CS/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 taking judicial notice of such 10
information; creating a rebuttable presumption in 11
civil cases; providing jury instructions for criminal 12
cases; providing construction; providing an effective 13
date. 14
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Be It Enacted by the Legi slature of the State of Florida: 16
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Section 1. Section 90.2035, Florida Statutes, is created 18
to read: 19
90.2035 Judicial notice of information taken from web 20
mapping services, global satellite imaging sites, or Internet 21
mapping tools.— 22
(1)(a) Upon request of a party, a court may take judicial 23
notice of an image, map, location, distance, calculation, or 24
other information taken from a widely accepted web mapping 25
CS/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
service, global satellite imaging site, or Internet mapping 26
tool, if such image, map, location , distance, calculation, or 27
other information indicates the date on which the information 28
was created. 29
(b) A party intending to offer such information in 30
evidence at trial or at a hearing must file notice of such 31
intent within a reasonable time, or as de fined by court order, 32
which notice must include a copy of the information and specify 33
the Internet address or pathway where such information may be 34
accessed and inspected. 35
(2)(a) A party may object to the court taking judicial 36
notice of the image, map, l ocation, distance, calculation, or 37
other information taken from a widely accepted web mapping 38
service, global satellite imaging site, or Internet mapping tool 39
within a reasonable time or as defined by court order. 40
(b) In civil cases there is a rebuttable presumption that 41
information sought to be judicially noticed pursuant to this 42
section should be judicially noticed. The rebuttable presumption 43
may be overcome if the court finds by the greater weight of the 44
evidence that the information does not fairly an d accurately 45
portray what it is being offered to prove or that it otherwise 46
should not be admitted into evidence under the Florida Evidence 47
Code. 48
(c) If the court overrules the objection, the court must 49
take judicial notice of the information and admit t he 50
CS/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
information into evidence. 51
(3) In criminal cases the court must instruct the jury 52
that it may or may not accept the noticed fact as conclusive. 53
(4) This section does not affect, expand, or limit 54
standards for any matters that may otherwise be judici ally 55
noticed. 56
Section 2. This act shall take effect July 1, 2022. 57