Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. CS for SB 634
Ì560052rÎ560052
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/03/2022 .
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The Committee on Rules (Bradley) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 41 - 51
4 and insert:
5 (b) In civil cases, there is a rebuttable presumption that
6 information sought to be judicially noticed under this section
7 should be judicially noticed. The rebuttable presumption may be
8 overcome if the court finds by the greater weight of the
9 evidence that the information does not fairly and accurately
10 portray what it is being offered to prove or that it otherwise
11 should not be admitted into evidence under the Florida Evidence
12 Code.
13 (c) If the court overrules the objection, the court must
14 take judicial notice of the information and admit the
15 information into evidence.
16 (3) In criminal cases, the court must instruct the jury
17 that the jury may or may not accept the noticed facts as
18 conclusive.
19 (4) This section does not affect, expand, or limit
20
21 ================= T I T L E A M E N D M E N T ================
22 And the title is amended as follows:
23 Delete lines 11 - 13
24 and insert:
25 information; creating a rebuttable presumption in
26 civil cases that such information should be judicially
27 noticed unless certain findings are made; requiring
28 the court to instruct the jury that the jury may or
29 may not accept the noticed facts as conclusive in
30 criminal cases; providing construction;