Xerographic Copy Authentication Information
Xerographic (photocopy) authentication is relevant when: the original document has been lost or destroyed (the party must authenticate the copy before it can be recorded or admitted as evidence), the original is held by another party (a certified copy may be used in lieu of the original), or the recording office requires a specific format (some recording offices require original ink signatures, while others accept certified copies). Authentication methods include: certification by the custodian of records (a statement that the copy is a true and accurate reproduction of the original), certification by a notary (a notarized statement that the copy has been compared to the original and is accurate), court order (the court may authorize the recording of a copy when the original is unavailable), and the best evidence rule (in litigation, the original document is preferred, but a copy may be admitted if the original is unavailable and the copy is properly authenticated).
Florida Legal Definition
Authentication of copies in Florida is governed by: Florida Statutes §92.09 (certified copies of public records), §695.03 (requirements for recording instruments), §90.951-90.958 (Florida Evidence Code, best evidence rule), and local recording office requirements. Under §92.09, certified copies of official records are admissible as evidence with the same force and effect as the original. Under §695.03, instruments to be recorded must be: signed by the party, witnessed by two subscribing witnesses, and acknowledged before a notary (or proved by a subscribing witness). Under §28.222(2), the clerk of court must record instruments that meet the formatting and execution requirements. Under Florida's best evidence rule (§90.952), an original document is required to prove its content, but a copy is admissible under §90.953 when: the original is lost or destroyed without bad faith, the original is not obtainable, or the original is in the possession of the opponent.
How It's Used in Practice
In practice, attorneys authenticate copies of real estate documents for recording and litigation. The attorney: determines whether the original can be obtained (exhausting all efforts to locate the original), prepares an affidavit of lost document (describing the original, the circumstances of the loss, and certifying the copy is accurate), obtains court authorization if needed (filing a motion for an order authorizing the recording of a copy), coordinates with the recording office (confirming their requirements for recording copies), and authenticates copies for litigation (complying with the best evidence rule and providing proper foundation for the admission of copies). Common scenarios include: lost mortgage satisfactions (the lender has been acquired or dissolved and the satisfaction cannot be obtained; the attorney files a court action to establish that the mortgage has been paid and the copy may be recorded), lost deeds (the original deed has been lost but a copy is available from the grantee's records), and documents from out-of-state recording offices (obtaining certified copies from other jurisdictions).
Key Takeaways
- Copies may be recorded when properly authenticated.
- Affidavit of lost document: describes original and certifies copy.
- Court order may be needed to authorize recording of copies.
- Best evidence rule: original preferred; copies admissible if original unavailable.
- Certified copies of public records admissible as originals (§92.09).
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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