Legal Memorandum: Judicial Notice of a Matter in FL

Issue: Under Florida law, when may a court take judicial notice of a matter?

Florida Statute § 90.203 requires: “A court shall take judicial notice of any matter in s. 90.202 when a party requests it and: (1) Gives each adverse party timely written notice of the request, proof of which is filed with the court, to enable the adverse party to prepare to meet the request. (2) Furnishes the court with sufficient information to enable it to take judicial notice of the matter.” Id.; Rogers v. State, 413 So. 2d 1270, 1271 (Fla. Dist. Ct. App. 1^st Dist. 1982) (citing Fla. Stat. § 90.203).

It is noteworthy that the statute’s two prongs are not explicitly written in the conjunctive, though appellate courts have implicitly regarded it as such. See, e.g., Rogers v. State, 413 So. 2d 1270, 1271 (Fla. Dist. Ct. App. 1^st Dist. 1982) (citing Fla. Stat. § 90.203). 

In Rogers, the state charged the defendant with possession of a weapon by an inmate. Id. at 1271. The information recited verbatim the text of the Florida administrative rule relating to weapons possession. Id. The day before the trial, the state requested the trial court take notice of the rule. Id. The defendant objected, but the court allowed it, and the jury convicted him. Id. The court of appeals held:

Although Rogers asserts he was given inadequate notice of the prosecution’s intent to rely on Rule 33.306, Fla. Admin. Code, we find that Rogers was not prejudiced. Rogers had been furnished […]

margin-left:1.0in;margin-bottom:.0001pt;text-align:justify’>