90.204

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

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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.

Notes of Decisions

Cited in 48 cases (3 in the last 5 years), 1981–2023 · leading case: In Re: Amendments to Florida Family Law Rules of Procedure

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In Re: Amendments to Florida Family Law Rules of Procedure (2017) fla · cites it 8× “204(4), Florida Statutes,” to bring to light 2014 statutory amendments to section 90.204, Florida Statutes. The Committee also proposes amending subdivision (c)(l)(A)(ii), creating new language specifically addressing the statutory standards for a temporary injunction for repeat…”

Cohen v. Shushan (2017) fladistctapp · cites it 6× “at 5 , any time judicial notice is taken the procedures set forth under section 90.204, Florida Statutes, must be followed.”

Maradie v. Maradie (1996) fladistctapp · cites it 4× “§ 90.204(1), Fla. Stat. (1995); Bonifay v.”

Gidwani v. Roberts (2018) fladistctapp · cites it 2× “3d DCA 1982) (quoting § 90.204, Fla. Stat. (1979)). Because Appellees did not follow these proper steps in requesting that the trial court take judicial notice of the amendment, we are unable to do so.”

In RE: AMENDMENTS TO the FLORIDA FAMILY LAW RULES OF PROCEDURE—2017 REGULAR-CYCLE REPORT (2017) fla · cites it 7× “” § 90.204(1), Fla. Stat. (2016). The new rule reflects the provisions of this statute.”

S.M. v. State (2015) fladistctapp · cites it 5× “This court had previously reversed a trial court for taking judicial notice of such a valuation in a case where the procedure required by section 90.204, Florida Statutes (2004), had not been followed.”

Glaister v. Glaister (2014) fladistctapp · cites it 3× “2d DCA 2006) (reversing the trial court’s restitution order for failure to follow the procedures required by section 90.204 when the court sua sponte took judicial notice of a used car guide to determine the amount of restitution).”

Walentukonis v. State (2006) fladistctapp · cites it 4× “" Here, the court did not follow the procedure required by section 90.204. The specific information upon which the trial court relied is not in our record.”

State v. Green (2005) fladistctapp · cites it 2× “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.”

Craig v. Craig (2008) fladistctapp · cites it 3× “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…”

BDO Seidman, LLP v. Banco Espirito Santo International (2010) fladistctapp · cites it 2× “See § 90.204, Fla. Stat. “[J]udicial findings of fact ‘present a rare case where, by virtue of their having been made by a judge, they would likely be given undue weight by the jury, thus creating a serious danger of unfair prejudice.”

DiGiovanni v. Deutsche Bank National Trust Company (2017) fladistctapp · cites it 2× “Judicial notice may only be taken pursuant to the procedures set forth in section 90.204. Id. at 540 (reversing in part because the trial court failed to follow the statutory procedure required for judicial notice under section 90.”

Show all 48 citing cases →

— 90.204(1) — 13 cases

In RE: AMENDMENTS TO the FLORIDA FAMILY LAW RULES OF PROCEDURE—2017 REGULAR-CYCLE REPORT (2017) fla “” § 90.204(1), Fla. Stat. (2016). The new rule reflects the provisions of this statute.”

Maradie v. Maradie (1996) fladistctapp “§ 90.204(1), Fla. Stat. (1995); Bonifay v.”

Craig v. Craig (2008) fladistctapp “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…”

Walentukonis v. State (2006) fladistctapp “" Here, the court did not follow the procedure required by section 90.204. The specific information upon which the trial court relied is not in our record.”

S.M. v. State (2015) fladistctapp “This court had previously reversed a trial court for taking judicial notice of such a valuation in a case where the procedure required by section 90.204, Florida Statutes (2004), had not been followed.”

— 90.204(2) — 2 cases

TRANSPORTES AEREOS NACIONALES v. De Brenes (1993) fladistctapp

— 90.204(3) — 4 cases

National Union Fire Ins. Co. v. Underwood (1987) fladistctapp

Rodriguez v. Philip (1982) fladistctapp

Powell v. Powell (1983) fladistctapp

— 90.204(4) — 3 cases

In Re: Amendments to Florida Family Law Rules of Procedure (2017) fla “204(4), Florida Statutes,” to bring to light 2014 statutory amendments to section 90.204, Florida Statutes. The Committee also proposes amending subdivision (c)(l)(A)(ii), creating new language specifically addressing the statutory standards for a temporary injunction for repeat…”

In RE: AMENDMENTS TO the FLORIDA FAMILY LAW RULES OF PROCEDURE—2017 REGULAR-CYCLE REPORT (2017) fla “” § 90.204(1), Fla. Stat. (2016). The new rule reflects the provisions of this statute.”

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

— 90.204(B) — 1 case

Glaister v. Glaister (2014) fladistctapp “2d DCA 2006) (reversing the trial court’s restitution order for failure to follow the procedures required by section 90.204 when the court sua sponte took judicial notice of a used car guide to determine the amount of restitution).”

— 90.204(a) — 1 case

Maradie v. Maradie (1996) fladistctapp “§ 90.204(1), Fla. Stat. (1995); Bonifay v.”

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