document prior to its admission into evidence, the requirements of this section are satisfied by evidence sufficient to support a finding that the document in question is what its proponent claims. See § 90.901, Fla....

...into evidence be authenticated. Here the tape recording was authenticated and was therefore properly admitted. The laying of the predicate requires "evidence sufficient to support a finding that the matter in question is what its proponent claims." § 90.901, Fla....

...vidence that the tape, or the agreement memorialized *1005 therein, was incorporated as part of the plea agreement. Further, absent a stipulation, the tape must be authenticated as a true representation of Oquendo's substantial assistance agreement. § 90.901, Fla....

...§§ 90.401-.402, Fla. Stat. (1981). Relevancy is a broad, malleable concept that may involve many different inquiries to determine whether evidence tends to prove or disprove a material fact. One such inquiry is authenticity. See, e.g., 6C Fla. Stat. Ann. § 90.901 p....

...He only determines whether prima facie evidence of its genuineness exists. Once the matter has been admitted the opposing party may challenge its genuineness. The jury then determines as a matter of fact whether the proffered evidence is genuine. Ehrhardt, supra, § 901.1, at 570-71. See also, e.g., 6C Fla. Stat. Ann. § 90.901, at 376-81 (West 1979) (Law Revision Council Note — 1976); McCormick, supra, § 227; VII Wigmore on Evidence § 2128 (J....

...e-stamped at 9:19 a.m. However, the receipt was missing the register number, cashier number, and the transaction number. The defense argued that this receipt should not be admitted because it had not been authenticated by a Walgreens representative. Section 90.901, Florida Statutes (2009), requires the authentication or identification of a document prior to its admission into evidence. However, the requirements of section 90.901 “are satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.” § 90.901, Fla....

...ordings of telephone conversations between Reed, Daniels and Rogers where the tapes were not properly authenticated and were inaudible. We disagree. Authentication is necessary to establish that "the matter in question is what its proponent claims." § 90.901, Fla....

...The State responds there was no error in admitting the images because they were satisfactorily authenticated, relevant, and not hearsay. We review trial court decisions on the admission of evidence for an abuse of discretion. Cooper v. State, 45 So.3d 490, 492 (Fla. 4th DCA 2010). Section 90.901 addresses the authentication of evidence. It provides, “Authentication ... of evidence ... [is] satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.” § 90.901, Fla....

...emological prescriptions in the search for reliable and trustworthy knowledge. See, e.g., § 90.402 ("All relevant evidence is admissible, except as provided by law."); § 90.802 (except as provided by statute hearsay is categorically inadmissible); § 90.901 (authentication or identification required)....

...We conclude that the objections concerning discrepancies in the transcript used are properly viewed as matters bearing on the issue of authentication. Here, although the transcript was not admitted as evidence, the authentication of the transcript conformed to the rule for authentication for use as evidence, section 90.901, Florida Evidence Code, and an abuse of discretion by the trial judge in denying objections to use of the transcript based upon alleged inaccuracies or discrepancies has not been demonstrated. Cf., Justus v. State, 438 So.2d 358, 365 (Fla. 1983) (under evidence code, section 90.901, Florida Statutes (1981), the trial judge must evaluate each instance on its own merits, there being no specific list of requirements for such determination, and unless "clearly erroneous," the trial court's determination of matters relating to authenticity must stand); Allen v....

...ead a transcript of a videotaped conversation. In this case, I am convinced this was harmless error. I adhere to my opinion in Taylor v. State, 508 So.2d 1265 (Fla. 1st DCA 1987), and suggest that the majority has further misapplied and misconstrued section 90.901, Florida Statutes (1983)....

...' compensation law, excepts workers' compensation hearings from the rules of evidence. See Martin Marietta Corp. v. Roop, 566 So.2d 40, 42 (Fla. 1st DCA 1990). Authentication of evidence is required as a condition precedent to its admissibility. See § 90.901, Fla....

...fendant's child, who was referred to in the letter by a nickname. Lynn testified that he did not know any of the three co-defendants prior to their incarceration. Based upon this evidence, the trial court ruled that the letter could not be admitted. Section 90.901 of the Florida Statutes (1995) [1] requires authentication or identification of evidence as a condition precedent to its admission as evidence....

...nt, or someone acting as his scribe, penned the letter. Accordingly, we reverse the trial court's suppression order and remand this matter to the trial court for further proceedings. REVERSED and REMANDED. DAUKSCH and GRIFFIN, JJ., concur. NOTES [1] 90.901 Requirement of authentication or identification....

...Although they contained certificates similar to the one set out above, they were not signed by the judge. The fingerprint cards were not, therefore, admissible under section 921.241(3). The state presented no evidence about how the fingerprints were obtained to *326 establish that the prints on the cards were Louis's. Section 90.901, Florida Statutes (1991), requires authentication of evidence as a condition precedent to its admissibility....

...The admissibility of evidence is within the sound discretion of the trial court, subject to the rules of evidence, and will not be reversed absent a clear abuse of that discretion. See Vargas v. State, 101 So.3d 1269, 1270 (Fla. 4th DCA 2012); Jackson v. State, 979 So.2d 1153, 1154 (Fla. 5th DCA 2008). Section 90.901, Florida Statutes (2010), addresses authentication and provides that it is a condition precedent to admissibility....

...2016). “Authentication or identification of evidence is required as a condition precedent to its admissibility. The requirements of this section are satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.” § 90.901, Fla....

...State, 900 So.2d 495, 514 (Fla.2005); Ray v. State, 755 So.2d 604, 610 (Fla.2000); Huff v. State, 569 So.2d 1247, 1248 (Fla.1990), cert. denied, 531 U.S. 1082, 121 S.Ct. 785, 148 L.Ed.2d 681 (2001); Curry v. State, 839 So.2d 887, 888 (Fla. 3d DCA 2003). Section 90.901, Florida Statutes (2006), requires as a condition precedent to admissibility that evidence be identified or authenticated....

...1970, 72 L.Ed.2d 440 (1982). See also Henry v. State, 629 So.2d 1058, 1059 (Fla. 5th DCA 1993); Harris v. State, 619 So.2d 340, 342 (Fla. 1st DCA 1993). In the present case there are numerous indicators of the authenticity of the tape for purposes of section 90.901....

...ngly affirm. There was ample evidence of the authenticity of the tape, and there was simply nothing peculiar about the order in which the tape was admitted. We note in passing that even if the tape had not been properly authenticated for purposes of section 90.901, the error would have been harmless, given the overwhelming amount of evidence in support of the State's case....

...acter of legislative proceedings and require close scrutiny by the factfinder under chapter 90, Florida Statutes. [10] Public records and reports are admissible as an exception to the hearsay rule, section 90.803(8), provided they are authenticated, section 90.901, by a custodian, sections 90.902(4) and 90.955....

...The standard required- to authenticate evidence first admitted during the penalty phase of a capital trial is a novel issue for this Court. Generally, the proponent of photographic or videographic evidence bears the burden of establishing that the evidence is a fair and accurate representation of the events depicted. See § 90.901, Fla....

...and a man alleged to be Hernandez. Hernandez objected to the introduction of the tape, arguing that the State failed to offer any evidence tending to prove that his was the other voice heard on the tape allegedly discussing a drug transaction. Under section 90.901, Florida Statutes (2001), "[a]uthentication or identification of evidence is required as a condition precedent to its admissibility....

...to operate it, that the equipment was working, and all that." Initially, we note that the predicate necessary to authenticate the videotape requires "evidence sufficient to support a finding that the matter in question is what its proponent claims." § 90.901, Fla....

...An outside document may be incorporated by reference into a contract. See BGT Grp., Inc. v. Tradewinds Engine Servs., LLC, 62 So.3d 1192, 1194 (Fla. 4th DCA 2011). This outside document must be authenticated, and authenticity is a question of fact. See § 90.901, Fla....

...thhold such permits at its discretion, or, if such permit is issued, "to limit or prescribe conditions *1122 of operation of such vehicle or vehicles... ." The document in question was authenticated by the testimony of the Department's official (see section 90.901, Florida Statutes), and is not subject to the hearsay and other objections dealt with in our opinion on the prior appearance of this case, Sikes v....

is a condition precedent to its admissibility. § 90,901, Fla. Stat. (1989). Since Mr. Smith is not a custodian

...y, reverse and remand for further proceedings. See Department of Health & Rehabilitative Servs. v. Thibodeaux, 547 So.2d 1243 (Fla. 2d DCA 1989). Authentication or identification of evidence is required as a condition precedent to its admissibility. § 90.901, Fla. Stat. (1993). In this case, Mr. Mills had the option of authenticating the modification agreement by either using extrinsic evidence sufficient to support a finding that the agreement met the requirements of section 90.901 or by showing that the agreement met the self-authenticating requirements of section 90.902, Florida Statutes (1993)....

...the money that evening which enabled him to identify it as the same he had delivered to Hutchinson. We conclude that this predicate was insufficient to support the admissibility of the photocopy under the relevant provisions of the evidence code. §§ 90.901, 90.952, 90.953, and 90.954, Florida Statutes (1989)....

...that the court erred in receiving the photocopy in evidence over the defendant' objection. However, I would not rely upon the best evidence rule. Instead, I would rely upon the more basic deficiency of a lack of identification or authentication. See § 90.901, Fla....

...rida Statutes (1981), if the tape itself (as the best evidence, section 90.952, Florida Statutes (1981)) was lost or destroyed, the transcript in this case was not admissible because its authenticity was never established as required under the code, section 90.901....

...ese insertions appear, that the accuracy of the transcript was not materially affected. The test for authentication under the code is whether the evidence is "sufficient to support a finding that the matter in question is what its proponent claims." § 90.901, Fla....

...cretion standard of review, as limited by the rules of evidence. See Johnson v. State, 40 So.3d 883, 886 (Fla. 4th DCA 2010). Here the trial court acted well within its discretion. Evidence must be authenticated prior to its admission into evidence. § 90.901, Fla....

...The trial court agreed and dismissed the case. -2-  Analysis Florida law requires the authentication of a document prior to its admission into evidence. See § 90.901, Fla....

...2d DCA 2013) (holding that unauthenticated default letters from lender could not be considered in mortgage foreclosure summary judgment). Proffered evidence is authenticated when its proponent introduces sufficient evidence "to support a finding that the matter in question is what its proponent claims." § 90.901; Coday v. State, 946 So. 2d 988, 1000 (Fla. 2006) ("While section 90.901 requires the authentication or identification of a document prior to its admission into evidence, the requirements of this section are satisfied by evidence sufficient to support a finding that the document in question is what its p...

...There is no indication that the records at issue are not what they purport to be. See Mims v. Old Line Life Ins. Co. of Am., 46 F.Supp.2d 1251, 1260 (M.D.Fla.1999). "[A]uthentication or identification of evidence is required as a condition precedent to its admissibility." § 90.901, Fla....

...sk her if she was the person shown in the tape. Plaintiffs' *388 objection, however, was not that she was not depicted, but rather that they were unable to cross-examine the person making the tape about what had been left out. The court admitted it. Section 90.901, Florida Statutes (1997), requires evidence to be authenticated....

...rt, at trial, at which time Hidden *1269 Ridge immediately objected based on the improper predicate for entry of the business record. . Appellant contests the “authentication” of the business records, a condition precedent to admissibility under section 90.901, Florida Statutes (2014)....

...It introduced a mere copy of the agreement. The agreement was not listed on appellee's pretrial catalogue of exhibits nor did appellee make any demand upon appellant to produce the original of the agreement. Since appellee did not comply with either section 90.901, (requirement of authentication or identification) or section 90.952 (requirement of originals), Florida Statutes (1981), the agreement should not have been allowed into evidence....

...The Florida Evidence Code provides the following: "Authentication or identification of evidence is required as a condition precedent to its admissibility. The requirements of this section are satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims." § 90.901, Fla....

...Although we listed the proper operation of the recording device and proper manner of operation as two such facts, this aspect of our discussions was dicta. [1] The requirement of authenticity is "satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims." § 90.901, Fla....

...Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant. Bill McCollum, Attorney General, and Michael C. Greenberg, Assistant Attorney General, for appellee. Before COPE, SUAREZ, and LAGOA, JJ. PER CURIAM. Affirmed. § 90.901, Fla....

...." When the trial court found a prima facie showing of authenticity, the notes became evidence at the hearing. Id. Appellant could have presented evidence to controvert the authenticity of the notes. Id. However, he did not. We hold that the requirements of section 90.901 of the Florida Evidence Code were satisfied by evidence sufficient to support the trial court's finding that the waiver note was what the state claimed — an official document of the Belgian Government....

...rom criminal prosecution is evidenced in the record by several photocopied diplomatic notes between the Belgian Embassy and the United States Department of State. However, since the diplomatic notes were neither properly authenticated as required by section 90.901, Florida Statutes (1989), nor were self-authenticating as defined in section 90.902, Florida Statutes (1989), the notes were inadmissible and do not constitute an effective express waiver by Belgium of Van Den Borre's immunity from criminal prosecution. Under section 90.901, evidence is authenticated when prima facie evidence is introduced to prove that the proffered evidence is that which the proponent of the evidence claims it to be. In the proceeding below, the state introduced no evidence which established the authenticity of the diplomatic notes. Thus, since section 90.901 requires that a document be authenticated as a condition precedent to its admissibility into evidence, the diplomatic notes were erroneously admitted in the instant case and cannot provide a basis for an express waiver by Belgium of Van Den Borre's immunity from criminal prosecution....

...as selecting Dr. Macksoud as her "second opinion." Evidence Supporting Claimant's Selection The requirements of the evidence code are satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. See § 90.901, Fla....

...Giannelli, F. Gilligan & F. Lederer, Courtroom Criminal Evidence, § 401 (1987) [hereinafter Imwinkelried]. Before any writing may be admitted into evidence, its authenticity must be preliminarily proven. Yates v. Bass Ranch, 379 So.2d 710 (Fla. 4th DCA 1980); § 90.901, Fla. Stat. (1987). "The requirements of [authentication] are satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims." § 90.901, Fla. Stat. (1987). Therefore, any writing offered in evidence should be accompanied by competent proof showing its genuineness. Mallory v. Edgar, 128 Fla. 812, 175 So. 863 (1937). In the instant case, the state argues that under section 90.901, Florida Statutes (1987), the letter is inadmissible because its genuineness was not proven....

...epicted on the video tape. See Loren v. State, 518 So.2d 342, 347 (Fla. 1st DCA 1987); Golden v. State, 429 So.2d 45, 50 (Fla. 1st DCA 1983). Mr. Hunt does not contest the accuracy of the transcript. See Hill v. State, 549 So.2d 179, 182 (Fla.1989). Section 90.901, Florida Statutes (1997) provides simply: Authentication or identification of evidence is required as a condition precedent to its admissibility....

...and that a field test indicated that it was cocaine. Id. The trial court below relied on L.R. to grant Mr. Hampton's posttrial motion for judgment of acquittal. The State then appealed. II. Chain of Custody as Preliminary Evidence of Identity under Section 90.901 We are not convinced that L.R....

...m the scene of the undercover operation. Mr. Hampton did not object or require the State to provide a better chain of custody. Both the issue in L.R. and the issue in this case, addressing the admissibility of an exhibit, are properly analyzed under section 90.901, Florida Statutes (2008). But the analysis is somewhat different. Section 90.901 provides: "Authentication or identification of evidence is required as a condition precedent to its admissibility....

...that the undercover officer purchased in the transaction? Authenticity in this type of case may well require testimony from a qualified expert, [2] but the question of identity is normally answered by evidence establishing a chain of custody. Under section 90.901, evidence of a chain of custody is provided as preliminary or foundational evidence, as the "condition precedent" to the admissibility of an exhibit....

...Once a prima facie showing of authenticity is made, the evidence comes in, and the ultimate question of authenticity is for the jury. McCormick, Evidence § 227 (2nd Ed. 1972). The admission into evidence of a matter merely indicates initial sufficiency for presentation to the trier of fact. § 90.901, Fla....

...idence, "the court is of the opinion that the evidence is insufficient to warrant a conviction"). The dispositive question in this case is whether a defendant may also remain silent when the State is presenting preliminary evidence of identity under section 90.901 that is necessary to introduce evidence to establish the elements of the offense; or, stated in another manner, whether a defendant can waive his or her right to such preliminary evidence by allowing the State to introduce the evidence without a complete preliminary presentation....

...cumstances. See Brooks v. State, 762 So.2d 879, 892-94 (Fla.2000); Johnson v. State, 929 So.2d 4, 7 n. 1 (Fla. 2d DCA 2005); Sinclair v. State, 995 So.2d 552 (Fla. 3d DCA 2008). This too is an issue involving foundational or predicate evidence under section 90.901, but it is not the issue we address in this case....

...“Authentication or identification of evidence is required as a condition precedent to its admissibility. The requirements of this section are satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.” § 90.901, Fla. Stat. (2014). With regards to the admission of audio recordings, “there [is] no specific list of requirements” to determine compliance with section 90.901....

...Also, threshold authentication of a bilateral contract such as the assignment can be accomplished by either party to the document. The personal representative’s testimony, as one of two signators, was “evidence sufficient to support a finding that the matter in question is what its proponent claims.” § 90.901, Fla....

...te the instrument will be required. But courts have increasingly adopted a very practical approach, particularly where there is no indication that the records at issue are not what they purport to be.” Ramirez, Florida Evidence Manual, Second Ed., § 90.901.1 [b] at 9-9 (citing Mims v....

...on the phone, she did not see the child dial 911 and did not actually hear the call in progress. The officer could merely identify D.D.B.’s voice on the audio recording. We conclude that the court allowed the State to introduce the audio recording without sufficient authentication. See § 90.901, Fla....

PER CURIAM. Affirmed. See § 90.901, Fla....

...Olson, 468 So.2d 266 (Fla. 2d DCA), review denied, 482 So.2d 347 (Fla.1985); § 627.638, Fla.Stat. (1989). With regard to the specific evidentiary objections of the insurer, we conclude that the assignment of benefits form was properly authenticated. See § 90.901, Fla.Stat....

...ate them as such. See, e.g., Jacksonville Elec. Auth. v. Dep’t of Rev., 486 So.2d 1350, 1354 (Fla. 1st DCA 1986) (“Public records and reports are admissible as an exception to the hearsay rule, section 90.803(8), provided they are authenticated, section 90.901, by a custodian, sections 90.902(4) and 90.955.”); see also St....

...We consider each of these reasons in turn. As to authentication, while authentication of evidence is required as a condition precedent to its admissibility, authentication is “satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.” § 90.901, Fla....

...A waiver of the benefit of any law intended for the advantage or protection of an obligor. 5 The requirements of this section are satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.” § 90.901, Fla. Stat....

...Simmons and it was properly admitted as a business record exception to the hearsay rule. Because the authentication and business record issues are intertwined and involve overlapping discussion we address them jointly below. Authentication is a condition precedent to the admission of evidence. § 90.901, Fla....

...on as the exclusive method of authentication. Self-authentication is, instead, merely a streamlined alternative to the more tedious authentication procedure; while documents must be authenticated to be admitted, they need not be self -authenticated. Section 90.901, Florida Statutes (1987), provides that the authentication requirement is satisfied by evidence "sufficient to support a finding that the matter in question is what its proponent claims." Since traditional methods of authentication (e....

...Marietta Dodge, 692 F.2d 1335, 1338 (11th Cir.1982). See United States v. Perlmuter, 693 F.2d 1290, 1292 (9th Cir.1982). Lastly, we note that the trial judge's admission of the medical records did not conclusively establish their authenticity. The Law Revision Council Note to Section 90.901 points out that the "admission into evidence of a matter merely indicates initial sufficiency for presentation to the trier of fact....

...The still photographs allegedly depicting the condominium surveillance camera frames of Mr. Lerner at Mr. Winston’s condominium the morning of the incident were admitted over a 4 timely objection to authenticity and identification. Section 90.901, Florida Statutes (2014), states: Authentication or identification of evidence is required as a condition precedent to its admissibility....

...tion.” The provision allows the admission of specified medical reports without the necessity of calling the medical record custodian if “proper motion’’ is made .... Charles W. Ehrhardt, Florida Evidence § 103.8 (2011 ed.) (emphasis added). Section 90.901, Florida Statutes (2011), states, “Authentication or identification of evidence is required as a condition precedent to its admissibility....

...e rules of evidence. Amos v. Gartner, Inc., 17 So.3d 829, 833 (Fla. 1st DCA 2009) (citing Martin Marietta Corp. v. Roop, 566 So.2d 40, 42 (Fla. 1st DCA 1990)). Authentication of evidence is required as a condition precedent to its admissibility. See § 90.901, Fla....

...Finally, we turn to whether the videotape was properly authenticated through the testimony of the deputy who conducted the initial traffic stop. Because the trial court held that the videotape was inadmissible under Crawford , the court never determined whether the State properly authenticated the videotape under section 90.901, Florida Statutes (2010) (“Authentication or identification of evidence is required as a condition precedent to its admissibility....

798 So. 2d 870, 874 (Fla. 4th DCA 2001). Section 90.901, Florida Statutes (2019) provides: “[a]uthentication

...“Authentication or identification of evidence is required as a condition precedent to its admissibility. The requirements of this section are satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.” § 90.901, Fla....

...Beazley argues the pills, regardless of whether they were shown to be controlled substances or not, were rendered inadmissible by virtue of the tampering committed by the FDLE analyst. Evidence for which there is some indication of probable tampering is inadmissible, notes Beazley. See § 90.901, Fla....

PER CURIAM. Affirmed. § 90.901, Fla....

...ice through the issuance of the 1099. Additionally, Your Honor, it’s my contention, like I said – and I know that Your Honor has made his ruling but – but Your Honor, it’s also my contention that pursuant to [section] 90.901[, Florida Statutes], the 1099 is unauthenticated....

...137 So. 3d at 499 (internal citations, quotation marks, and brackets omitted. Here, the circuit court erred in relying on the dollar amounts contained in the 1099-A forms and the borrower’s statements that the property contained two units. Section 90.901, Florida Statutes (2019), provides: “Authentication or identification of evidence is required as a condition precedent to its admissibility....

...However, the solu *72 tion to the problem exists in section 34.017(1), Florida Statutes (2014); 5 not through a second-tier certiorari proceeding. See Stilson, 692 So.2d at 983 . PETITION DENIED. ORFINGER, EVANDER, and ' LAMBERT, JJ., concur. . See § 90.901, Fla....

...racter of legislative proceedings and require close scrutiny by the factfinder under chapter 90, Florida Statutes. 10 Public records and reports are admissible as an exception to the hearsay rule, section 90.-803(8), provided they are authenticated, section 90.901, by a custodian, sections 90.-902(4) and 90.955....

condition precedent to its admissibility." § 90.901. Although "authentication for the purpose

...18 Finally, although GPS data from a monitoring device is not hearsay and therefore should not be admitted under the business records hearsay exception, “[a]uthentication or identification . . . is required as a condition precedent to its admissibility.” 19 See § 90.901, Fla....

...from information transmitted by a person with knowledge; (3) was kept in the ordinary course of a regularly conducted business activity; and (4) that it was a regular practice of that business to make such a record.”) with State v. Love, 691 So. 2d 620, 621 (Fla. 5th DCA 1997) (“Section 90.901....

...30 is “satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.” Id. Thus, if R.LG. doubted the reliability of the GPS alerts, he could have challenged their admissibility pursuant to section 90.901. However, that was not done in this case. Because the only issue before this court is whether the GPS alerts generated by a monitoring device are hearsay and not whether they were properly authenticated pursuant to section 90.901, I would affirm without further discussion of the authentication issue. In conclusion, I would hold that the GPS alerts were not hearsay and were thus properly considered by the trial court, and therefore, there was competent substantial evidence to support the trial court’s order finding R.L.G....

...authenticated by a witness who participated in the recorded phone call or otherwise heard the conversation live and testifies that the recording accurately reflects the conversation. We respectfully but firmly decline to adopt such a holding. Section 90.901, Florida Statutes (2023), provides that “[a]uthentication or identification of evidence is required as a condition precedent to its admissibility....

...operating properly, (2) the device was operated in a proper manner, (3) the recording was accurate, and (4) the voices of the persons speaking were 1 Because the Florida Evidence Code is modeled after the Federal Rules of Evidence—and specifically because Section 90.901 of the Florida Evidence Code is modeled after Federal Rule of Evidence 901—it is proper for this Court to consider federal courts’ interpretations of Rule 901 when interpreting Section 90.901....

...3d 647, 650 (Fla. 4th DCA 2013) (quoting Jackson v. State, 979 So. 2d 1153, 1155 (Fla. 5th DCA 2008)). “With regards to the admission of audio recordings,” however, “‘there [is] no specific list of requirements’ to determine compliance with section 90.901.” Santana v....

...audio recordings because in the prior sentence, the court clearly noted there are multiple ways to authenticate audio recordings, stating: “With regards to the admission of audio recordings, ‘there [is] no specific list of requirements’ to determine compliance with section 90.901.” Id....

...e authenticated by circumstantial evidence. 16  This is painting with too broad a brush. We see no basis for this exception in the language adopted by the Legislature in requiring authentication. See § 90.901, Fla....

...The State of Florida Case No. 3D23-1853 GOODEN, J., dissenting. I must respectfully dissent. While the threshold for authentication is low, I do not believe that hurdle was crossed under these facts. Section 90.901, Florida Statutes, states that authentication is “satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.” § 90.901, Fla....

...unable to determine if terms discussed in taped SAA were incorporated into the plea entered before the court). As this court pointed out in Oquendo , absent a stipulation, the tape would have to be authenticated as a true representation of the SAA. § 90.901, Fla....

...In this workers’ compensation appeal, the employer/carrier (E/C) argues the *265 Judge of Compensation Claims (JCC) erred by: (1) determining that section 440.29(4), Florida Statutes (2008), was not only a business records exception to the hearsay rule under section 90.803(6), Florida Statutes, but also an exception to the section 90.901, Florida Statutes, rule requiring documents be authenticated; (2) failing to require Claimant to prove that her subsequent workplace accident did not break the chain of causation; (3) barring cross-examination of Claimant concerning her choice of treatment regimens; and (4) awarding attorney’s fees and costs....

...1st DCA 1997) (reversing JCC’s receipt into evidence, over claimant’s objection, of medical narrative and addendum created for purposes of litigation, because they fell outside scope of section 440.29(4)). Thus, these records are readily available to E/C’s. Section 90.901, Florida Statutes (2008), states, “[ajuthentication or identification of evidence is required as a condition precedent to its admissibility....

...al court’s factual findings but review legal conclusions de novo. Woods v. State, 25 So.3d 669, 670 (Fla. 4th DCA 2010). We begin with whether the State failed to authenticate the consent form in order for it to be properly admitted into evidence. Section 90.901, Florida Statutes (2010), provides “[ajuthentication ......

...engage in fact-finding on a motion to dismiss. Chodorow v. Porto Vita, Ltd., 954 So. 2d 1240, 1242 (Fla. 3d DCA 2007). And because the letter was not supported by affidavit or testimony, was unsworn to, or otherwise authenticated, it is not admissible as evidence. See § 90.901, Fla....

” which we read as an objection based upon section 90.901, Florida Statutes (2014) (“Authentication or

...damaging” to Appellant, the trial court ultimately found that Appellant committed affray by relying almost exclusively on what it saw in the video. Because the State failed to authenticate the video, we reverse the order on appeal and remand for further proceedings. See § 90.901, Fla....

...t, the trial court ultimately found that Appellant committed affray by relying almost exclusively on what it saw in the video. Because the State failed to authenticate the video, we reverse the order on appeal and remand for further proceedings. See § 90.901, Fla....

...Authentication or identification of evidence is required as a condition precedent to its admissibility. The requirements of this section are satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. § 90.901, Fla....

...State, 884 So. 2d 83, 84 (Fla. 2d DCA 2004). ANALYSIS The Florida Evidence Code states that “[a]uthentication or identification of evidence is required as a condition precedent to its admissibility.” § 90.901, Fla....

...Defendant objected to the still photos’ admission, arguing that the State failed to sufficiently authenticate the photos. I agree and would reverse for lack of proper authentication. “Authentication or identification of evidence is required as a condition precedent to its admissibility.” § 90.901, Fla....

...to be. See Daniels v. State, 634 So.2d 187, 192 (Fla. 3d DCA 1994) (citing Justus v. State, 438 So.2d 358, 365 (Fla.1983)). Affirmed. . The two most directly affected witnesses immediately identified the defendant from photo lineups and in court. . Section 90.901, Florida Statutes (2010), requires the authentication or identification of a document prior to its admission into evidence....

...da Statutes, and being disqualified from receiving benefits pursuant to section 440.09(4), Florida Statutes. In making this finding the judge relied on a recorded statement which was not confirmed on this record as being properly authenticated under section 90.901, Florida Statutes....

...Mullens v. State, 197 So. 3d 16, 25 (Fla. 2016). The requirement that evidence be authenticated as a condition of its admissibility is “satisfied by evidence sufficient to support a finding that a matter in question is what its proponent claims.” § 90.901, Fla....

...2016). 25 “Authentication or identification of evidence is required as a condition precedent to its admissibility. The requirements of this section are satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.” § 90.901, Fla....

as a condition precedent to its admissibility.” § 90.901, Fla. Stat. (2016). A litigant can satisfy this

...D.J. appeals from an adjudication of delinquency claiming that the court below *1192 erred in admitting his school attendance record into evidence. While we agree that the court below erred in admitting this evidence without proper authentication, see § 90.901, Fla....

...D.J. appeals from an adjudication of delinquency claiming that the court below *1192 erred in admitting his school attendance record into evidence. While we agree that the court below erred in admitting this evidence without proper authentication, see § 90.901, Fla....

...He further testified that he believed that the transcription was accurate. The secretary testified that she took the tape and accurately transcribed what she heard on it. We believe that this testimony meets the test of authentication as set out in section 90.901, Florida Statutes, and was sufficient, if believed by the jury, to show that “the matter in question is what its proponent claims.” The relevant portion of the statement is as follows: Q....

...An outside document may be incorporated by reference into a contract. See BGT Grp., Inc. v. Tradewinds Engine Servs., LLC, 62 So. 3d 1192, 1194 (Fla. 4th DCA 2011). This outside document must be authenticated, and authenticity is a question of fact. See § 90.901, Fla....

...State, 147 So.3d 537, 542-43 (Fla. 4th DCA 2014) (where detective was in no better position to view and interpret poor-quality video, admission of opinion testimony invaded province of jury). We begin our analysis of Evans by emphasizing that it is not premised on section 90.901, Florida Statutes, which addresses the requirement of authentication that an item offered into evidence is what its proponent claims....

...2007). “Authentication or identification of evidence is required as a condition precedent to its admissibility. The requirements of this section are satisfied by evidence sufficient to support a finding that the matter in 3 question is what its proponent claims.” § 90.901, Fla....