(1) For the purposes of this section:
(a) “Foreign record of regularly conducted business activity” means a memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, maintained in a foreign country.
(b) “Foreign certification” means a written declaration made and signed in a foreign country by the custodian of a foreign record of regularly conducted business activity or another qualified person that, if falsely made, would subject the maker to criminal penalty under the laws of that country.
(c) “Business” means any business, institution, association, profession, occupation, or calling of any kind, whether or not conducted for profit.
(2) In a criminal or civil proceeding in a court of the State of Florida, a foreign record of regularly conducted business activity, or a copy of such record, shall not be excluded as evidence by the hearsay rule if a foreign certification attests that:
(a) Such record was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters;
(b) Such record was kept in the course of a regularly conducted business activity;
(c) The business activity made such a record as a regular practice; and
(d) If such record is not the original, it is a duplicate of the original;
unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness.
(3) A foreign certification under this section shall authenticate such record or duplicate.
(4) No evidence in such records in the form of opinion or diagnosis is admissible under subsection (2) unless such opinion or diagnosis would be admissible under ss. 90.701-90.705 if the person whose opinion is recorded were to testify to the opinion directly.
(5) At the arraignment or as soon after the arraignment as practicable, or 60 days prior to a civil trial, a party intending to offer in evidence under this section a foreign record of regularly conducted business activity shall provide written notice of that intention to each other party. A motion opposing admission in evidence of such record shall be made by the opposing party and determined by the court before trial. Failure by a party to file such motion before trial shall constitute a waiver of objection to such record or duplicate, but the court for cause shown may grant relief from the waiver.
History.—s. 17, ch. 88-381; s. 1, ch. 97-189.
Structure Florida Statutes
Chapter 92 - Witnesses, Records, and Documents
92.05 - Final Judgments and Decrees of Courts of Record.
92.06 - Judgments and Decrees of United States District Courts.
92.07 - Judgments and Decrees of This State.
92.08 - Deeds and Powers of Attorney of Record for 20 Years or More.
92.09 - Effect of Reversal, etc., of Judgment or Successful Attack on Deed.
92.13 - Certified Copies of Records of Certified Copies.
92.14 - United States Deeds and Patents and Copies Thereof.
92.141 - Law Enforcement Employees; Travel Expenses; Compensation as Witness.
92.143 - Compensation to Traffic Court Witnesses.
92.151 - Witness Compensation; Payment; Overcharges.
92.153 - Production of Documents by Witnesses; Reimbursement of Costs.
92.17 - Effect of Seal of Board of Trustees of the Internal Improvement Trust Fund.
92.18 - Certificate of State Officer.
92.20 - Certificates Issued Under Authority of Congress.
92.21 - Certificate as to Sanitary Condition of Buildings.
92.23 - Rule of Evidence in Suits on Fire Policies for Loss or Damage to Building.
92.231 - Expert Witnesses; Fee.
92.233 - Compensation of Witness Summoned in Two or More Criminal Cases.
92.24 - Certain Tax Deeds Prima Facie Evidence of Title.
92.25 - Records Destroyed by Fire; Use of Abstracts.
92.251 - Uniform Interstate Depositions and Discovery Act.
92.26 - Records Destroyed by Fire; Use of Sworn Copies.
92.27 - Records Destroyed by Fire; Effect of Abstracts in Evidence.
92.28 - Records Destroyed by Fire; Land Title Suits; What May Be Received in Evidence.
92.29 - Photographic or Electronic Copies.
92.295 - Copies of Voter Registration Records.
92.30 - Presumption of Death; Official Findings.
92.31 - Missing Persons and Persons Imprisoned or Interned in Foreign Countries; Official Reports.
92.32 - Official Findings and Reports; Presumption of Authority to Issue or Execute.
92.38 - Comparison of Disputed Writings.
92.39 - Evidence of Individual’s Claim Against the State in Suits Between Them.
92.40 - Reports of Building, Housing, or Health Code Violations; Admissibility.
92.50 - Oaths, Affidavits, and Acknowledgments; Who May Take or Administer; Requirements.
92.52 - Affirmation Equivalent to Oath.
92.525 - Verification of Documents; Perjury by False Written Declaration, Penalty.
92.56 - Judicial Proceedings and Court Records Involving Sexual Offenses and Human Trafficking.
92.561 - Prohibition on Reproduction of Child Pornography.
92.565 - Admissibility of Confession in Sexual Abuse Cases.
92.57 - Termination of Employment of Witness Prohibited.
92.60 - Foreign Records of Regularly Conducted Business Activity.
92.605 - Production of Certain Records by Florida Businesses and Out-of-State Corporations.