Florida Senate - 2022                              CS for SB 634
       
       
        
       By the Committee on Commerce and Tourism; and Senator Bradley
       
       
       
       
       
       577-02262-22                                           2022634c1
    1                        A bill to be entitled                      
    2         An act relating to judicial notice; creating s.
    3         90.2035, F.S.; authorizing courts to take judicial
    4         notice of certain information taken from widely
    5         accepted web mapping services, global satellite
    6         imaging sites, or Internet mapping tools upon request
    7         of a party; requiring parties who intend to offer such
    8         information into evidence to file a notice of intent
    9         containing specified information; authorizing parties
   10         to object to the court taking judicial notice of such
   11         information; creating a rebuttable presumption that
   12         such information should be judicially noticed unless
   13         certain findings are made; providing construction;
   14         providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 90.2035, Florida Statutes, is created to
   19  read:
   20         90.2035 Judicial notice of information taken from web
   21  mapping services, global satellite imaging sites, or Internet
   22  mapping tools.—
   23         (1)(a) Upon request of a party, a court may take judicial
   24  notice of an image, map, location, distance, calculation, or
   25  other information taken from a widely accepted web mapping
   26  service, global satellite imaging site, or Internet mapping
   27  tool, if such image, map, location, distance, calculation, or
   28  other information indicates the date on which the information
   29  was created.
   30         (b) A party intending to offer such information in evidence
   31  at trial or at a hearing must file notice of such intent within
   32  a reasonable time, or as defined by court order. The notice must
   33  include a copy of the information and specify the Internet
   34  address or pathway where such information may be accessed and
   35  inspected.
   36         (2)(a) A party may object to the court taking judicial
   37  notice of the image, map, location, distance, calculation, or
   38  other information taken from a widely accepted web mapping
   39  service, global satellite imaging site, or Internet mapping tool
   40  within a reasonable time or as defined by court order.
   41         (b) There is a rebuttable presumption that information
   42  sought to be judicially noticed under this section should be
   43  judicially noticed. The rebuttable presumption may be overcome
   44  if the court finds by the greater weight of the evidence that
   45  the information does not fairly and accurately portray what it
   46  is being offered to prove or that it otherwise should not be
   47  admitted into evidence under the Florida Evidence Code.
   48         (c) If the court overrules the objection, the court must
   49  take judicial notice of the information and admit the
   50  information into evidence.
   51         (3) This section does not affect, expand, or limit
   52  standards for any matters that may otherwise be judicially
   53  noticed.
   54         Section 2. This act shall take effect July 1, 2022.