CopyCited 29 times | Published | Supreme Court of Florida | 1990 WL 141444
...ct shall be determined from the evidence without regard to the presumption; or (2) A presumption affecting the burden of proof that imposes upon the party against whom it operates the burden of proof concerning the nonexistence of the presumed fact. Section 90.303, Florida Statutes (1987), defines the former type of rebuttable presumption: In a civil action or proceeding, unless otherwise provided by statute, a presumption established primarily to facilitate the determination of the particular a...
...Once evidence rebutting the presumption is introduced, the presumption disappears and the jury is not told of it. Section
90.304, Florida Statutes (1987), defines the second type of rebuttable presumption: In civil actions, all rebuttable presumptions which are not defined in s.
90.303 are presumptions affecting the burden of proof....
...1984) (e.g., presumptions of the validity of marriage, sanity in civil cases, legitimacy of a child born in wedlock, the correctness of judgments). The presumptions set forth in chapter 89-91 do not promote any overall social policy. We find that these presumptive value schedules fit the definition in section 90.303 of presumptions affecting the burden of production, which does not relieve the state of the burden of proof on value when the citrus owner introduces credible evidence of value....
CopyCited 15 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 50, 2012 WL 224104, 2012 Fla. LEXIS 195
...The experts for Universal, each affiliated with SD II, concluded that sinkhole activity did not damage the home. See id. Throughout the trial, Warfel repeatedly asserted that the presumption created in section
627.7073(l)(c) was a “vanishing” or “bursting bubble” presumption governed by section
90.303, Florida Statutes (2005), whereas Universal contended that the presumption in that statute should be governed by section
90.304 because it implements public policy relating to a sinkhole insurance crisis....
...Further, the court certified the following question to this Court as one of great public importance: DOES THE LANGUAGE OF SECTION
627.7073(1)(C) CREATE A PRESUMPTION AFFECTING THE BURDEN OF PROOF UNDER SECTION
90.304 OR DOES THE LANGUAGE CREATE A PRESUMPTION AFFECTING THE BURDEN OF PRODUCING EVIDENCE UNDER SECTION
90.303? Id....
...applied, rather than to implement public policy, is a presumption affecting the burden of producing evidence. Section
90.304 Presumption affecting the burden of proof defined.— In civil actions, all rebuttable presumptions which are not defined in section
90.303 are presumptions affecting the burden of proof....
...Stat. (2011). The Florida Evidence Code essentially adopted the California approach to presumptions. Presumptions “established primarily to facilitate the determination of the particular action in which the presumption is applied” were governed by section 90.303 and followed the Thayer-Wigmore approach....
...the Morgan-McCormick view. In Department of Agriculture & Consumer Services v. Bonanno,
568 So.2d 24 (Fla.1990), this Court articulated the difference between the two types of presumptions as defined by the Florida Evidence Code. With regard to section
90.303 presumptions, this Court stated that “[t]his type of presumption is commonly referred to as a vanishing presumption, or a ‘bursting bubble’ presumption....
...1984) (e.g., presumptions of the validity of marriage, sanity in civil cases, legitimacy of a child born in wedlock, the correctness of judgments). Id. at 31-32 (emphasis supplied). Although not stated explicitly, in Bonanno this Court confirmed that section
90.303 was representative of the Thayer-Wig-more approach and section
90.304 of the Morgan-McCormick view, and that the Florida Evidence Code embraced California’s system of handling presumptions....
...See Recchi Am. Inc. v. Hall,
692 So.2d 153, 154 (Fla.1997) (articulating the test for determining the constitutionality of a conclusive presumption). In the absence of clear statutory language to the contrary, statutory presumptions are governed by section
90.303....
...Hughes, Florida Evidence Manual § 57 (1975)). Accordingly, in the absence of express language in the statute, a clear intent to advance a particular social policy, or a specific reference to a different approach, the Thayer-Wigmore rule, codified under Florida law section 90.303, governs in Florida....
...and increases the burden to the clear and convincing standard.” Combee,
583 So.2d at 711 (citing Slomowitz v. Walker,
429 So.2d 797 (Fla. 4th DCA 1983)). Although the Second District in that case did not conduct an analysis with regard to whether section
90.303 or section
90.304 governed the presumption in question, it is clear on the face of the statute involved there that the Legislature intended section
90.304 to apply....
...The Legislature explicitly stated in that statute that the presumption did not disappear in light of evidence to the contrary, instead requiring “clear and convincing proof of a contrary intent.” § 658.56(2), Fla. Stat. (1987) repealed by Laws of Fla. 1992 ch. 92-303, § 189. Accordingly, section 90.303, which requires the presumption to disappear if sufficient evidence to the contrary is presented, would contradict the “clear and convincing” standard employed in section 658.56....
...71-205, § 1, Laws of Fla. Further, the stability of the banking industry and accounts were involved. The facts presently before the Court are clearly distinguishable from Combee for two distinct reasons. First, unlike the statute in Combee, the application of section
90.303 to section
627.7073(l)(c) does not contradict the plain language of the statute....
...s a claim to the contrary bears the “burden of proof.” Here, the Legislature did not expressly provide a directive with regard to whether it intended the presumption to be one affecting the burden of producing evidence, and therefore governed by section
90.303, or one affecting the burden of proof, governed by section
90.304....
...Here, Universal filed a pretrial motion to establish the applicability of section
90.304 and War-fel filed a response and objected to that position. At a pretrial hearing, Warfel articulated his opposition to the application of section
90.304 to this case, and explicitly urged the court to adopt section
90.303....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2004 WL 1584910
...is established, some other fact at issue ... must be deemed true, at least provisionally.'" State v. Rolle,
560 So.2d 1154, 1159 (Fla.1990) (Barkett, J., concurring specially). Section
90.304 provides that rebuttable presumptions not included within the definition of section
90.303, i.e., presumptions that implement public policy rather than being established primarily as procedural devises, are presumptions affecting the burden of proof or the burden of persuasion....
...ct shall be determined from the evidence without regard to the presumption; or (2) A presumption affecting the burden of proof that imposes upon the party against whom it operates the burden of proof concerning the nonexistence of the presumed fact. 90.303....
...umption is applied, rather than to implement public policy, is a presumption affecting the burden of producing evidence.
90.304. Presumption affecting the burden of proof defined In civil actions, all rebuttable presumptions which are not defined in s.
90.303 are presumptions affecting the burden of proof....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...ve retreated from the notion that a presumption always shifts the burden of proof. Id. at 566-67 (footnote omitted). 3. Florida's Code of Evidence generally follows that of California in this area of discussion; and the important point to me is that Section 90.303, Florida Statutes (1976), [5] plainly provides that those presumptions involving public policy affect the burden of proof, i.e., they are non-vanishing....
...en of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of nonpersuasion, which remains throughout the trial upon the party on whom it was originally cast. [5] Section 90.303 provides: Presumption affecting the burden of producing evidence defined....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 6572, 2010 WL 1874367
...Throughout the trial court proceedings, Mr. Warfel argued that the section
627.7073(1)(c) presumption was a "vanishing" or "bursting bubble" presumption, a presumption affecting the burden of producing evidence but not one shifting the burden of proof to him. See §§
90.302(1), [5]
90.303....
...e court as one of great public importance: DOES THE LANGUAGE OF SECTION
627.7073(1)(C) CREATE A PRESUMPTION AFFECTING THE BURDEN OF PROOF UNDER SECTION
90.304 OR DOES THE LANGUAGE CREATE A PRESUMPTION AFFECTING THE BURDEN OF PRODUCING EVIDENCE UNDER SECTION
90.303....
...ting the burden of proof or one that merely vanished once countervailing evidence was adduced. I contend that because the statutory sections at issue in the case were enacted to advance social or public policy, a burden-shifting presumption applies. Section 90.303, Florida Statutes (2005), provides: Presumption affecting the burden of producing evidence defined.In a civil action or proceeding, unless otherwise provided by statute, a presumption established primarily to facilitate the determina...
...nt public policy, is a presumption affecting the burden of producing evidence. (Emphasis added.) Section
90.304 then provides: Presumption affecting the burden of proof defined.In civil actions, all rebuttable presumptions which are not defined in s.
90.303 are presumptions affecting the burden of proof....
...further. [3] The legislature made minor changes to section
627.7073(1)(c) in 2006, none of which are relevant here. [4]
90.304 Presumption affecting the burden of proof defined.In civil actions, all rebuttable presumptions which are not defined in s.
90.303 are presumptions affecting the burden of proof....
...hall be determined from the evidence without regard to the presumption; or (2) A presumption affecting the burden of proof that imposes upon the party against whom it operates the burden of proof concerning the nonexistence of the presumed fact. [6] 90.303 Presumption affecting the burden of producing evidence defined.In a civil action or proceeding, unless otherwise provided by statute, a presumption established primarily to facilitate the determination of the particular action in which the p...
CopyPublished | Florida 1st District Court of Appeal
...sumptions because
they vanish once evidence rebutting them is introduced. See Universal Ins. Co. of
N. Am. v. Warfel,
82 So. 3d 47, 54 (Fla. 2012). See also Punsky v. Clay Cty.
Sheriff’s Office,
18 So. 3d 577, 581 (Fla. 1st DCA 2009) (en banc). Section
90.303,
Florida Statutes, explains that presumptions intended to facilitate the finding that a
particular action occurred, as opposed to implementing public policy, are
4
presumptions affecting the production of evidence. Section
90.304, Florida Statutes,
provides “[i]n civil actions, all rebuttable presumptions which are not defined in
section
90.303 are presumptions affecting the burden of proof.” As recognized
in Punsky, this latter type is the nature of the presumption provided by section
112.18....
...ion:
In Department of Agriculture & Consumer Services v. Bonanno,
568
So. 2d 24 (Fla. 1990), this Court articulated the difference between the
two types of presumptions as defined by the Florida Evidence Code.
With regard to
90.303 presumptions, this Court stated that ‘[t]his type
of presumption is commonly referred to as a vanishing presumption, or
a ‘bursting bubble’ presumption....
