Morrill v. State
184 So. 3d 541
Fla. Dist. Ct. App.2015Background
- Police found plastic bottles and methamphetamine on Morrill’s property; he was charged with trafficking 200+ grams of methamphetamine.
- State sought to admit an NPLEx report (records of pseudoephedrine/ephedrine purchases) under the business‑records hearsay exception, supported by an affidavit from Appriss custodian James Acquisto.
- Acquisto’s affidavit stated NPLEx is the FDLE‑approved electronic system, that retailers submit transaction data in the regular course of business, and that printed reports are exact representations of the database entries.
- Morrill objected that Acquisto lacked personal knowledge of the underlying retail entries and thus could not satisfy the business‑records foundation.
- Trial court admitted the NPLEx report after taking judicial notice of statutory and administrative rules requiring retailers to record and submit transactions to NPLEx; Morrill was convicted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of NPLEx under business‑records exception | Acquisto lacked personal knowledge of individual entries; therefore report fails §90.803(6) foundation | Statute and rule require real‑time retailer entries into NPLEx; custodian affidavit and law show entries made by persons with knowledge and regular practice | Admitted: custodian affidavit plus statutory/regulatory scheme and law enforcement testimony satisfied business‑records exception; no abuse of discretion |
Key Cases Cited
- Wilcox v. State, 143 So.3d 359 (Fla. 2014) (standard of review for evidentiary rulings)
- Leon v. State, 68 So.3d 351 (Fla. 1st DCA 2011) (de novo review of legal interpretation of evidence rules)
- Yisrael v. State, 993 So.2d 952 (Fla. 2008) (elements and methods to establish business‑records exception)
- Nationstar Mortg., LLC v. Berdecia, 169 So.3d 209 (Fla. 5th DCA 2015) (records custodian need not be the data entry person; familiarity with system suffices)
- Embrey v. State, 989 N.E.2d 1260 (Ind. Ct. App. 2013) (NPLEx reports admissible as business records under similar statutory scheme)
- United States v. Collins, 799 F.3d 554 (6th Cir. 2015) (custodian affidavit and law enforcement testimony sufficient to admit pseudoephedrine logs)
- United States v. Towns, 718 F.3d 404 (5th Cir. 2013) (purchase logs admissible as business records; no need for each cashier to testify)
- United States v. Mashek, 606 F.3d 922 (8th Cir. 2010) (pseudoephedrine logs kept pursuant to statute qualify as business records)