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Florida Statute 90.204 | Lawyer Caselaw & Research
F.S. 90.204 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
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.

F.S. 90.204 on Google Scholar

F.S. 90.204 on Casetext

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 from cite.case.law:

IN RE AMENDMENTS TO FLORIDA EVIDENCE CODE REGULAR- CYCLE REPORT., 270 So. 3d 314 (Fla. 2019)

. . . recommends that the Court adopt chapter 2014-35, section 2, Laws of Florida, which amended section 90.204 . . . The Legislature amended section 90.204(4) in chapter 2014-35, section 2, Laws of Florida. . . . the term "family cases" has the same meaning as provided in the Rules of Judicial Administration. § 90.204 . . . APPENDIX Chapter 2014-35, section 2: 90.204. . . . Family Law Rule of Procedure 12.4501 (Judicial Notice) was adopted previously in response to section 90.204 . . .

GIDWANI v. ROBERTS, 248 So. 3d 203 (Fla. App. Ct. 2018)

. . . Philip, 413 So.2d 441, 442 (Fla. 3d DCA 1982) (quoting § 90.204, Fla. Stat. (1979) ). . . .

IN RE AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE- REGULAR- CYCLE REPORT, 227 So. 3d 115 (Fla. 2017)

. . . New rule 12.4501 (Judicial Notice) is adopted to reflect the provisions of section 90.204(4), Florida . . . Section 90.204(4) provides that in family cases judges may take judicial notice of certain court records . . . information relevant to the propriety of taking judicial notice and to the nature of the matter noticed.” § 90.204 . . . Opportunity to present evidence relevant to the propriety of taking judicial notice under section 90.204 . . .

N. DIGIOVANNI, v. DEUTSCHE BANK NATIONAL TRUST COMPANY f k a N. a n k a n k a If a s Is s a s Is, 226 So. 3d 984 (Fla. Dist. Ct. App. 2017)

. . . Judicial notice may only be taken pursuant to the procedures set forth in section 90.204. . . . the trial court failed to follow the statutory procedure required for judicial notice under section 90.204 . . .

IN RE AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE, 214 So. 3d 400 (Fla. 2017)

. . . proposes amending the second sentence to add the language “and any other matters as provided by section 90.204 . . . (4), Florida Statutes,” to bring to light 2014 statutory amendments to section 90.204, Florida Statutes . . . closely mirrors the language of subdivision (c)(l)(A)(i), including containing a reference to section 90.204 . . . existing subdivision (c)(l)(A)(ii), regarding stalking, with the addition of language to reference section 90.204 . . .

COHEN, v. SHUSHAN R. Or L., 212 So. 3d 1113 (Fla. Dist. Ct. App. 2017)

. . . of foreign law,” id. at 5, any time judicial notice is taken the procedures set forth under section 90.204 . . . the trial court failed to follow the statutory procedure required for judicial notice under section 90.204 . . .

CARRILLO, Jr. v. CARRILLO o b o J. L. S. C. S. C., 204 So.3d 985 (Fla. Dist. Ct. App. 2016)

. . . proceeding, but it must follow the procedure for taking judicial notice of those records outlined in section 90.204 . . .

RICHARDSON, v. STATE, 182 So. 3d 918 (Fla. Dist. Ct. App. 2016)

. . . . § 90.204(1), Fla. Stat.” Maradie, 680 So.2d at 542. See also § 90.204(1), Fla. . . . The court did not comply with the procedure in section 90.204 for taking judicial notice of,a matter . . .

CUENCA, v. NOVA SOUTHEASTERN UNIVERSITY, 160 So. 3d 941 (Fla. Dist. Ct. App. 2015)

. . . appropriate procedure for a JCC to take judicial notice of his/her file is as set out in sections 90.202 and 90.204 . . .

S. M. v. STATE, 159 So. 3d 966 (Fla. Dist. Ct. App. 2015)

. . . court for taking judicial notice of such a valuation in a case where the procedure required by section 90.204 . . . Under section 90.204(1), the trial court is required to give the parties an opportunity “to present information . . . At a hearing to decide whether to take judicial notice, section 90.204(2) allows use of “any source of . . . (“Section 90.204(2) permits the court to use any source of pertinent and reliable information as long . . .

GLAISTER, v. GLAISTER,, 137 So. 3d 513 (Fla. Dist. Ct. App. 2014)

. . . .” § 90.204(B), Fla. Stat. (2012). . . . reversing the trial court’s restitution order for failure to follow the procedures required by section 90.204 . . .

MIRANDA, v. BRIDGE,, 112 So. 3d 500 (Fla. Dist. Ct. App. 2012)

. . . should not take judicial notice of the November 2009 order under the authority of sections 90.202 and 90.204 . . .

J. R. a v. STATE, 99 So. 3d 427 (Fla. 2012)

. . . Philip, 413 So.2d 441, 442 (Fla. 3d DCA 1982) (quoting § 90.204, Fla. Stat. (1979)). . . .

RUBRECHT v. CONE DISTRIBUTING, INC., 95 So. 3d 950 (Fla. Dist. Ct. App. 2012)

. . . See § 90.204, Fla. Stat. . . .

STATE v. E. MOBLEY,, 98 So. 3d 124 (Fla. Dist. Ct. App. 2012)

. . . Sections 90.203 and 90.204 provide the procedure to be followed in taking judicial notice pursuant to . . .

COE, v. COE,, 39 So. 3d 542 (Fla. Dist. Ct. App. 2010)

. . . procedures for this type of unified proceeding, the court was required to follow the procedures in section 90.204 . . .

BDO SEIDMAN, LLP. v. BANCO ESPIRITO SANTO INTERNATIONAL,, 38 So. 3d 874 (Fla. Dist. Ct. App. 2010)

. . . See § 90.204, Fla. Stat. . . .

WARD, v. STATE, 984 So. 2d 650 (Fla. Dist. Ct. App. 2008)

. . . propriety of taking judicial notice and to the nature of the matter noticed,” see §§ 90.202(6) and 90.204 . . .

L. CRAIG, v. W. CRAIG,, 982 So. 2d 724 (Fla. Dist. Ct. App. 2008)

. . . Likewise, when the trial court takes judicial notice of a matter on its own initiative under section 90.204 . . . information relevant to the propriety of taking judicial notice and to the nature of the matter noticed.” § 90.204 . . .

MANCHEC, LLC, a a v. MANCHEC a k a, 951 So. 2d 1026 (Fla. Dist. Ct. App. 2007)

. . . See § 90.204(1), Fla. Stat. (2006). . . .

WALENTUKONIS, v. STATE, 932 So. 2d 1136 (Fla. Dist. Ct. App. 2006)

. . . Section 90.204(1), Florida Statutes (2004), provides: “When a court determines upon its own motion that . . . Section 90.204(3) also provides that if a court takes judicial notice by resort to a documentary source . . . Here, the court did not follow the procedure required by section 90.204. . . .

THE SCRIPPS RESEARCH INSTITUTE, INC. a v. THE SCRIPPS RESEARCH INSTITUTE, a d b a, 916 So. 2d 988 (Fla. Dist. Ct. App. 2005)

. . . See § 90.204(1), Fla. Stat. . . . See § 90.204(1), Fla. Stat. . . .

JONES, v. STATE, 895 So. 2d 1246 (Fla. Dist. Ct. App. 2005)

. . . . § 90.204, Fla. Stat. (2003). . . .

STATE v. GREEN,, 890 So. 2d 1283 (Fla. Dist. Ct. App. 2005)

. . . Additionally, the court did not comply with the procedure in section 90.204 for a court to take judicial . . . Under section 90.204, the court must afford each party a “reasonable opportunity to present information . . .

KEMIN FOODS, L. C. v. PIGMENTOS VEGETALES DEL CENTRO S. A. DE C. V., 301 F. Supp. 2d 970 (S.D. Iowa 2004)

. . . contains 87% ± 2% lu-tein and a certificate of analysis provided by PIVEG indicates lutein purity of 90.204% . . .

STATE v. BARNES,, 753 So. 2d 605 (Fla. Dist. Ct. App. 2000)

. . . See § 90.204, Fla. Stat. (1997). . . .

DECHAINE, v. STATE, 705 So. 2d 1070 (Fla. Dist. Ct. App. 1998)

. . . See § 90.204, Fla. Stat. (1997); see also Mininni v. . . .

MARADIE, v. B. MARADIE,, 680 So. 2d 538 (Fla. Dist. Ct. App. 1996)

. . . the trial court failed to follow the statutory procedure required for judicial notice, see, section 90.204 . . . given notice and an opportunity to dispute the matters which the trial court judicially noticed. § 90.204 . . .

RSR INVESTMENTS, INC. v. BARNETT BANK OF PINELLAS COUNTY J. S. P. A. C. No. St. a, 647 So. 2d 874 (Fla. Dist. Ct. App. 1994)

. . . notice of the property appraiser’s printout, the court did not comply with the requirements of section 90.204 . . .

J. KUNEN, M. D. v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 642 So. 2d 60 (Fla. Dist. Ct. App. 1994)

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

In FORFEITURE OF FORTY- FOUR THOUSAND, SIX HUNDRED AND FORTY- FIVE DOLLARS IN U. S. CURRENCY. M. OELRICH, v. De La PUENTE,, 634 So. 2d 710 (Fla. Dist. Ct. App. 1994)

. . . trial court’s attempt to take judicial notice did not comply with the notice provisions of section 90.204 . . .

TRANSPORTES AEREOS NACIONALES, S. A. a De S. A. a v. DE BRENES, s G., 625 So. 2d 4 (Fla. Dist. Ct. App. 1993)

. . . See § 90.204(2), Fla.Stat. (1991); Twohy v. . . .

G. RODRIGUEZ- DIAZ, v. ABATE,, 613 So. 2d 515 (Fla. Dist. Ct. App. 1993)

. . . to Show Cause issued February 12, 1992 and upon Plaintiff’s request for a hearing pursuant to F.S. 90.204 . . .

CARSON, v. GIBSON,, 595 So. 2d 175 (Fla. Dist. Ct. App. 1992)

. . . Appellee argues that he has satisfied the requirements of sections 90.208 and 90.204, Florida Statutes . . .

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, v. UNDERWOOD L. a, 502 So. 2d 1325 (Fla. Dist. Ct. App. 1987)

. . . . § 90.204(3), Fla.Stat. (1985). . . .

BONIFAY v. GARNER,, 503 So. 2d 389 (Fla. Dist. Ct. App. 1987)

. . . We agree that the trial judge strayed from the statutory procedure in section 90.204, Florida Statutes . . . The court did not afford the parties an opportunity to challenge them as permitted in section 90.204. . . .

JACKSONVILLE ELECTRIC AUTHORITY, v. DEPARTMENT OF REVENUE, FLORIDA POWER LIGHT COMPANY, v. DEPARTMENT OF REVENUE,, 486 So. 2d 1350 (Fla. Dist. Ct. App. 1986)

. . . provisions of section 90.203, or when taken by the court on its own motion, consistent with section 90.204 . . .

KNIGHT v. STATE OF FLORIDA, 16 Fla. Supp. 2d 121 (Fla. Cir. Ct. 1986)

. . . Sections 90.203 and 90.204 set forth the procedure to be followed. . . . record of the State having complied with Section 90.203 nor of the Court having complied with Section 90.204 . . .

STATE OF FLORIDA v. PAYNE, 16 Fla. Supp. 2d 20 (Fla. Cty. Ct. 1985)

. . . F.S. 90.204 (1980). A. DeFoor and J. . . .

R. SHELTON, v. STATE, 478 So. 2d 433 (Fla. Dist. Ct. App. 1985)

. . . They are not the kind of thing a judge can take judicial notice of without compliance with section 90.204 . . .

BLOCK, v. STATE, 437 So. 2d 792 (Fla. Dist. Ct. App. 1983)

. . . the outset we note that the court did not scrupulously follow the procedural requirements of section 90.204 . . .

SANDERS, v. INVERSIONES VARIAS, S. A. INVASA, 436 So. 2d 1089 (Fla. Dist. Ct. App. 1983)

. . . Florida Statutes (1981), but only by following the procedure set out in either Section 90.203 or Section 90.204 . . .

POWELL, v. POWELL,, 433 So. 2d 1374 (Fla. Dist. Ct. App. 1983)

. . . Support” (Guidelines) without giving him an opportunity to review or challenge it, violates Section 90.204 . . . Section 90.204(3), Florida Statutes (1981) requires that “[i]f a court resorts to any documentary source . . . part of the record or allowing Edward an opportunity to challenge them is clearly violative of Section 90.204 . . . apply guidelines to determine the amount of child support other than in the manner provided by Section 90.204 . . .

MILTON a k a v. STATE, 429 So. 2d 804 (Fla. Dist. Ct. App. 1983)

. . . Further, section 90.204, Florida Statutes (1981), provides for each party to have a reasonable opportunity . . . Section 90.204 states: (1) When a court determines upon its own motion that judicial notice of a matter . . .

HILLSBOROUGH COUNTY BOARD OF COUNTY COMMISSIONERS, v. PUBLIC EMPLOYEES RELATIONS COMMISSION, 424 So. 2d 132 (Fla. Dist. Ct. App. 1982)

. . . We do not here decide whether the procedural portions of Sections 90.203 and 90.204 apply to the appellate . . .

P. LAGARDE, Jr. v. OUTDOOR RESORTS OF AMERICA, INC. a, 428 So. 2d 669 (Fla. Dist. Ct. App. 1982)

. . . appellants properly requested that the trial court take judicial notice, pursuant to sections 90.201-90.204 . . . that we would take judicial notice of the records of the prior appeal, and that pursuant to section 90.204 . . .

RODRIGUEZ v. M. PHILIP, 413 So. 2d 441 (Fla. Dist. Ct. App. 1982)

. . . .” § 90.204, Fla.Stat. (1979). See generally R. A. v. . . . See § 90.204(3), Fla.Stat. (1979). . . .

UNITED STATES SUGAR CORPORATION v. R. HAYES,, 407 So. 2d 1079 (Fla. Dist. Ct. App. 1982)

. . . Section 90.204, Florida Statutes (1979), requires that the parties be given a reasonable opportunity . . .

R. A. a v. STATE, 400 So. 2d 1059 (Fla. Dist. Ct. App. 1981)

. . . noticed, a matter cannot be judicially noticed unless and until the procedures of Sections 90.203 or 90.204 . . . Furnishes the court with sufficient information to enable it to take judicial notice of the matter.” § 90.204 . . .