The 2023 Florida Statutes (including Special Session C)
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. . . The presumption we adopt is a presumption affecting the burden of proof pursuant to- section 90.304, . . .
. . . presumption establishing the appropriate amount of child support is a presumption defined by section 90.304 . . . See § 90.304, Fla. Stat. (2014). . . .
. . . Section 90.304, Florida Statutes, provides “[i]n civil actions, all rebuttable presumptions which are . . . With regard to the presumption articulated in section 90.304, this -Court stated: When a presumption . . .
. . . confidential relationships and is therefore a presumption shifting the burden of proof under ss. 90.301-90.304 . . . 2002 amendment to section 733.107, adding subsection 2, was intended to incorporate sections 90.301-90.304 . . .
. . . See F.S. 90.301-90.304; Universal Insurance Co. of North America v. . . . See F.S. 90.301-90.304; Universal Insurance Co. of North America v. . . .
. . . further held that the presumption adopted is one affecting the burden of proof pursuant to section 90.304 . . . The presumption we adopt is a presumption affecting the burden of proof pursuant to section 90.304, F.S . . .
. . . penalty of perjury as specified by s. 92.525(2) shall create a rebuttable presumption, as defined by s. 90.304 . . .
. . . See F.S. 90.301-90.304. . . .
. . . “The presumption we adopt is a presumption affecting the burden of proof pursuant to section 90.304, . . .
. . . Universal also moved to apply section 90.304, Florida Statutes (2007), and requested that the jury be . . . Presumptions established to implement a particular public policy were governed by section 90.304 and . . . The Legislature had the opportunity to include language requiring the application of section 90.304, . . . Heim, 712 So.2d 1238, 1239 (Fla. 4th DCA 1998), the Fourth District held that section 90.304 governs . . . The application of section 90.304 to a presumption in banking relationships is not applicable here. . . .
. . . Universal also asked the trial court to determine that section 90.304, Florida Statutes (2007), allowed . . . Universal also contended that section 627.7073(l)(c) created a section 90.304 presumption because it . . . Moreover, the legislature knows how to create burden-shifting presumptions under section 90.304. . . . a rebuttable presumption and the legislature specifically provided that it was governed by section 90.304 . . . section 627.7073(l)(c) was to operate as a burden-shifting presumption under sections 90.302(2) or 90.304 . . . Section 90.304 then provides: Presumption affecting the burden of proof defined. — In civil actions, . . . Section 90.304 applies to presumptions implementing public policy and, therefore, applies in this case . . . points out that the legislature knows how to expressly create burden-shifting presumptions under section 90.304 . . .
. . . penalty of perjury as specified by s. 92.525(2), creates a rebuttable presumption, as defined by s. 90.304 . . .
. . . The presumption we adopt is a presumption affecting the burden of proof pursuant to section 90.304, Florida . . .
. . . in this chapter shall prevent the drawing of an inference that is appropriate. (4) Sections 90.301-90.304 . . .
. . . Section 90.304 provides that rebuttable presumptions not included within the definition of section 90.303 . . . as procedural devises, are presumptions affecting the burden of proof or the burden of persuasion. § 90.304 . . . 2002 amendment to section 733.107, adding subsection 2, was intended to incorporate sections 90.301-90.304 . . . specifically mandates that the presumption shifts the burden of proof under sections 90.301 through 90.304 . . . Sections 90.301 through 90.304 provide: 90.301. . . .
. . . exchange for the creation of a presumption which shifts the burden of proof to the estate under section 90.304 . . .
. . . confidential relationships and is therefore a presumption shifting the burden of proof under sections 90.301-90.304 . . . Presumption affecting the burden of producing evidence defined. § 90.304, Fla. Stat. . . .
. . . Ehrhardt, presumptions that implement public policy are rebuttable presumptions codified under section 90.304 . . .
. . . supreme court held that "[t]he presumption is one affecting the burden of proof pursuant to section 90.304 . . .
. . . The presumption is one affecting the burden of proof pursuant to section 90.304, Florida Statutes (2000 . . . Almand & Associates, 780 So.2d 45, 59 n. 20 (Fla.2001): Section 90.304 provides that "in civil actions . . .
. . . The presumption we adopt is a presumption affecting the burden of proof pursuant to section 90.304, Florida . . . 598 So.2d 225, 228 (Fla. 2d DCA 1992), to the extent it imposes a higher burden of proof. .Section 90.304 . . .
. . . statistical probability of paternity of 95 percent or more creates a rebuttable presumption, as defined by s. 90.304 . . .
. . . See §§ 90.302(2), 90.304, Fla: Stat. (1997). . . .
. . . held, a voluntary acknowledgment of paternity shall create a rebuttable presumption as defined by s. 90.304 . . .
. . . proceeding was held, a determination of patemily shall create a rebuttable presumption, as defined by s. 90.304 . . .
. . . exchange for the creation of a presumption which shifts the burden of proof to the estate under section 90.304 . . .
. . . that a quasi-judicial officer received an ex parte contact, a presumption arises, pursuant to section 90.304 . . . effect is presumed to be prejudicial unless the defendant proves the contrary by competent evidence. § 90.304 . . . . § 90.304, Fla.Stat. (1991); Department of Agriculture & Consumer Servs. v. . . .
. . . statute, however, creates a presumption which shifts the burden of proof to the estate under section 90.304 . . .
. . . entirely agree with appellee’s argument that the 45-day presumption is of the kind covered by section 90.304 . . .
. . . Furthermore, the officer ranked second on the promotional list had a total score of 90.304/100, whereas . . .
. . . statistical probability of paternity of 95 percent or more creates a rebuttable presumption, as defined by s. 90.304 . . .
. . . Section 90.304, Florida Statutes (1987), defines the second type of rebuttable presumption: In civil . . .
. . . Each of the two statutory definitions of presumptions (§§ 90.303 and 90.304, Fla.Stat.) are qualified . . . Morgan-McCormick-§ 90.302(2) presumption is a rule of substantive law used to implement public policy (see § 90.304 . . .
. . . statistical probability of paternity of 95 percent or more creates a rebuttable presumption, as defined by s. 90.304 . . .
. . . statistical probability of paternity of 95 percent or more creates a rebuttable presumption, as defined by s. 90.304 . . . probability of paternity equal to or greater than 95 percent, a rebuttable presumption under Section 90.304 . . . Florida Department of Administration, 372 So.2d 438 (Fla.1979), the Supreme Court held that Section 90.304 . . .
. . . Code 90.304) It would also appear that the operative presumption in this case is of the latter type. . . .
. . . Thus, the Court has cast upon the Whites the burden of proof in this issue in accordance with F.S. 90.304 . . .
. . . See also, §§ 90.303 and 90.304, Fla.Stat. (1985). . . .
. . . Law Revision Council Note-1976, § 90.304, Fla.Stat. (1979). . . .
. . . Section 90.304 provides: Presumption affecting the burden of proof defined. — In civil actions, all rebuttable . . .
. . . Section 90.304, Florida Statutes (1979), provides: In civil actions, all rebuttable presumptions which . . .
. . . .-302(2) and 90.304, Florida Statutes (1977), mandates the result stated above. . . . Consequently, even without the historical development of the law in Florida, Sections 90.302(2) and 90.304 . . . with respect to the appraiser, that even in the absence of deci-sional law, Sections 90.302(2) and 90.304 . . . Tuck, supra; §§ 90.302(2) and 90.304, Fla.Stat. (1977), supra. . . .