Bill Text: FL S0352 | 2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Self-authentication of Documents

Spectrum: Bipartisan Bill

Status: (Failed) 2016-03-11 - Died in Governmental Oversight and Accountability [S0352 Detail]

Download: Florida-2016-S0352-Introduced.html

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       Florida Senate - 2016                                     SB 352
       
       
        
       By Senator Bradley
       
       
       
       
       
       7-00437-16                                             2016352__
    1                        A bill to be entitled                      
    2         An act relating to self-authentication of documents;
    3         amending s. 90.902, F.S.; allowing certified copies of
    4         official public documents to be filed electronically;
    5         providing a method for authenticating public documents
    6         other than by certified copies; amending s. 90.803,
    7         F.S.; conforming a cross-reference; providing an
    8         effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (4) of section 90.902, Florida
   13  Statutes, is amended, subsections (5) through (11) of that
   14  section are renumbered as subsections (6) through (12),
   15  respectively, and a new subsection (5) is added to that section,
   16  to read:
   17         90.902 Self-authentication.—Extrinsic evidence of
   18  authenticity as a condition precedent to admissibility is not
   19  required for:
   20         (4) A copy of an official public record, report, or entry,
   21  or of a document authorized by law to be recorded or filed and
   22  actually recorded or filed in a public office, including data
   23  compilations in any form, certified as correct by the custodian
   24  or other person authorized to make the certification by
   25  certificate complying with subsection (1), subsection (2), or
   26  subsection (3) or complying with any act of the Legislature or
   27  rule adopted by the Supreme Court, which certified copy may be
   28  filed electronically pursuant to s. 28.22205. An electronically
   29  filed certified copy is admissible to the same extent as the
   30  original would be if it complies with this subsection.
   31         (5) A copy of:
   32         (a) Any pleading, order, or other filing in any court
   33  sitting in the United States or a United States territory; or
   34         (b) Any document or record entry filed with or retained by
   35  the United States or any state, municipality, district,
   36  commonwealth, territory, or governmental department or agency of
   37  such an entity which is available to the public from an Internet
   38  website operated by a governmental agency or authorized by a
   39  governmental agency if the party seeking authentication of the
   40  document files a Notice of Reliance on Electronic Records which:
   41         1. Attaches a copy of the document to be admitted.
   42         2. Discloses the website and web address on the Internet
   43  where said document can be located.
   44         3. Serves written notice not less than 20 days before a
   45  hearing at which the authenticity of the document or its
   46  acceptance by a court as an authentic document is at issue. The
   47  court may waive or shorten the time period for filing the notice
   48  set forth in this subparagraph.
   49         a. If a party desires to object to the authenticity of a
   50  document which is the subject of a Notice of Reliance on
   51  Electronic Records, such party shall file and serve on every
   52  other party an affidavit within 5 days before a hearing, which
   53  time period may be waived or shortened by the court, challenging
   54  either the authenticity of said document by attaching a copy of
   55  what the challenging party asserts is the true, correct, and
   56  authentic document, and detailing in writing the portion of said
   57  document which is not authentic; or that said document does not
   58  exist on the website or web address as specified in the notice.
   59         b. After review and consideration by the court, the court
   60  shall deem authentic the document that is the subject of the
   61  Notice of Reliance on Electronic Records unless:
   62         (I) The document does not satisfy the requirements of this
   63  paragraph;
   64         (II) An objection is filed pursuant to sub-subparagraph a.,
   65  and the court sustains the objection or otherwise determines the
   66  document to not be authentic; or
   67         (III) The document does not have the same content or text,
   68  in all material respects, as the document that appears on the
   69  website identified in the Notice of Reliance on Electronic
   70  Records.
   71  
   72  This subsection does not prohibit a party from authenticating a
   73  document under s. 90.901 or as otherwise provided in subsection
   74  (4) or this subsection, all of which are alternative methods of
   75  authentication.
   76         Section 2. Paragraph (a) of subsection (6) of section
   77  90.803, Florida Statutes, is amended to read:
   78         90.803 Hearsay exceptions; availability of declarant
   79  immaterial.—The provision of s. 90.802 to the contrary
   80  notwithstanding, the following are not inadmissible as evidence,
   81  even though the declarant is available as a witness:
   82         (6) RECORDS OF REGULARLY CONDUCTED BUSINESS ACTIVITY.—
   83         (a) A memorandum, report, record, or data compilation, in
   84  any form, of acts, events, conditions, opinion, or diagnosis,
   85  made at or near the time by, or from information transmitted by,
   86  a person with knowledge, if kept in the course of a regularly
   87  conducted business activity and if it was the regular practice
   88  of that business activity to make such memorandum, report,
   89  record, or data compilation, all as shown by the testimony of
   90  the custodian or other qualified witness, or as shown by a
   91  certification or declaration that complies with paragraph (c)
   92  and s. 90.902(12) 90.902(11), unless the sources of information
   93  or other circumstances show lack of trustworthiness. The term
   94  “business” as used in this paragraph includes a business,
   95  institution, association, profession, occupation, and calling of
   96  every kind, whether or not conducted for profit.
   97         Section 3. This act shall take effect upon becoming a law.