Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 352
       
       
       
       
       
       
                                Ì512352zÎ512352                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  11/17/2015           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Judiciary (Stargel) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 31 - 75
    4  and insert:
    5         (5) A copy of any pleading, order, or other filing in any
    6  court sitting in the United States or a United States territory,
    7  or a document or record entry filed with or retained by the
    8  United States or any state, municipality, district,
    9  commonwealth, territory, or governmental department or agency of
   10  such an entity which is available to the public from a website
   11  operated by a governmental agency or authorized by a
   12  governmental agency.
   13         (a) The party seeking authentication of a document pursuant
   14  to this subsection must:
   15         1. File a Notice of Reliance on Electronic Records which
   16  attaches a copy of the document to be authenticated and
   17  discloses the website and web address where the document can be
   18  located.
   19         2. Serve the written Notice of Reliance on Electronic
   20  Records at least 20 days before a hearing at which the
   21  authenticity of the document or its acceptance by a court as an
   22  authentic document is at issue. The court may waive or shorten
   23  the time period for filing the notice set forth in this
   24  subparagraph.
   25         (b) A party may object to the authenticity of a document
   26  that is the subject of a Notice of Reliance on Electronic
   27  Records by filing and serving an affidavit on all other parties
   28  at least 5 days before a hearing, unless such time period is
   29  waived or shortened by the court. The affidavit must do one of
   30  the following:
   31         1. Challenge the authenticity of the document by detailing
   32  in writing the portion of the document which is not authentic. A
   33  copy of what the challenging party asserts is the true, correct,
   34  and authentic document must be attached to the affidavit.
   35         2. Assert that the document does not exist on the website
   36  or web address as specified in the Notice of Reliance on
   37  Electronic Records.
   38         (c) After review and consideration by the court, the court
   39  shall deem authentic the document that is the subject of the
   40  Notice of Reliance on Electronic Records unless:
   41         1. The party seeking authentication of the document does
   42  not satisfy the requirements of paragraph (a);
   43         2. An affidavit objecting to the authenticity of the
   44  document is filed pursuant to paragraph (b) and the court
   45  sustains the objection;
   46         3. The document does not have the same content or text, in
   47  all material respects, as the document that appears on the
   48  website identified in the Notice of Reliance on Electronic
   49  Records; or
   50         4. The court otherwise determines that the document is not
   51  authentic.
   52  
   53  This subsection does not prohibit a party from authenticating a
   54  document using the alternative methods of authentication under
   55  subsection (4) or s. 90.901.