Florida 2022 2022 Regular Session

Florida House Bill H0677 Introduced / Bill

Filed 11/22/2021

                       
 
HB 677  	2022 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to judicial notice; creating s. 2 
90.2035, F.S.; authorizing courts to take judicial 3 
notice of certain information taken from widely 4 
accepted web mapping services, global satellite 5 
imaging sites, or Internet mapping tools upon request 6 
of a party; requiring parties intending to offer such 7 
information in evidence to file notice of such intent 8 
containing specified information; authorizing parties 9 
to object to the court's taking judicial notice of 10 
such information; creating a rebuttable presumption; 11 
providing construction; providing an effective date. 12 
 13 
Be It Enacted by the Legislature of the State of Florida: 14 
 15 
 Section 1.  Section 90.2035, Florida Statutes, is created 16 
to read: 17 
 90.2035  Judicial notice of information taken from web 18 
mapping services, global satellite imaging sites, or Internet 19 
mapping tools.— 20 
 (1)(a)  Upon request of a party, a court may take judicial 21 
notice of an image, map, locatio n, distance, calculation, or 22 
other information taken from a widely accepted web mapping 23 
service, global satellite imaging site, or Internet mapping 24 
tool, if such image, map, location, distance, calculation, or 25     
 
HB 677  	2022 
 
 
 
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other information indicates the date on which the information 26 
was created. 27 
 (b)  A party intending to offer such information in 28 
evidence at trial or at a hearing must file notice of such 29 
intent within a reasonable time, or as defined by court order, 30 
which notice must include a copy of the information and specify 31 
the Internet address or pathway where such information may be 32 
accessed and inspected. 33 
 (2)(a)  A party may object to the court's taking judicial 34 
notice of the image, map, location, distance, calculation, or 35 
other information taken from a widely accepted web mapping 36 
service, global satellite imaging site, or Internet mapping tool 37 
within a reasonable time or as defined by court order. 38 
 (b)  There is a rebuttable presumption that information 39 
sought to be judicially noticed pursuant to this section should 40 
be judicially noticed. The rebuttable presumption may be 41 
overcome if the court finds by the greater weight of the 42 
evidence that the information does not fairly and accurately 43 
portray what it is being offered to prove or that it otherwise 44 
should not be admitted into evidence under the Florida Evidence 45 
Code. 46 
 (c)  If the court overrules the objection, the court must 47 
take judicial notice of the information and admit the 48 
information into evidence. 49 
 (3)  This section does not affect, expand, or limit 50     
 
HB 677  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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standards for any matters that may otherwise be judicially 51 
noticed. 52 
 Section 2.  This act shall take effect July 1, 2022. 53