Florida Statute 90.2035 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.2035

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, calculation, or other information taken from a widely accepted web mapping service, global satellite imaging site, or Internet mapping tool, if such image, map, location, distance, calculation, or other information indicates the date on which the information was created.

(b) A party intending to offer such information in evidence at trial or at a hearing must file notice of such intent within a reasonable time or as defined by court order. The notice must include a copy of the information and specify the Internet address or pathway where such information may be accessed and inspected.

(2)(a) A party may object to the court taking judicial notice of the image, map, location, distance, calculation, or other information taken from a widely accepted web mapping service, global satellite imaging site, or Internet mapping tool within a reasonable time or as defined by court order.

(b) In civil cases, there is a rebuttable presumption that information sought to be judicially noticed under this section should be judicially noticed. The rebuttable presumption may be overcome if the court finds by the greater weight of the evidence that the information 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.

(c) If the court overrules the objection, the court must take judicial notice of the information and admit the information into evidence.

(3) In criminal cases, the court must instruct the jury that the jury may or may not accept the noticed facts as conclusive.

(4) This section does not affect, expand, or limit standards for any matters that may otherwise be judicially noticed.

History.—s. 1, ch. 2022-100.

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Amendments to 90.2035

Arrestable Offenses / Crimes under Fla. Stat. 90.2035

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.2035.

Annotations, Discussions, Cases:

Cases Citing Statute 90.2035

Total Results: 2

In Re: Amendments to the Florida Evidence Code

Court: Supreme Court of Florida | Date Filed: 2022-09-08

Snippet: the Florida Evidence Code to include section 90.2035, Florida Statutes (Judicial notice of information

Gerentine v. McComb

Court: District Court of Appeal of Florida | Date Filed: 1991-09-26

Citation: 586 So. 2d 94, 1991 Fla. App. LEXIS 9435, 1991 WL 188314

Snippet: PER CURIAM. Plaintiffs Louis Gerentine and Michael Gerentine, as Personal Representatives of the Estate of Shirley Ann Gerentine, appeal from a final summary judgment dismissing their wrongful death action. We affirm. In Gerentine v. Coastal Securities Systems, 520 So.2d 245 (Fla.1988), the Florida Supreme Court instructed us to reconsider the elements necessary for the Plaintiffs to plead and prove a cause of action for gross negligence pursuant to section 440.11(1), Florida Statutes, in light