Florida Statute 90.204 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.204

90.204 Determination of propriety of judicial notice and nature of matter noticed.—

(1) When a court determines upon its own motion that judicial notice of a matter should be taken or when a party requests such notice and shows good cause for not complying with s. 90.203(1), the court shall afford each party reasonable opportunity to present information relevant to the propriety of taking judicial notice and to the nature of the matter noticed.

(2) In determining the propriety of taking judicial notice of a matter or the nature thereof, a court may use any source of pertinent and reliable information, whether or not furnished by a party, without regard to any exclusionary rule except a valid claim of privilege and except for the exclusions provided in s. 90.403.

(3) If a court resorts to any documentary source of information not received in open court, the court shall make the information and its source a part of the record in the action and shall afford each party reasonable opportunity to challenge such information, and to offer additional information, before judicial notice of the matter is taken.

(4) In family cases, the court may take judicial notice of any matter described in s. 90.202(6) when imminent danger to persons or property has been alleged and it is impractical to give prior notice to the parties of the intent to take judicial notice. Opportunity to present evidence relevant to the propriety of taking judicial notice under subsection (1) may be deferred until after judicial action has been taken. If judicial notice is taken under this subsection, the court shall, within 2 business days, file a notice in the pending case of the matters judicially noticed. For purposes of this subsection, the term “family cases” has the same meaning as provided in the Rules of Judicial Administration.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 2, ch. 2014-35.

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Amendments to 90.204

Arrestable Offenses / Crimes under Fla. Stat. 90.204

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.204.

Annotations, Discussions, Cases:

Cases Citing Statute 90.204

Total Results: 20

MERCURY IDEMNITY COMPANY OF AMERICA vs CENTRAL FLORIDA MEDICAL & CHIROPRACTIC CENTER, INC. D/B/A STERLING MEDICAL GROUP A/A/O STHEFANY SANTIAGO

Court: Fla. Dist. Ct. App. | Date Filed: 2023-10-27T00:00:00-07:00

Snippet: do not appear in our record) pursuant to section 90.204, Florida Statutes (2023). We conclude that taking

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Court: Fla. | Date Filed: 2021-10-28T00:53:00-07:00

Snippet: propriety of taking judicial notice under section 90.204(1), Florida Statutes, may be deferred until after

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Court: Fla. | Date Filed: 2021-10-28T00:53:00-07:00

Snippet: propriety of taking judicial notice under section 90.204(1), Florida Statutes, may be deferred until after

In Re: Amendments to The Florida Evidence Code - 2019 Regular-Cycle Report

Court: Fla. | Date Filed: 2019-05-02T00:00:00-07:00

Citation: 270 So. 3d 314

Snippet: section 2, Laws of Florida, which amended section 90.204, Florida Statutes, a provision of the Evidence … received. The Legislature amended section 90.204(4) in chapter 2014-35, section 2, Laws of Florida…in the Rules of Judicial Administration. § 90.204(4). 2 Thus, in family cases, 3…APPENDIX Chapter 2014-35, section 2: 90.204. Determination of Propriety of Judicial Notice …) was adopted previously in response to section 90.204(4), and is identical in content to the statutory

Gidwani v. Roberts

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-09T00:00:00-07:00

Citation: 248 So. 3d 203

Snippet: 413 So. 2d 441, 442 (Fla. 3d DCA 1982) (quoting § 90.204, Fla. Stat. (1979)). Because Appellees did not

In RE: AMENDMENTS TO the FLORIDA FAMILY LAW RULES OF PROCEDURE—2017 REGULAR-CYCLE REPORT

Court: Fla. | Date Filed: 2017-10-05T00:00:00-07:00

Citation: 227 So. 3d 115, 2017 WL 4416328

Snippet: is adopted to reflect the provisions of section 90.204(4), Florida Statutes (2016), pertaining to the …taking of judicial notice in family cases. Section 90.204(4) provides that in family cases judges may take…notice and to the nature of the matter noticed.” § 90.204(1), Fla. Stat. (2016). The new rule reflects the…propriety of taking judicial notice under section 90.204(1), Florida Statutes, may be deferred until after

DiGiovanni v. Deutsche Bank National Trust Company

Court: Fla. Dist. Ct. App. | Date Filed: 2017-04-05T00:00:00-07:00

Citation: 226 So. 3d 984, 2017 WL 1277737, 2017 Fla. App. LEXIS 4579

Snippet: pursuant to the procedures set forth in section 90.204. Id. at 540 (reversing in part because the trial…procedure required for judicial notice under section 90.204). And “the practice of taking judicial notice of

In Re: Amendments to Florida Family Law Rules of Procedure

Court: Fla. | Date Filed: 2017-03-16T00:00:00-07:00

Citation: 214 So. 3d 400, 42 Fla. L. Weekly Supp. 319, 2017 WL 1031456, 2017 Fla. LEXIS 598

Snippet: section 90.204(4), Florida Statutes,” to bring to light 2014 statutory amendments to section 90.204, Florida…i), including containing a reference to section 90.204(4), Florida Statutes. Newly numbered subdivision…with the addition of language to reference section 90.204(4), Florida Statutes, to bring to light the 2014

Cohen v. Shushan

Court: Fla. Dist. Ct. App. | Date Filed: 2017-03-15T00:00:00-07:00

Citation: 212 So. 3d 1113, 2017 WL 1018422, 2017 Fla. App. LEXIS 3430

Snippet: is taken the procedures set forth under section 90.204, Florida Statutes, must be followed. See Maradie…procedure required for judicial notice under section 90.204). Because these procedures were not followed in

Carrillo v. Carrillo

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-09T00:00:00-08:00

Citation: 204 So. 3d 985, 2016 Fla. App. LEXIS 18223

Snippet: judicial notice of those records outlined in section 90.204(1), Florida Statutes (2016), “[Procedural safeguards

Richardson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-15T00:00:00-08:00

Citation: 182 So. 3d 918, 2016 Fla. App. LEXIS 584, 2016 WL 166721

Snippet: judicially noticed. § 90.204(1), Fla. Stat.” Maradie, 680 So.2d at 542. See also § 90.204(1), Fla. Stat. (2012…court did not comply with the procedure in section 90.204 for taking judicial notice of,a matter on its own

Evelina Cuenca v. Nova Southeastern University and York etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-16T00:00:00-07:00

Citation: 160 So. 3d 941, 2015 WL 1578254

Snippet: his/her file is as set out in sections 90.202 and 90.204, Florida Statutes. A JCC may take judicial notice

S.M. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-13T00:00:00-07:00

Citation: 159 So. 3d 966, 2015 Fla. App. LEXIS 3605, 2015 WL 1088436

Snippet: a case where the procedure required by section 90.204, Florida Statutes (2004), had not been followed…be questioned.” See § 90.202(12). Under section 90.204(1), the trial court is required to give the parties…decide whether to take judicial notice, section 90.204(2) allows use of “any source of pertinent and reliable…Florida Evidence § 204.2, at 95 (2014 ed.) (“Section 90.204(2) permits the court to use any source of pertinent

Glaister v. Glaister

Court: Fla. Dist. Ct. App. | Date Filed: 2014-04-02T00:00:00-07:00

Citation: 137 So. 3d 513, 2014 WL 1301502, 2014 Fla. App. LEXIS 4781

Snippet: before judicial notice of the matter is taken.” § 90.204(B), Fla. Stat. (2012). Because the parties were…failure to follow the procedures required by section 90.204 when the court sua sponte took judicial notice

Miranda v. Bridge

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-03T00:00:00-07:00

Citation: 112 So. 3d 500, 2012 WL 4512762, 2012 Fla. App. LEXIS 16704

Snippet: order under the authority of sections 90.202 and 90.204, Florida Statutes (2012). Claimant did not respond

J.R. v. State

Court: Fla. | Date Filed: 2012-08-30T00:00:00-07:00

Citation: 99 So. 3d 427, 37 Fla. L. Weekly Supp. 529, 2012 WL 3732857, 2012 Fla. LEXIS 1662

Snippet: 413 So.2d 441, 442 (Fla. 3d DCA 1982) (quoting § 90.204, Fla. Stat. (1979)). Instead, the trial court sua

Rubrecht v. Cone Distributing, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-10T00:00:00-07:00

Citation: 95 So. 3d 950, 2012 WL 3235164, 2012 Fla. App. LEXIS 13354

Snippet: analysis under section 90.408, Florida Statutes. See § 90.204, Fla. Stat. “[judicial findings of fact ‘present

State v. Mobley

Court: Fla. Dist. Ct. App. | Date Filed: 2012-07-20T00:00:00-07:00

Citation: 98 So. 3d 124, 2012 Fla. App. LEXIS 11765, 2012 WL 2936322

Snippet: jurisdiction of the United States. Sections 90.203 and 90.204 provide the procedure to be followed in taking

Coe v. Coe

Court: Fla. Dist. Ct. App. | Date Filed: 2010-07-16T00:00:00-07:00

Citation: 39 So. 3d 542, 2010 Fla. App. LEXIS 10679, 2010 WL 2788822

Snippet: was required to follow the procedures in section 90.204, which require a court to give the parties notice

BDO Seidman, LLP v. Banco Espirito Santo International

Court: Fla. Dist. Ct. App. | Date Filed: 2010-06-23T00:00:00-07:00

Citation: 38 So. 3d 874, 2010 Fla. App. LEXIS 9119, 2010 WL 2507051

Snippet: analysis under section 90.403, Florida Statutes. See § 90.204, Fla. Stat. "[J]udicial findings of fact `