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2022 Florida Statutes (including 2022C, 2022D, 2022A, and 2023B)

Title VII EVIDENCE
Chapter 90 EVIDENCE CODE Entire Chapter
SECTION 2035
Judicial notice of information taken from web mapping services, global satellite imaging sites, or Internet mapping tools.
F.S. 90.2035
90.2035 Judicial notice of information taken from web mapping services, global satellite imaging sites, or Internet mapping tools.—
(1)(a) Upon request of a party, a court may take judicial notice of an image, map, location, distance, calculation, or other information taken from a widely accepted web mapping service, global satellite imaging site, or Internet mapping tool, if such image, map, location, distance, calculation, or other information indicates the date on which the information was created.
(b) A party intending to offer such information in evidence at trial or at a hearing must file notice of such intent within a reasonable time or as defined by court order. The notice must include a copy of the information and specify the Internet address or pathway where such information may be accessed and inspected.
(2)(a) A party may object to the court taking judicial notice of the image, map, location, distance, calculation, or other information taken from a widely accepted web mapping service, global satellite imaging site, or Internet mapping tool within a reasonable time or as defined by court order.
(b) In civil cases, there is a rebuttable presumption that information sought to be judicially noticed under this section should be judicially noticed. The rebuttable presumption may be overcome if the court finds by the greater weight of the evidence that the information does not fairly and accurately portray what it is being offered to prove or that it otherwise should not be admitted into evidence under the Florida Evidence Code.
(c) If the court overrules the objection, the court must take judicial notice of the information and admit the information into evidence.
(3) In criminal cases, the court must instruct the jury that the jury may or may not accept the noticed facts as conclusive.
(4) This section does not affect, expand, or limit standards for any matters that may otherwise be judicially noticed.
History.—s. 1, ch. 2022-100.