JUDICIAL NOTICE – EXPANDING TO WEBSITES?

FLORIDA RULES OF EVIDENCE TO BE AMENDED

The Florida Senate is considering a bill 634, which would allow a court to take judicial notice of information contained in certain mapping websites, subject to objections, which must be overruled unless the court finds, by a preponderance of evidence, “that the material sought to be admitted does not fairly and accurately portray what it is being offered to prove or that it otherwise should not be admitted into evidence under the Florida Evidence Code.

The text of the bill is proposed is currently as follows:

1                        A bill to be entitled                      
    2         An act relating to judicial notice; creating s.
    3         90.2035, F.S.; authorizing courts to take judicial
    4         notice of certain information taken from web mapping
    5         services, global satellite imaging sites, or Internet
    6         mapping tools upon request of a party; requiring
    7         parties who intend to offer such information into
    8         evidence to file a notice of intent containing
    9         specified information; authorizing parties to object
   10         to the admissibility of such information; requiring
   11         courts to overrule such objection unless certain
   12         findings are made; providing construction; providing
   13         an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 90.2035, Florida Statutes, is created to
   18  read:
   19         90.2035 Judicial notice of information taken from web
   20  mapping services, global satellite imaging sites, or Internet
   21  mapping tools.—
   22         (1)(a) Upon request of a party, a court may take judicial
   23  notice of an image, map, location, distance, calculation, or
   24  other information taken from a web mapping service, a global
   25  satellite imaging site, or an Internet mapping tool, if such
   26  image, map, location, distance, calculation, or other
   27  information indicates the date on which the information was
   28  created.
   29         (b) A party intending to offer such information in evidence
   30  at trial or hearing must file notice of such intent within a
   31  reasonable time, or as defined by court order, which notice must
   32  include a copy of the information and specify the Internet
   33  address where such information may be inspected.
   34         (2)(a) A party may object to the admissibility of the
   35  image, map, location, distance, calculation, or other
   36  information taken from a web mapping service, a global satellite
   37  imaging site, or an Internet mapping tool within a reasonable
   38  time or as defined by court order.
   39         (b) The court shall overrule the objection unless the court
   40  finds by a preponderance of evidence that the material sought to
   41  be admitted does not fairly and accurately portray what it is
   42  being offered to prove or that it otherwise should not be
   43  admitted into evidence under the Florida Evidence Code.
   44         (c) If the court overrules the objection, the court must
   45  take judicial notice of the information and admit the
   46  information into evidence.
   47         (3) This section does not affect, expand, or limit
   48  standards for any matters that may otherwise be judicially
   49  noticed.
   50         Section 2. This act shall take effect July 1, 2022.

Eric N. Assouline, Esq.
ASSOULINE & BERLOWE, P.A.
Miami - Ft. Lauderdale - Boca Raton
www.assoulineberlowe.com

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