New Section Allows for Judicial Notice of Information

On July 1, 2022, the Florida Supreme Court adopted new section 90.2035 to the Florida Evidence Code. This new section allows for judicial notice of information taken from web mapping services, global satellite imaging sites, or Internet mapping tools. While the long-term effects of this new provision in the Florida Evidence Code have yet to be determined, it is clear that the use of satellite imagery in conjunction with litigation will increase. Furthermore, Fla. Stat. 90.2035 codifies the rebuttable presumption that the information sought to be judicially noticed, 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. There is a lot of high-quality commercial imagery available, some of it for free. For instance, DigitalGlobe has an Open Data Program that supplies high-resolution imagery for disaster relief. This imagery may be helpful as a source of post-loss imagery for flood or hurricane claims. This new evidence section is an area where a lot of new laws will be made with regard to admissibility, and how far can the use of mensuration tools be used on these image products and still have the court take judicial notice. If the use of space-based imaging is something you see as useful on claims you are managing, Scarborough Attorneys at Law have the background and experience to employ this new evidence code section, especially related to First Party Property insurance claims.