Florida Statute 90.204 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.204

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.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 2, ch. 2014-35.

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Amendments to 90.204

Annotations, Discussions, Cases:

Cases Citing Statute 90.204

Total Results: 47

Maradie v. Maradie

680 So. 2d 538, 1996 WL 392958

District Court of Appeal of Florida | Filed: Jul 16, 1996 | Docket: 1201890

Cited 14 times | Published

procedure required for judicial notice, see, section 90.204(a), Florida Statutes (1995), and the subject

State v. Barnes

753 So. 2d 605, 2000 WL 192150

District Court of Appeal of Florida | Filed: Feb 18, 2000 | Docket: 1433388

Cited 13 times | Published

County case, he failed to do so properly. See § 90.204, Fla. Stat. (1997). Consequently, the trial court

State v. Green

890 So. 2d 1283, 2005 WL 120418

District Court of Appeal of Florida | Filed: Jan 21, 2005 | Docket: 1690250

Cited 12 times | Published

court did not comply with the procedure in section 90.204 for a court to take judicial notice of a matter

TRANSPORTES AEREOS NACIONALES v. De Brenes

625 So. 2d 4

District Court of Appeal of Florida | Filed: Mar 9, 1993 | Docket: 474138

Cited 11 times | Published

an active role in ascertaining foreign law. See § 90.204(2), Fla. Stat. (1991); Twohy v. First Nat'l Bank

BDO Seidman, LLP v. Banco Espirito Santo International

38 So. 3d 874, 2010 Fla. App. LEXIS 9119, 2010 WL 2507051

District Court of Appeal of Florida | Filed: Jun 23, 2010 | Docket: 1658356

Cited 8 times | Published

analysis under section 90.403, Florida Statutes. See § 90.204, Fla. Stat. "[J]udicial findings of fact `present

Shelton v. State

478 So. 2d 433, 10 Fla. L. Weekly 2496

District Court of Appeal of Florida | Filed: Nov 7, 1985 | Docket: 1741693

Cited 7 times | Published

judicial notice of without compliance with section 90.204 of the Florida Evidence Code.

Glaister v. Glaister

137 So. 3d 513, 2014 WL 1301502, 2014 Fla. App. LEXIS 4781

District Court of Appeal of Florida | Filed: Apr 2, 2014 | Docket: 60240339

Cited 6 times | Published

before judicial notice of the matter is taken.” § 90.204(B), Fla. Stat. (2012). Because the parties were

Bonifay v. Garner

503 So. 2d 389, 12 Fla. L. Weekly 567

District Court of Appeal of Florida | Filed: Feb 19, 1987 | Docket: 1452768

Cited 6 times | Published

judge strayed from the statutory procedure in section 90.204, Florida Statutes (1985), when on his own initiative

United States Sugar Corp. v. Hayes

407 So. 2d 1079

District Court of Appeal of Florida | Filed: Jan 5, 1982 | Docket: 1299791

Cited 6 times | Published

why the taking of judicial notice was error. Section 90.204, Florida Statutes (1979), requires that the

Craig v. Craig

982 So. 2d 724, 2008 WL 1774095

District Court of Appeal of Florida | Filed: Apr 21, 2008 | Docket: 1207751

Cited 5 times | Published

notice of a matter on its own initiative under section 90.204, it must afford the opposing party a "reasonable

JACKSONVILLE ELEC. AUTHOR. v. Dept. of Rev.

486 So. 2d 1350

District Court of Appeal of Florida | Filed: Mar 31, 1986 | Docket: 2055972

Cited 5 times | Published

the court on its own motion, consistent with section 90.204. We next turn our attention to the effect of

Walentukonis v. State

932 So. 2d 1136, 2006 WL 1667354

District Court of Appeal of Florida | Filed: Jun 16, 2006 | Docket: 1285761

Cited 4 times | Published

sources whose accuracy cannot be questioned." Section 90.204(1), Florida Statutes (2004), provides: "When

Leffler v. Grand Union Co.

409 So. 2d 1145

District Court of Appeal of Florida | Filed: Feb 11, 1982 | Docket: 526332

Cited 4 times | Published

407 So.2d 1079 (Fla. 1st DCA 1982). Further, Section 90.204, Florida Statutes (1979), requires that the

RA v. State

400 So. 2d 1059

District Court of Appeal of Florida | Filed: Jul 21, 1981 | Docket: 1676956

Cited 4 times | Published

enable it to take judicial notice of the matter." § 90.204, Fla. Stat. (1979), provides: "Determination of

Gidwani v. Roberts

248 So. 3d 203

District Court of Appeal of Florida | Filed: May 9, 2018 | Docket: 6525166

Cited 3 times | Published

413 So. 2d 441, 442 (Fla. 3d DCA 1982) (quoting § 90.204, Fla. Stat. (1979)). Because Appellees did not

S.M. v. State

159 So. 3d 966, 2015 Fla. App. LEXIS 3605, 2015 WL 1088436

District Court of Appeal of Florida | Filed: Mar 13, 2015 | Docket: 60246720

Cited 3 times | Published

valuation in a case where the procedure required by section 90.204, Florida Statutes (2004), had not been followed

Lagarde v. Outdoor Resorts of America, Inc.

428 So. 2d 669

District Court of Appeal of Florida | Filed: Dec 10, 1982 | Docket: 1374830

Cited 3 times | Published

records of the prior appeal, and that pursuant to section 90.204(1), the parties would be given ten days to

Rsr Invest. v. Barnett Bk of Pinellas

647 So. 2d 874, 1994 WL 587669

District Court of Appeal of Florida | Filed: Oct 28, 1994 | Docket: 437601

Cited 2 times | Published

court did not comply with the requirements of section 90.204, Florida Statutes (1993). When the court on

National Union Fire Ins. Co. v. Underwood

502 So. 2d 1325, 12 Fla. L. Weekly 639

District Court of Appeal of Florida | Filed: Feb 25, 1987 | Docket: 1657605

Cited 2 times | Published

into the record of the case under consideration. § 90.204(3), Fla. Stat. (1985). The proper way to handle

DiGiovanni v. Deutsche Bank National Trust Company

226 So. 3d 984, 2017 WL 1277737, 2017 Fla. App. LEXIS 4579

District Court of Appeal of Florida | Filed: Apr 5, 2017 | Docket: 4669312

Cited 1 times | Published

taken pursuant to the procedures set forth in section 90.204. Id. at 540 (reversing in part because the

Rubrecht v. Cone Distributing, Inc.

95 So. 3d 950, 2012 WL 3235164, 2012 Fla. App. LEXIS 13354

District Court of Appeal of Florida | Filed: Aug 10, 2012 | Docket: 60311350

Cited 1 times | Published

analysis under section 90.408, Florida Statutes. See § 90.204, Fla. Stat. “[judicial findings of fact ‘present

Coe v. Coe

39 So. 3d 542, 2010 Fla. App. LEXIS 10679, 2010 WL 2788822

District Court of Appeal of Florida | Filed: Jul 16, 2010 | Docket: 60294914

Cited 1 times | Published

court was required to follow the procedures in section 90.204, which require a court to give the parties

Rodriguez-Diaz v. Abate

613 So. 2d 515, 1993 WL 8873

District Court of Appeal of Florida | Filed: Jan 19, 1993 | Docket: 454314

Cited 1 times | Published

Plaintiff's request for a hearing pursuant to F.S. 90.204 and the Court having taken testimony, reviewed

Milton v. State

429 So. 2d 804

District Court of Appeal of Florida | Filed: Apr 13, 1983 | Docket: 1221266

Cited 1 times | Published

and was an inappropriate "surprise." Further, section 90.204, Florida Statutes (1981),[5] provides for each

MERCURY IDEMNITY COMPANY OF AMERICA vs CENTRAL FLORIDA MEDICAL & CHIROPRACTIC CENTER, INC. D/B/A STERLING MEDICAL GROUP A/A/O STHEFANY SANTIAGO

District Court of Appeal of Florida | Filed: Oct 27, 2023 | Docket: 68034059

Published

(which do not appear in our record) pursuant to section 90.204, Florida Statutes (2023). We conclude that

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60680655

Published

the propriety of taking judicial notice under section 90.204(1), Florida Statutes, may be deferred until

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60688689

Published

the propriety of taking judicial notice under section 90.204(1), Florida Statutes, may be deferred until

In Re: Amendments to The Florida Evidence Code - 2019 Regular-Cycle Report

270 So. 3d 314

Supreme Court of Florida | Filed: May 2, 2019 | Docket: 15041438

Published

section 2, Laws of Florida, which amended section 90.204, Florida Statutes, a provision of the Evidence

In RE: AMENDMENTS TO the FLORIDA FAMILY LAW RULES OF PROCEDURE—2017 REGULAR-CYCLE REPORT

227 So. 3d 115, 2017 WL 4416328

Supreme Court of Florida | Filed: Oct 5, 2017 | Docket: 6164307

Published

Notice) is adopted to reflect the provisions of section 90.204(4), Florida Statutes (2016), pertaining to

In Re: Amendments to Florida Family Law Rules of Procedure

214 So. 3d 400, 42 Fla. L. Weekly Supp. 319, 2017 WL 1031456, 2017 Fla. LEXIS 598

Supreme Court of Florida | Filed: Mar 16, 2017 | Docket: 4618309

Published

language “and any other matters as provided by section 90.204(4), Florida Statutes,” to bring to light 2014

Cohen v. Shushan

212 So. 3d 1113, 2017 WL 1018422, 2017 Fla. App. LEXIS 3430

District Court of Appeal of Florida | Filed: Mar 15, 2017 | Docket: 4617590

Published

notice is taken the procedures set forth under section 90.204, Florida Statutes, must be followed. See Maradie

Carrillo v. Carrillo

204 So. 3d 985, 2016 Fla. App. LEXIS 18223

District Court of Appeal of Florida | Filed: Dec 9, 2016 | Docket: 4553785

Published

judicial notice of those records outlined in section 90.204(1), Florida Statutes (2016), “[Procedural safeguards

Richardson v. State

182 So. 3d 918, 2016 Fla. App. LEXIS 584, 2016 WL 166721

District Court of Appeal of Florida | Filed: Jan 15, 2016 | Docket: 60252840

Published

judicially noticed. § 90.204(1), Fla. Stat.” Maradie, 680 So.2d at 542. See also § 90.204(1), Fla. Stat. (2012)

J.R. v. State

99 So. 3d 427, 37 Fla. L. Weekly Supp. 529, 2012 WL 3732857, 2012 Fla. LEXIS 1662

Supreme Court of Florida | Filed: Aug 30, 2012 | Docket: 60312998

Published

413 So.2d 441, 442 (Fla. 3d DCA 1982) (quoting § 90.204, Fla. Stat. (1979)). Instead, the trial court

Manchec v. Manchec

951 So. 2d 1026, 2007 Fla. App. LEXIS 4585, 2007 WL 911838

District Court of Appeal of Florida | Filed: Mar 28, 2007 | Docket: 64849771

Published

to the nature of the matter to be noticed. See § 90.204(1), Fla. Stat. (2006). The affidavits had been

Scripps Research Institute, Inc. v. Scripps Research Institute

916 So. 2d 988, 2005 Fla. App. LEXIS 20275, 2005 WL 3533693

District Court of Appeal of Florida | Filed: Dec 28, 2005 | Docket: 64841423

Published

opportunity to be heard are still required. See § 90.204(1), Fla. Stat. In the instant case, TSRI California

Jones v. State

895 So. 2d 1246, 2005 Fla. App. LEXIS 2654, 30 Fla. L. Weekly Fed. D 631

District Court of Appeal of Florida | Filed: Mar 4, 2005 | Docket: 64836568

Published

been given notice and opportunity to dispute. § 90.204, Fla. Stat. (2003).

Dechaine v. State

705 So. 2d 1070, 1998 Fla. App. LEXIS 1681, 1998 WL 69420

District Court of Appeal of Florida | Filed: Feb 23, 1998 | Docket: 64778854

Published

court’s taking judicial notice of the matter. See § 90.204, Fla. Stat. (1997); *1071see also Mininni v. Gillum

Kunen v. Department of Business & Professional Regulation

642 So. 2d 60, 1994 Fla. App. LEXIS 8375, 1994 WL 454875

District Court of Appeal of Florida | Filed: Aug 24, 1994 | Docket: 64750624

Published

First, it was not validly noticed pursuant to § 90.204, Fla.Stat. (1993). Second, even if validly noticed

Oelrich v. De La Puente

634 So. 2d 710, 1994 Fla. App. LEXIS 2560, 1994 WL 76446

District Court of Appeal of Florida | Filed: Mar 15, 1994 | Docket: 64747395

Published

did not comply with the notice provisions of section 90.204(1), Florida Statutes (1991), even if those

State v. Brown

577 So. 2d 704, 1991 Fla. App. LEXIS 3199, 1991 WL 50130

District Court of Appeal of Florida | Filed: Apr 10, 1991 | Docket: 64657940

Published

other information was in contravention of section 90.-204(3), Florida Statutes (1989). That section requires

Jacksonville Electric Authority v. Department of Revenue

486 So. 2d 1350, 11 Fla. L. Weekly 760, 1986 Fla. App. LEXIS 7057

District Court of Appeal of Florida | Filed: Mar 31, 1986 | Docket: 64618755

Published

the court on its own motion, consistent with section 90.204. We next turn our attention to the effect of

Block v. State

437 So. 2d 792, 1983 Fla. App. LEXIS 21688

District Court of Appeal of Florida | Filed: Sep 16, 1983 | Docket: 64599504

Published

scrupulously follow the procedural requirements of section 90.204, Florida Statutes (1981), for taking judicial

Sanders v. Inversiones Varias, S.A.

436 So. 2d 1089, 1983 Fla. App. LEXIS 22800

District Court of Appeal of Florida | Filed: Sep 6, 1983 | Docket: 64599254

Published

procedure set out in either Section 90.203 or Section 90.204, Florida Statutes (1981). R.A. v. State, 400

Powell v. Powell

433 So. 2d 1374, 1983 Fla. App. LEXIS 19851

District Court of Appeal of Florida | Filed: Jul 13, 1983 | Docket: 64598080

Published

opportunity to review or challenge it, violates Section 90.204(3), Florida Statutes (1981) and Section 61

Rodriguez v. Philip

413 So. 2d 441, 1982 Fla. App. LEXIS 20005

District Court of Appeal of Florida | Filed: May 4, 1982 | Docket: 64589683

Published

notice and to the nature of the matter noticed.”2 § 90.204, Fla.Stat. (1979). See generally R. A. v. State

R. A. v. State

400 So. 2d 1059, 1981 Fla. App. LEXIS 20602

District Court of Appeal of Florida | Filed: Jul 21, 1981 | Docket: 64583834

Published

enable it to take judicial notice of the matter.” § 90.204, Fla.Stat. (1979), provides: “Determination of