CopyPublished | Supreme Court of Florida
...procedural of a recent amendment to the Florida Evidence Code.
See Fla. R. Gen. Prac. & Jud. Admin. 2.140(e). We have
jurisdiction. See art. V, § 2(a), Fla. Const.
Earlier this year, the Florida Legislature amended the Florida
Evidence Code to include section 90.2035, Florida Statutes
(Judicial notice of information taken from web mapping services,
global satellite imaging sites, or Internet mapping tools). See ch.
2022-100, § 1, Laws of Fla. Under new section 90.2035, whenever
a party intends to offer into evidence information obtained from web
mapping services, global satellite imaging sites, or Internet mapping
tools, the party must file with the court a notice of intent that
includes copies of any image, map, location, distance, or calculation
the party intends to introduce. § 90.2035, Fla....
...If the court overrules the
objection (in either a civil or criminal case), it must take judicial
notice of the information and admit it into evidence. Id. In criminal
cases, the court must then instruct the jury that it may or may not
accept the noticed facts as conclusive. Id.
The Committee recommends adopting section 90.2035, as
enacted in chapter 2022-100, section 1, Laws of Florida, to the
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extent it is procedural. 1 The Florida Bar’s Board of Governors
unanimously approved the proposal.
Having considered the Committee’s proposal and the relevant
legislation, we hereby adopt section 90.2035, Florida Statutes, to
the extent it is procedural....
...of the Clerk, 500
South Duval Street, Tallahassee, Florida 32399-1927; no additional
copies are required or will be accepted.
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APPENDIX
Chapter 2022-100, Section 1, Laws of Florida:
90.2035 Judicial notice of information taken from web
mapping services, global satellite imaging sites, or Internet
mapping tools.
(1)(a) Upon request of a party, a court may take judicial
notice of an image, map, location, distance, calculatio...