Fla. Stat. 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.

Source: Section 90.204 — Determination of propriety of judicial notice and nature of matter noticed, https://www.­flsenate.­gov/Laws/Statutes/2024/0090.­204 (accessed Aug. 7, 2025).

90.91
Photographs of property wrongfully taken
90.101
Short title
90.102
Construction
90.103
Scope
90.104
Rulings on evidence
90.105
Preliminary questions
90.106
Summing up and comment by judge
90.107
Limited admissibility
90.108
Introduction of related writings or recorded statements
90.201
Matters which must be judicially noticed
90.202
Matters which may be judicially noticed
90.203
Compulsory judicial notice upon request
90.204
Determination of propriety of judicial notice and nature of matter noticed
90.205
Denial of a request for judicial notice
90.206
Instructing jury on judicial notice
90.207
Judicial notice by trial court in subsequent proceedings
90.301
Presumption defined
90.302
Classification of rebuttable presumptions
90.303
Presumption affecting the burden of producing evidence defined
90.304
Presumption affecting the burden of proof defined
90.401
Definition of relevant evidence
90.402
Admissibility of relevant evidence
90.403
Exclusion on grounds of prejudice or confusion
90.404
Character evidence
90.405
Methods of proving character
90.406
Routine practice
90.407
Subsequent remedial measures
90.408
Compromise and offers to compromise
90.409
Payment of medical and similar expenses
90.410
Offer to plead guilty
90.501
Privileges recognized only as provided
90.502
Lawyer-client privilege
90.503
Psychotherapist-patient privilege
90.504
Husband-wife privilege
90.505
Privilege with respect to communications to clergy
90.506
Privilege with respect to trade secrets
90.507
Waiver of privilege by voluntary disclosure
90.508
Privileged matter disclosed under compulsion or without opportunity to claim privilege
90.509
Application of privileged communication
90.510
Privileged communication necessary to adverse party
90.601
General rule of competency
90.603
Disqualification of witness
90.604
Lack of personal knowledge
90.605
Oath or affirmation of witness
90.606
Interpreters and translators
90.607
Competency of certain persons as witnesses
90.608
Who may impeach
90.609
Character of witness as impeachment
90.610
Conviction of certain crimes as impeachment
90.611
Religious beliefs or opinions
90.612
Mode and order of interrogation and presentation
90.613
Refreshing the memory of a witness
90.614
Prior statements of witnesses
90.615
Calling witnesses by the court
90.616
Exclusion of witnesses
90.701
Opinion testimony of lay witnesses
90.702
Testimony by experts
90.703
Opinion on ultimate issue
90.704
Basis of opinion testimony by experts
90.705
Disclosure of facts or data underlying expert opinion
90.706
Authoritativeness of literature for use in cross-examination
90.801
Hearsay
90.802
Hearsay rule
90.803
Hearsay exceptions
90.804
Hearsay exceptions
90.805
Hearsay within hearsay
90.806
Attacking and supporting credibility of declarant
90.901
Requirement of authentication or identification
90.902
Self-authentication
90.903
Testimony of subscribing witness unnecessary
90.951
Definitions
90.952
Requirement of originals
90.953
Admissibility of duplicates
90.954
Admissibility of other evidence of contents
90.955
Public records
90.956
Summaries
90.957
Testimony or written admissions of a party
90.958
Functions of court and jury
90.2035
Judicial notice of information taken from web mapping services, global satellite imaging sites, or Internet mapping tools
90.4025
Admissibility of paternity determination in certain criminal prosecutions
90.4026
Statements expressing sympathy
90.5015
Journalist’s privilege
90.5021
Fiduciary lawyer-client privilege
90.5035
Sexual assault counselor-victim privilege
90.5036
Domestic violence advocate-victim privilege
90.5037
Human trafficking victim advocate-victim privilege
90.5055
Accountant-client privilege
90.6063
Interpreter services for deaf persons

Current through Fall 2025

§ 90.204. Determination of propriety of judicial notice & nature of matter noticed's source at flsenate​.gov