In Re: Amendments to The Florida Evidence Code - 2019 Regular-Cycle Report , 270 So. 3d 314 ( 2019 )

Supreme Court of Florida
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No. SC19-105
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IN RE: AMENDMENTS TO THE FLORIDA EVIDENCE CODE - 2019
REGULAR-CYCLE REPORT.
May 2, 2019
PER CURIAM.
We have for consideration the regular-cycle report of The Florida Bar Code
and Rules of Evidence Committee (Committee), pertaining to legislative changes
to the Florida Evidence Code. See Ch. 2014-35, § 2, Laws of Fla. We have
jurisdiction. 1
The amendments before this Court are those enacted by the Florida
Legislature prior to the Court having last considered regular-cycle amendments to
the Evidence Code. See In re Amends. to the Fla. Evidence Code, 210 So. 3d 1231
(Fla. 2017). The Committee recommends that the Court adopt chapter 2014-35,
section 2, Laws of Florida, which amended section 90.204, Florida Statutes, a
1. See art. V, § 2(a), Fla. Const.; Fla. R. Jud. Adm. 2.140(b).
provision of the Evidence Code. The Board of Governors of The Florida Bar
unanimously approved the Committee’s recommendations. The proposed
amendments were published for comment in The Florida Bar News; none were
received.
The Legislature amended section 90.204(4) in chapter 2014-35, section 2,
Laws of Florida. The statute, in general, pertains to matters which may be
judicially noticed. Subsection (4) provides as follows:
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.
§ 90.204(4). 2 Thus, in family cases, 3 the court may take judicial notice of any
record of any court of this State or of any court of record of the United States or
2. We note that Florida Family Law Rule of Procedure 12.4501 (Judicial
Notice) was adopted previously in response to section 90.204(4), and is identical in
content to the statutory provision. See In re Amends. to Fla. Family Law Rules of
Proc.—2017 Regular-Cycle Report, 227 So. 3d 115, 116-17, 119 (Fla. 2017).
3. The statute provides that “family cases” has the same definition as
provided in the Florida Rules of Judicial Administration, specifically rule
2.545(d)(2).
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any state, territory, or jurisdiction of the United States, when imminent danger has
been alleged and it is impractical to give prior notice of such to the parties. See id.;
§ 90.202(6).
Based upon the foregoing, we adopt chapter 2014-35, section 2, Laws of
Florida, as provided in the appendix to this opinion, to the extent that the provision
is procedural. This decision does not alter the established effective date of chapter
2014-35, section 2, Laws of Florida, which is May 12, 2014.4
It is so ordered.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, LAGOA, LUCK, and
MUÑIZ, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE
EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceedings – Florida Bar Code and Rules of Evidence Committee
Patricia M. Dodson, Chair, Code and Rules of Evidence Committee, Ponte Vedra,
Florida; and Joshua E. Doyle, Executive Director, and Mikalla Andies Davis, Staff
Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner
4. See ch. 2014-35, § 7, Laws of Fla.
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APPENDIX
Chapter 2014-35, section 2:
90.204. Determination of Propriety of Judicial Notice and Nature of Matter
Noticed.—
(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.
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