Florida/Georgia Personal Injury & Workers Compensation

...1st DCA 1985) (adopting rule as stated in Pickrell v. State, 301 So.2d 473, 474 (Fla. 2d DCA 1974) [1] ); see DeSue v. State, 908 So.2d 1116 (Fla. 1st DCA 2005). In appropriate circumstances, a printout may also be admissible as a properly certified copy of an official public record. See § 90.902(4), Fla. Stat. (2003); Charles W. Ehrhardt, Florida Evidence § 902.5, at 945 (2004 ed.) (explaining that to be self-authenticating under section 90.902(4), "the custodian of the document, or other person authorized by statute to make a certification, must certify that the copy is correct and that the person has custody of the original....

...It is a waste of time, money, and judicial effort to require resentencing in this case. NOTES [1] Since July 1, 2003, it has also been possible to establish the predicate for business records "by a certification or declaration that complies with [section 90.803(6)](c) and s. 90.902(11)." Ch. 2003-259, § 2, at 1299, Laws of Fla. Section 90.902(11), Florida Statutes, requires that a certification from the custodian of the records or other qualified person accompany the original or duplicate business record which certifies or declares that the record: (a) Was made at or near t...

...Although one hopes that such an error would be discovered in preparation for trial, the reality of our courts' heavy caseloads is that counsel and trial judges routinely accept as true documents which appear to be reliable reports from known government and private agencies. Section 90.902, Florida Statutes (1987), a part of the evidence code, makes it unnecessary to authenticate with extrinsic evidence documents which purport to be from any state department, officer, or agency....

...a "Certifying Officer," acting under the authority of the Commissioner of Patents and Trademarks, attesting that "annexed is a true copy from the records of this office...." We find that this suffices to make the documents self-authenticating under section 90.902(1)(a)-(b), Florida Statutes (1995)....

...ating. That the handbook is an official book, pamphlet, or other publication "purporting to be issued by a governmental authority" — in this case the Florida Department of Motor Vehicles (DMV) — and is consequently self-authenticating by virtue of Section 90.902(5), Florida Statutes, does not per se establish its trustworthiness....

...held should have been excluded in the King case. Gray, 910 So.2d at 869-870. The document introduced by the State at resentencing in the present case, however, does not suffer from the deficiencies noted with regard to the document at issue in Gray. Section 90.902(11), Florida Statutes, provides: 90.902 Self-authentication.—Extrinsic evidence of authenticity as a condition precedent to admissibility is not required for: ....

...declaration would subject the maker to criminal penalty under the laws of the foreign or domestic location in which the certification or declaration was signed. The affidavit attached to the records in the present case satisfied the requirements of section 90.902(11), Florida Statutes....

...Parker's argument that application of this provision, which became effective after the date of the commission of his offenses, is unconstitutional in violation of the ex post facto provision. Mr. Parker erroneously asserts that prior to enactment of section 90.902(11), the State would have been required to present a witness with personal knowledge of his release date from prison. Instead, the State would have been required to present the live testimony of a records custodian. Section 90.902(11), in the present context, does not result in a conviction based on less evidence than the law required at the time the offense was committed....

...ice of that business activity to make such memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, or as shown by a certification or declaration that complies with paragraph (c) and s. 90.902(11), unless the sources of information or other circumstances show lack of trustworthiness....

...on. NOTES [1] Appellant also argues on appeal that the lab report in question was not a "business record," and accordingly was not properly admitted under the business record exception to the hearsay rule, relying on amendments to section 90.803 and section 90.902, Florida Statutes, enacted by chapter 2003-259, Laws of Florida, as well as Baber v....

...Evidence sufficient to support a finding that the matter in question is what its proponent claims satisfies the authenticity requirement. See id. Extrinsic evidence of authenticity is required except for those documents which are self-authenticating. See § 90.902(1)-(11), Fla....

...ible as a public or business record, and may be utilized to establish a defendant's release date. The two permissible means of authenticating a Crime and Time Report are as follows: "(1) business records certification under sections 90.803(6)(c) and 90.902(11); or (2) public records authentication under seal as provided by section 90.902(1)." Id. at 501. Because the Department's records custodian supplied a certification that complied with sections 90.803(6) and 90.902(11), Florida Statutes (2006), the Crime and Time Report at issue in this case was admissible as a business record....

...Affirmed. NOTES [1] The Certification of Records introduced by the State provided as follows: I, Ramona Cox-Pye, hereby certify that I am a custodian of records of the Florida Department of Corrections, .... Pursuant to sections 90.803(6), 90.803(8), and 90.902(11), Florida Statutes, I hereby certify the following: a) that as part of my regular duties I maintain custody and control of the official records of the Florida Department of Corrections....

...use some other acceptable method of authentication. (Emphasis added)" See C. EHRHARDT, FLORIDA EVIDENCE § 614.1 at 523 (1999 ed.). Thus, the purpose in satisfying the requisites of section 90.614, is to prove that the statement is authentic. Under section 90.902, the prior statement of Saez, which was under official seal within the Coast Guard's report, is a public document which is self-authenticating and therefore, should have been admitted as a prior inconsistent statement. See § 90.902, Fla....

...or the interests of justice otherwise require.... [7] Because it was a discovery deposition, and not a deposition taken for use at trial, defense counsel was not required to present Saez with her prior statement and/or to ask about its contents. [8] Section 90.902 provides in pertinent part: Extrinsic evidence of authenticity as a condition precedent to admissibility is not required for: (1) A document bearing: (a) A seal purporting to be that of the United States or any state, district, commonw...

...Appellant argues that the DOC records were not authenticated, and he is correct. See Arnett v. State, 843 So.2d 340 (Fla. 1st DCA 2003). The affidavit is not sufficient to authenticate the records either under the PRR statute or under the Florida Evidence Code's provision for self-authenticating business records found in section 90.902(11), Florida Statutes....

...nt's release date by a preponderance of the evidence). Third and finally, since July 1, 2003, the proponent has been able to establish the business-records predicate through a certification or declaration that complies with sections 90.803(6)(c) and 90.902(11), Florida Statutes (2004)....

...set forth by, or from information transmitted by, a person having knowledge of those matters; (b) Was kept in the course of the regularly conducted activity; and (c) Was made as a regular practice in the course of the regularly conducted activity[.] § 90.902(11)(a)-(c), Fla. Stat. (2004). Here, a records custodian did not appear as a witness, the parties did not stipulate to admissibility, and the State did not provide a certification under section 90.902(11)....

...ly conducted activities. See, e.g., Gray, 910 So.2d at 869-70. In Yisrael, the State could have secured the admission of the attached Crime and Time Report as a business record if it had supplied the authentication required by sections 90.803(6) and 90.902(11)....

...See, e.g., Parker v. State, 973 So.2d 1167, 1168-69 (Fla. 1st DCA 2007) (holding that a DOC Crime and Time Report is admissible as a business record where a DOC records custodian supplies a certification that strictly complies with sections 90.803(6) and 90.902(11), Florida Statutes), notice invoking discretionary jurisdiction filed, No. SC07-1847 (Fla. Oct.2, 2007). However, the State did not provide a section 90.902(11) certification in this case; instead, it contends that the release-date letter alone is admissible as a business record....

...e of the memorialized matter. Compare § 90.803(6), Fla. Stat. (2004), *499 with § 90.803(8), Fla. Stat. (2004). Further, an evidentiary proponent may easily authenticate public records by requesting that the State supply the record under seal. See § 90.902(1), Fla....

...DOC to create and maintain records regarding "matters connected with ... the correctional system." Furthermore, the signed DOC release-date letter— written under seal —may be viewed as a means of authenticating the attached Crime and Time Report. § 90.902(1), Fla....

...Crime and Time Report contained this same information; and (4) the DOC records custodian signed the letter, which was written under seal. Hence, the combined record constituted an "activities-based" public record, which the State authenticated under section 90.902(1), Florida Statutes. Section 90.902(1) merely requires that the submitted document bear the signature of the records custodian attesting to the authenticity of the document and to the authenticity of the document's seal. See § 90.902(1), Fla....

...tion contained in Mr. Yisrael's attached Crime and Time Report. Therefore, the combined record, not the release-date letter itself, was admissible as a public record, which the records custodian properly authenticated under seal. See §§ 90.803(8), 90.902(1), Fla....

...There is, however, no applicable legal impediment to the State and the DOC using a signed release-date letter, written under seal, as a means of authenticating an attached DOC Crime and Time Report, which then renders the entire report admissible as a public record. See § 90.902(1), Fla. Stat. (2004). Moreover, as the First District explained in Parker, the State may have a second means of authenticating a DOC Crime and Time Report: the Department may attach a section 90.902(11) certification to the report, which satisfies the business-records admissibility predicate. See Parker, 973 So.2d at 1168-69; § 90.902(11), Fla....

...ause, apparently unknown to appellate counsel and the Fourth District, the release-date letter—written under seal—provided in this case was simply used as a permissible means of authenticating an attached Crime and Time Report. See §§ 90.803(8), 90.902(1), Fla....

...In the future, the State and the DOC should prove recidivist defendants' predicate-offense release dates through Crime and Time Reports, and should use one or both of the two permissible means of authenticating these reports: (1) business-records certification under sections 90.803(6)(c) and 90.902(11); or (2) public-records authentication under seal as provided by section 90.902(1). See Parker, 973 So.2d at 1168-69; §§ 90.803(6)(c), 90.902(1), 90.902(11), Fla....

...ice of that business activity to make such memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, or as shown by a certification or declaration that complies with paragraph (c) and s. 90.902(11), unless the sources of information or other circumstances show lack of trustworthiness....

...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). Section 90.902(9) provides that extrinsic evidence of authenticity is not required for any document declared by the legislature to be presumptively or prima facie genuine or authentic. Mr. Mills contends that his testimony was sufficient to authenticate the modification agreement and alternatively that it was self-authenticated pursuant to section 90.902(9)....

...Orland affix his signature to any document. Mr. Mills also testified that he had never met Mr. Orland. We agree, however, with Mr. Mills' contention that the document was self-authenticated and should have been admitted into evidence. As mentioned above, section 90.902(9) provides that a document is self-authenticated whenever the legislature declares it to be presumptively or prima facie genuine or authentic....

...alled who has personal knowledge of the facts." Id. Arce argues, in the alternative, that summary judgment was entered prematurely because he was not given sufficient time to obtain a certificate of authenticity for the disputed document pursuant to section 90.902 of the Florida Evidence Code....

...f FOIA releases in lieu of imposing additional burdens on the government, or whether you have even explored that question. (Emphasis added). Moreover, while noting that the certification requirements sought by Arce pursuant to sections 90.803(8) and 90.902, Florida Statutes, would be unduly burdensome, the FBI further stated that Arce [Had] given [the FBI] no indication that the court is in fact requiring the burdensome certification that [Arce was] demanding or that [Arce has] attempted any of a number of possible avenues which would be less burdensome to the government....

...ice of that business activity to make such memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, or as shown by a certification or declaration that complies with paragraph (c) and s. 90.902(11), unless the sources of information or other circumstances show lack of trustworthiness....

...intention upon every other party and shall make the evidence available for inspection sufficiently in advance of its offer in evidence to provide to any other party a fair opportunity to challenge the admissibility of the evidence. (Emphasis added). Section 90.902(11), Florida Statutes, provides: (11) An original or a duplicate of evidence that would be admissible under s....

...See State ex rel. Davis v. Parks, 141 Fla. 516, 194 So. 613, 615 (1939) ("[E]very litigant is entitled to nothing less than the cold neutrality of an impartial [court]."). [3] This section of the Florida evidence code reads as follows in pertinent part: 90.902....

course of the regularly conducted activity!)] § 90.902(ll)(a)-(c), Fla. Stat. (2004). Here, a records

...a Statutes (1995). *343 Further, the trial court was correct in holding that a certified copy of a judgment does not need further authentication to be admitted into evidence. A certified copy of an official public record is self-authenticating under section 90.902(4), Florida Statutes (2003), and needs no additional foundation other than what is required for a valid certification in that subsection....

...custody of the original document, then the document would be as admissible as the original. There would, of course, still need to be a proper predicate for the admission of the original. This is consistent with the evidence code now in effect. Under Section 90.902 Florida Statutes (1979), a document is self-authenticated if it bears an authorized seal and a signature by the custodian of the document attesting to the authenticity of the seal....

provided in the Uniform Commercial Code." § 90.902(8); see, e.g., U.S. Bank Nat'l Ass'n

...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. Section 90.902 lists a number of items which can be self-authenticated, i.e., admitted without extrinsic evidence of authenticity. Most of the things which are self-authenticating are items such as official documents, books or other printed materials. Neither photographs nor videotapes are included as self-authenticating in section 90.902....

section 90.901, Florida Statutes (2014). However, section 90.902, Florida Statutes (2014), states: “Extrinsic

...However, there is nothing in the record to show that the trial court ever considered the admissibility of the document at issue. On remand, in determining whether the document is admissible, the trial court should consider whether the document is self-authenticating pursuant to section 90.902(3), Florida Statutes (2002)....

...The first point raised in this appeal concerns the exclusion of the Schilling survey. The Bakers urge the survey should have been admitted on any one of three theories. First, they contend the survey is a self-authenticating document within the purview of Section 90.902, Florida Statutes....

...An objection was also directed to the admission into evidence of the certificate from the civil registry of Mantanzas indicating that no divorce from Julia had been obtained by Gregorio, on the ground that the document was not authenticated pursuant to section 90.902, Florida Statutes (1983). Appellee has not contended, however, that she was without an opportunity prior to trial to investigate the authenticity of the official document, thus the court could have treated the certificate as presumptively authenticated. See § 90.902(3)(b)2....

business record pursuant to section 90.808(6) and section 90.902(11), Florida Statutes (2012). The State, therefore

...it the duplicates in evidence. We note that "secondary evidence is always to be preferred over no evidence at all." Thompson v. State, 62 Md. App. 190, 488 A.2d 995, 1006 (Ct. Spec.App. 1984), cert. denied, 303 Md. 471, 494 A.2d 939 (1985). Further, section 90.902 of the Florida Evidence Code recognizes that authentication of a foreign document can be complex....

...1979), defines the term "executed" as "[c]ompleted; carried into full effect; already done or performed." "Attested" likewise appears in Black's, defined as "to bear witness to a fact" or "to affirm to be true or genuine." Id. at 117. None of these definitions nor section 90.902 appears to require a signature. Indeed, a "signature though usual is not necessary for validity unless required by statute." 3 W. Holdsworth, A History of English Law, 231 (1966). It is true that section 90.902(3) calls for the document to be executed by a person....

...to that document. Furthermore, a court may order that a foreign document be treated as presumptively authentic without a final certification when a party receives a reasonable opportunity to investigate the authenticity and accuracy of the document. § 90.902(3)(b)2, Fla....

...c 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....

..., 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. Furthermore, the diplomatic notes were not admissible pursuant to section 90.902. The pertinent portions of section 90.902 are: Extrinsic evidence of authenticity as a condition precedent to admissibility is not required for: ......

...When the parties receive reasonable opportunity to investigate the authenticity and accuracy of official foreign documents, the court may order that they be treated as presumptively authentic without final certification or permit them in evidence by an attested summary with or without final certification. § 90.902(3), Fla....

...(1989) (emphasis added). In the instant case, the diplomatic notes that the state succeeded in having admitted as evidence of Belgium's express waiver of Van Den Borre's immunity from criminal prosecution did not satisfy the two statutory requirements of section 90.902 for self-authentication....

...ication. The first requirement, execution or attestation by a person, must be met, but the second requirement, the final certification, under certain circumstances as set forth in the statute can be circumvented. Contrary to the majority's position, section 90.902(3)(b) expressly recognizes that a self-authenticated foreign document must have a "signature." In the present case, no signature appears on the face of the diplomatic note waiving Van Den Borre's immunity....

...practice of that business activity to make such memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, or as shown by a certification or declaration that complies with paragraph (c) and s. 90.902(11), unless the sources of information or other circumstances show lack of trustworthiness. § 90.803(6)(a), Fla....

...demonstrate compliance with section 90.803(6) based on personal knowledge. As stated within the statute itself, one way to demonstrate compliance with section 90.803(6)(a) based on personal knowledge is the use of the self-authentication rules contained within section 90.902(11), Florida Statutes (2013), which states: (11) An original or a duplicate of evidence that would be admissible under s....

...regularly conducted activity, provided that falsely making such a certification or declaration would subject the maker to criminal penalty under the laws of the foreign or domestic location in which the certification or declaration was signed. § 90.902(11), Fla. Stat. (2013). When the current note holder produces at trial a certification in accordance with section 90.902(11) as to the payment history maintained by each previous note holder, and then provides a witness to authenticate the records attributable to the current note holder, the records of payment history should be admissible....

would have had to meet the requirements of section 90.902(11). See § 90.803(6)(a). That section requires

...1st DCA 1985)(adopting rule as stated in Pickrell v. State, 301 So.2d 473, 474 (Fla. 2d DCA 1974)); see Desue v. State, 908 So.2d 1116 (Fla. 1st DCA 2005). In appropriate circumstances, a printout may also be admissible as a properly certified copy of an official public record. See § 90.902(4), Fla. Stat. (2003); Charles W. Ehrhardt, Florida Evidence § 902.5, at 945 (2004 ed.) (explaining that to be self-authenticating under section 90.902(4), "the custodian of the document, or other person authorized by statute to make a certification, must certify that the copy is correct and that the person has custody of the original ....

self-authenticating document signed and under seal. See § 90.902(1), Fla. Stat. The Court determined, however,

evidence either a certification in accord with section 90.902 or testimony from someone with knowledge that

...State, 993 So.2d 952 (Fla.2008), concluded that DOC release-date letters alone are not admissible under either the business or public records exceptions to the hearsay rule. Id. at 960. Instead, the supreme court held that a signed release date-letter, written under seal, or a section 90.902(11) business record certification, *657 may be used to authenticate an attached DOC "Crime and Time Report" to render the entire report admissible under the public records exception to the hearsay rule. Id. (citing Parker v. State, 973 So.2d 1167, 1168-69 (Fla. 1st DCA 2007); § 90.902(11), Fla....

...State, 993 So.2d 952 (Fla.2008), concluded that DOC release-date letters alone are not admissible under either the business or public records exceptions to the hearsay rule. Id. at 960. Instead, the supreme court held that a signed release *658 date-letter, written under seal, or a section 90.902(11) business record certification, may be used to authenticate an attached DOC "Crime and Time Report" to render the entire report admissible under the public records exception to the hearsay rule. Id. (citing Parker v. State, 973 So.2d 1167, 1168-69 (Fla. 1st DCA 2007); § 90.902(11), Fla....

...nformation or other circumstances show their lack of trustworthiness. § 90.803(8), Fla. Stat. (2003). Although Crowter did not testify as to the manner of preparation, reliability, and trustworthiness of the report, it was self-authenticating under section 90.902, Florida Statutes (2003). Section 90.902, Florida Statutes (2003), allows public records that are self-authenticating to be admitted into evidence absent the testimony of a custodian. Here, the document was a certified copy. When a certified copy of a document is offered instead of the document itself, authentication is controlled by section 90.902(4). In order for a certified copy to be self-authenticating under section 90.902(4), it must be certified by the custodian of the document ("certified as correct by the custodian or other person authorized to make the certification") and that the copy is correct and *1031 that the person has custody of the original ("actually recorded or filed in a public office"). § 90.902(4), Fla....

...ecision under review, and remand for reconsideration in light of our decision in Yisrael. We now possess the record on appeal, which contains a Department of Corrections Crime and Time Report that was properly authenticated under seal as provided by section 90.902(1), Florida Statutes (2003)....

...The document contains the conclusory statement that "[defendant] is excluded as the father ... by the HLA system." The statement is not explained or reasons offered for the conclusion. [4] The copy of the "judgment," in the record, is not certified and thus we cannot determine its authenticity. Cf. § 90.902(4), Fla....

...In Yisrael, the supreme court disapproved of our decision as it related to the admission of a release date letter from the Department of Corrections as either a business or public records exception to the hearsay rule. However, "the supreme court held that a signed release date-letter, written under seal, or a section 90.902(11) business record certification, may be used to authenticate an attached DOC `Crime and Time Report' to render the entire report admissible under the public records exception to the hearsay rule." Ingram v....

...ed) were not properly authenticated and were therefore erroneously admitted. This lack of proper authentication, says the defendant, arose from the plaintiff's non-compliance with the procedure for self-authentication of foreign documents set out in Section 90.902, Florida Statutes (1987), that is, the failure to show that final certification of the hospital records was made by one of the members of the diplomatic service enumerated in the statute....

...e matter in question is what its proponent claims." Since traditional methods of authentication (e.g., testimony or other extrinsic evidence) "may prove troublesome, time consuming, and expensive," McCormick on Evidence § 228, at 699 (3d ed. 1984), Section 90.902 permits evidence to be "self-authenticated" when "the document itself discloses sufficient information to be admitted without further proof of its genuineness." C....

...Issue was joined and the cause proceeded to a jury trial. Prior to putting on their first witness the plaintiff proffered the medical records of the deceased from the Prince Lara Hospital [2] to which the defense objected, claiming said documents were not properly exemplified copies pursuant to Section 90.902 Florida Statutes (1987)....

...At the conclusion of the evidence the jury returned its verdict. Sunnyvale Maritime Co., Inc., has raised several points on appeal, but we need to consider only one to decide this case, the issue of admission into evidence of the composite medical records. Section 90.902 Florida Statutes (1987) Self-Authentication provides in part as follows: "Extrinic evidence of authenticity as a condition precedent to admissibility is not required for: ........

...ein was made by a secretary of an embassy or legation, consul general, consul, vice consul, or consular agent of the United States or a diplomatic or consular official of the foreign country assigned or accredited to the United States as required by Section 90.902, Florida Statutes (1987)....

...[4] The plaintiff in the trial court moved them into evidence as public documents and the trial court so treated them. They were not public records and therefore I find it was error to admit them into evidence and would reverse the final judgment under review and remand the cause to the trial court for a new trial. NOTES [1] Section 90.902, Florida Statutes (1987), provides in pertinent part: "Extrinsic evidence of authenticity as a condition precedent to admissibility is not required for: ......

...1107 (1943); Barlow v. Pan Atlantic S.S. Corporation, et al., 101 F.2d 697 (2d Cir.1939); The Berwindglen, 88 F.2d 125, 128 (1st Cir.1937). [2] The parties and the trial court treated these records as official public documents which were admitted pursuant to Section 90.902, Florida Statutes (1987)....

those documents that are self-authenticating. See § 90.902(1)-(11), Fla. Stat. (2011). Except as provided

...Armstrong's defense counsel objected on hearsay grounds because the State had not produced a records custodian to testify to the authenticity of these records as required by section 90.803(6)(a), Florida Statutes (2007), nor had the State provided an affidavit *317 to self-authenticate them as permitted by section 90.902(11)....

...Compensation is specifically authorized by section 960.17(1), Florida Statutes (2003), and the documentation provided by the State to prove the amount of restitution was admissible as a self-authenticating public record under sections 90.803(8) and 90.902(1), Florida Statutes....

...paid; and the check number. These documents are within the public records exception to the hearsay rule and contain the requisite trustworthiness. The document was also self-authenticating and thus did not require extrinsic evidence of authenticity. Section 90.902, Florida Statutes (2003), states a self-authenticating document is: (1) A document bearing: (a) A seal purporting to be that of the United States or any state, district, commonwealth, territory, or insular possession thereof; ......

grant relief from the waiver. Section 90.902(11), provides: (11) An

ground that it was . self-authenticating under section 90.902, Florida Statutes (2016). While it was certified

Instead, they were introduced pursuant to section 90.902(11), Florida Statutes (2010), by a certification

a note was self-authenticating pursuant to section 90.902(8), Florida Statutes (2008). In Riggs, this

...State, 993 So.2d 952 (Fla.2008), concluded that DOC release-date letters alone are not admissible under either the business or public records exceptions to the hearsay rule. Id. at 960. Instead, the Florida Supreme Court held that a signed release-date letter, written under seal, or a section 90.902(11) business record certification, may be used to authenticate an attached DOC "Crime and Time Report" to render the entire report admissible under the public records exception to the hearsay rule. Id. (citing Parker v. State, 973 So.2d 1167, 1168-69 (Fla. 1st DCA 2007); § 90.902(11), Fla....

extrinsic evidence authenticating the documents. § 90.902(2), Fla.Stat. (1989). However, we acknowledge

public record is self-authenticating under section 90.902(4), Florida Statutes (2003), and needs no additional

...activity to make such memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, or as shown by a certification or declaration that complies with paragraph (c) and s. 90.902(11), unless the sources of information or other circumstances show lack of trustworthiness. § 90.803(6)(a), Fla....

...demonstrate compliance with section 90.803(6) based on personal knowledge. As stated within the statute itself, one way to demonstrate compliance with section 90.803(6)(a) based on personal knowledge is the use of the self-authentication rules contained within section 90.902(11), Florida Statutes (2013), which states: (11) An original or a duplicate of evidence that would be admissible under s....

...regularly conducted activity, provided that falsely making such a certification or declaration would subject the maker to criminal penalty under the laws of the foreign or domestic location in which the certification or declaration was signed. § 90.902(11), Fla. Stat. (2013). When the current note holder produces at trial a certification in accordance with section 90.902(11) as to the payment history maintained by each previous note holder, and then provides a witness to authenticate the records attributable to the current note holder, the records of payment history should be admissible....

PER CURIAM. Affirmed. See § 90.902(4), Fla. Stat. (2009); Fla. R. Civ. P. 1.120(c), 1.140(b).

...District Court of Appeal of Florida, Third District. November 24, 2010. David S. Cohen and Jose L. Benson, Winter Park, for appellant. Butler & Hosch, Dennis W. Moore, and Thomasina F. Moore, for appellee. Before GERSTEN, SUAREZ and CORTIÑAS, JJ. PER CURIAM. Affirmed. See § 90.902(4), Fla....

...material he 2 We note that as far as authentication is concerned, the note and allonge here are self-authenticating, and the servicer's representative's inability to authenticate them is immaterial in this case. See § 90.902(8); Bryson v....

PER CURIAM. Affirmed. See § 90.902, Fla. Stat. (1997).

section 90.803(6), Florida Statutes (2014). Section 90.902(11), Florida Statutes (2014), allows for self-authentication

document was not authenticated pursuant to section 90.902, Florida Statutes (1983). Appellee has not

PER CURIAM. Affirmed. See § 90.902(8), Fla. Stat. (2009); Leviton v. Philly Steak-Out, Inc., 533 So

...District Court of Appeal of Florida, Third District. March 24, 2010. Michael H. Merino and Nicole H. Fried, Davie, for appellant. Florida Default Law Group and Erin M. Berger, Tampa, for appellee. Before GERSTEN, CORTIÑAS and ROTHENBERG, JJ. PER CURIAM. Affirmed. See § 90.902(8), Fla....

original note on the basis of authenticity. Section 90.902(8), Florida Statutes (2015), provides: “Extrinsic

...State, 993 So.2d 952 (Fla.2008), concluded that DOC release-date letters alone are not admissible under either the business or public records exceptions to the hearsay rule. Id. at 960. Instead, the supreme court held that a signed release-date letter, written under seal, or a section 90.902(11) business record certification, may be used to authenticate an attached DOC "Crime and Time Report" to render the entire report admissible under the public records exception to the hearsay rule. Id. (citing Parker v. State, 973 So.2d 1167, 1168-69 (Fla. 1st DCA 2007); § 90.902(11), Fla....

objection to lack of foundation is without merit. § 90.902(4), Fla. Stat. (2015); see also Vaughan

1976); Lynch v. State, 293 So.2d 44, 45 (Fla.1974); § 90.902(1), Fla.Stat. (1981).

admissible as a self-authenticating document under section 90.902(2), Florida Statutes (2014), and therefore

public record, is self-authenticating under section 90.902(4), Florida Statutes, and needs no additional

personal service on the defendant, pursuant to section 90.-902, Florida Statutes (1979), and the plaintiff

filed in the circuit court in Alachua County. § 90.902(4), Fla.Stat. (1985); M. Graham, Handbook on Florida

must satisfy the requirements set forth in section 90.902(11), Florida Statutes (2021), which generally

before it. See § 90.803(6), Fla. Stat. (2024); § 90.902(11), Fla. Stat. (2024). After carefully considering

business record pursuant to section 90.803(6) and section 90.902(11), Florida Statutes (2012).”); McKown, 46

admissibility of the evidence before trial.1 Section 90.902, Florida Statutes, was amended to provide that

...They constitute additional facts missing in the authorities relied on by defendant. Defendant also appeals his sentence as a prison releasee reoffender. To prove the required release date, the State relied on a records custodian's sealed Certification of Records complying with § 90.902(H)....

...WARNER and POLEN, JJ., concur. NOTES [1] See Parker v. State, 973 So.2d 1167, 1168-69 (Fla. 1st DCA 2007) (holding DOC Crime and Time Report admissible as business record where DOC records custodian properly certifies compliance with §§ 90.803(6) and 90.902(11), Fla....

rule. The state further points out that under section 90.902(6), Florida Statutes, a newspaper is self-authenticating

preparation indicate lack of trustworthiness"); § 90.902(11), Fla. Stat. (2017) (providing that "[e]xtrinsic

preparation indicate lack of trustworthiness"); § 90.902(11), Fla. Stat. (2017) (providing that "[e]xtrinsic

trustworthiness.... § 90.803(6)(a), Fla. Stat. In turn, section 90.902 provides that “[e]xtrinsic evidence of authenticity

self-authentication provisions for documents, § 90.902(1), Fla.Stat. (1987), since it did not comply

...ify the documents as admissible under the business records exception to the hearsay rule. § 90.803(6), Fla. Stat. (1987). The copy of the vehicle's registration was likewise inadmissible under statutory self-authentication provisions for documents, § 90.902(1), Fla....

Such agreements are self-authenticating under section 90.902(8), Florida Statutes (2017), which provides

meeting the self-authentication requirements of section 90.902, Florida Statutes (1995), because the clerk

So.2d at 957 (alteration in original) (quoting § 90.902(11)). In this case, the State’s notice merely