Florida/Georgia Personal Injury & Workers Compensation

...based on the court's taking judicial notice that "a homosexual environment is not a traditional home environment, and can adversely affect a child." Because the trial court failed to follow the statutory procedure required for judicial notice, see, section 90.204(a), Florida Statutes (1995), and the subject judicially noticed is not within the limited subjects authorized by statute as matters that may be judicially noticed, we reverse and remand for further proceedings....

...This conclusion is clear from the testimony of the court-appointed psychologist, quoted in part in footnote 2, the only evidence in the record on this point. At the very least, Valerie Maradie should have been given notice and an opportunity to dispute the matters which the trial court judicially noticed. § 90.204(1), Fla....

...fill out a plea form with all the terms and conditions and I'll do what they did over there." If, by this comment, the trial judge was attempting to take judicial notice of a finding of a valid reason for departure in the Polk County case, he failed to do so properly. See § 90.204, Fla....

...as sitting in the courtroom — insufficient information to ascertain whether the trial court had an indisputable source. Thus, judicial notice was not appropriate under section 90.202(12). Additionally, the court did not comply with the procedure in section 90.204 for a court to take judicial notice of a matter on its own initiative. Under section 90.204, the court must afford each party a "reasonable opportunity to present information relevant to the propriety of taking judicial notice and to the nature of the matter noticed." The trial court did not offer the State an opportunity to present information relevant to the propriety of taking judicial notice....

...reated as a ruling on a question of law." Moreover, in reviewing, de novo, the trial court's determination, appellate courts are not limited to matters raised by the parties, but are encouraged to take an active role in ascertaining foreign law. See § 90.204(2), Fla....

...Stoll, 762 So.2d at 876; § 90.805 (2009); see also Charles W. Ehrhardt, Ehrhardt's Florida Evidence § 204.2, at 85 & n. 5 (2009). Under the Evidence Code, a request for judicial notice is also subject to analysis under section 90.403, Florida Statutes. See § 90.204, Fla....

...NOTES [1] It further stated that it would give the departure sentence for any one of them. [2] Further, such peculiar population characteristics claimed for Citrus County are not established in this record. They are not the kind of thing a judge can take judicial notice of without compliance with section 90.204 of the Florida Evidence Code.

...Employment market conditions are not noticeable as generally known facts nor does a Deputy Commissioner have any special expertise which would allow him to take such notice. E & A Concrete v. Perry, IRC Order 2-3421 (May 3, 1978). There is another reason why the taking of judicial notice was error. Section 90.204, Florida Statutes (1979), requires that the parties be given a reasonable opportunity to "present information relevant to the propriety of taking judicial notice and to the nature of the matter noticed." This requirement of the evidence code was not complied with here....

...First, they contend error in the trial court's reliance on maps which were not part of the record, and its failure to follow the correct procedure in taking judicial notice of these maps. We agree that the trial judge strayed from the statutory procedure in section 90.204, Florida Statutes (1985), when on his own initiative he sought out and relied on two maps which had not been made a part of the record. The court failed to give the parties notice of the intent to resort to these maps. The court did not afford the parties an opportunity to challenge them as permitted in section 90.204....

before judicial notice of the matter is taken.” § 90.204(B), Fla. Stat. (2012). Because the parties were

...Official actions of legislative departments of the state, such as those considered above, may be judicially noticed, but such notice should be consistent with the provisions of section 90.203, or when taken by the court on its own motion, consistent with section 90.204....

...er notice of the request has been served on the opposing party, enabling the adverse party to prepare to meet the request. See § 90.203, Fla. Stat. (2006). Likewise, when the trial court takes judicial notice of a matter on its own initiative under section 90.204, it must afford the opposing party a "reasonable opportunity to present information relevant to the propriety of taking judicial notice and to the nature of the matter noticed." § 90.204(1), Fla....

...Pursuant to section 90.202(12), Florida Statutes (2004), a trial court may take judicial notice of "[f]acts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned." Section 90.204(1), Florida Statutes (2004), provides: "When a court determines upon its own motion that judicial notice of a matter should be taken ... 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." Section 90.204(3) also provides that if a court takes judicial notice by *1137 resort to a 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." Here, the court did not follow the procedure required by section 90.204....

...by resort to sources whose accuracy cannot be questioned," see § 90.202(12), Fla. Stat. (1979), and was, therefore, susceptible of being judicially noticed, a matter cannot be judicially noticed unless and until the procedures of Sections 90.203 or 90.204, Florida Statutes (1979), are observed....

...90.202 when a party requests it and: "(1) Gives each adverse party timely written notice of the request, proof of which is filed with the court, to enable the adverse party to prepare to meet the request. "(2) Furnishes the court with sufficient information to enable it to take judicial notice of the matter." § 90.204, Fla....

...al notice of the surrounding employment conditions. First, employment market conditions are not noticeable as generally known would allow him to take such notice. United States Sugar Corporation v. Hayes, 407 So.2d 1079 (Fla. 1st DCA 1982). Further, Section 90.204, Florida Statutes (1979), requires that the parties be given a reasonable opportunity to "present information relevant to the propriety of taking judicial notice and to the nature of the matter noticed." Such was not done here....

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

valuation in a case where the procedure required by section 90.204, Florida Statutes (2004), had not been followed

...We cannot determine from the face of the complaint that the issue is so clearly raised there as to support the dismissal of the complaint on the basis of res judicata. In addition, the record does not demonstrate that appellants properly requested that the trial court take judicial notice, pursuant to sections 90.201-90.204, Florida Statutes (1981), of the prior proceeding in the same court which allegedly supports the defense of res judicata....

...al notice of the prior appeal. Accordingly, following oral argument in this cause, we issued an order pursuant to section 90.202(6), Florida Statutes (1981), that we would take judicial notice of the records of the prior appeal, and that pursuant to section 90.204(1), the parties would be given ten days to respond to the propriety of taking judicial notice and to the nature of the matter noted....

...took judicial notice of both the final judgment amount and the appraised value of the property from the property appraiser's printout. In taking judicial notice of the property appraiser's printout, the court did not comply with the requirements of section 90.204, Florida Statutes (1993)....

...Carney Groves, Incorporated, 159 So.2d 489 (Fla.2d DCA 1964). If the court proposes to take judicial notice of documentary evidence, such as pleadings in another case, whether the same court or not, copies of said documents judicially noticed must be brought into the record of the case under consideration. § 90.204(3), Fla....

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

...harassment. The trial court's order on rule to show cause is restated verbatim: THIS CAUSE having come on to be heard March 9, 1992 pursuant to the Rule to Show Cause issued February 12, 1992 and upon Plaintiff's request for a hearing pursuant to F.S. 90.204 and the Court having taken testimony, reviewed the file and otherwise being fully advised in the premises, it is ORDERED AND ADJUDGED as follows: Mr....

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

taken pursuant to the procedures set forth in section 90.204. Id. at 540 (reversing in part because the

...Although section 90.202(6), Florida Statutes (1981), provides that a court may take judicial notice of the records of any court of this state, [4] we agree with appellant's arguments that the use of the information from the court file constituted a discovery violation and was an inappropriate "surprise." Further, section 90.204, Florida Statutes (1981), [5] provides for each party to have a reasonable opportunity to be heard prior to the determination of the propriety of taking judicial notice of particular matters....

...dicial notice of the existence of facts asserted in every document of a court file, ... a court cannot take judicial notice of hearsay allegations as being true, just because they are part of a court record or file... .'" (Emphasis in original.) [5] Section 90.204 states: (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....

procedure set out in either Section 90.203 or Section 90.204, Florida Statutes (1981). R.A. v. State, 400

scrupulously follow the procedural requirements of section 90.204, Florida Statutes (1981), for taking judicial

Notice) is adopted to reflect the provisions of section 90.204(4), Florida Statutes (2016), pertaining to

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

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

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

notice and to the nature of the matter noticed.”2 § 90.204, Fla.Stat. (1979). See generally R. A. v. State

section 2, Laws of Florida, which amended section 90.204, Florida Statutes, a provision of the Evidence

been given notice and opportunity to dispute. § 90.204, Fla. Stat. (2003).

the court on its own motion, consistent with section 90.204. We next turn our attention to the effect of

to the nature of the matter to be noticed. See § 90.204(1), Fla. Stat. (2006). The affidavits had been

language “and any other matters as provided by section 90.204(4), Florida Statutes,” to bring to light 2014

notice is taken the procedures set forth under section 90.204, Florida Statutes, must be followed. See Maradie

did not comply with the notice provisions of section 90.204(1), Florida Statutes (1991), even if those

enable it to take judicial notice of the matter.” § 90.204, Fla.Stat. (1979), provides: “Determination of

opportunity to review or challenge it, violates Section 90.204(3), Florida Statutes (1981) and Section 61

judicially noticed. § 90.204(1), Fla. Stat.” Maradie, 680 So.2d at 542. See also § 90.204(1), Fla. Stat. (2012)

court’s taking judicial notice of the matter. See § 90.204, Fla. Stat. (1997); *1071see also Mininni v. Gillum

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

opportunity to be heard are still required. See § 90.204(1), Fla. Stat. In the instant case, TSRI California

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

First, it was not validly noticed pursuant to § 90.204, Fla.Stat. (1993). Second, even if validly noticed

other information was in contravention of section 90.-204(3), Florida Statutes (1989). That section requires