Florida Statute 90.304 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.304

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.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.

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F.S. 90.304 on CourtListener

Amendments to 90.304

Annotations, Discussions, Cases:

Cases Citing Statute 90.304

Total Results: 37

Owens v. Publix Supermarkets, Inc.

802 So. 2d 315, 2001 WL 1423221

Supreme Court of Florida | Filed: Nov 15, 2001 | Docket: 1332804

Cited 121 times | Published

one affecting the burden of proof pursuant to section 90.304, Florida Statutes (2000). As we explained in

Beal Bank, SSB v. Almand and Associates

780 So. 2d 45, 26 Fla. L. Weekly Supp. 106, 2001 Fla. LEXIS 408, 2001 WL 197031

Supreme Court of Florida | Filed: Mar 1, 2001 | Docket: 1298410

Cited 73 times | Published

presumption affecting the burden of proof pursuant to section 90.304, Florida Statutes (2000), thus shifting the

DEPT. OF AGR. & CONSUMER SERV. v. Bonanno

568 So. 2d 24, 1990 WL 141444

Supreme Court of Florida | Filed: Sep 27, 1990 | Docket: 1526662

Cited 29 times | Published

disappears and the jury is not told of it. Section 90.304, Florida Statutes (1987), defines the second

Jennings v. Dade County

589 So. 2d 1337, 1991 WL 147816

District Court of Appeal of Florida | Filed: Dec 17, 1991 | Docket: 1440806

Cited 24 times | Published

contact, a presumption arises, pursuant to section 90.304, Florida Statutes (1989), that the contact

Jennings v. Dade County

589 So. 2d 1337, 1991 WL 147816

District Court of Appeal of Florida | Filed: Dec 17, 1991 | Docket: 1440806

Cited 24 times | Published

contact, a presumption arises, pursuant to section 90.304, Florida Statutes (1989), that the contact

Bystrom v. EQUITABLE LIFE ASSUR. SOC., ETC.

416 So. 2d 1133

District Court of Appeal of Florida | Filed: Mar 31, 1982 | Docket: 1224667

Cited 20 times | Published

stated above. The Law Revision Council Note to Section 90.304, Florida Statutes Annotated (1976) includes

Universal Insurance Co. of North America v. Warfel

82 So. 3d 47, 37 Fla. L. Weekly Supp. 50, 2012 WL 224104, 2012 Fla. LEXIS 195

Supreme Court of Florida | Filed: Jan 26, 2012 | Docket: 60306224

Cited 15 times | Published

at 137 n. 2.1 Universal also moved to apply section 90.304, Florida Statutes (2007), and requested that

Department of Transp., Div. of Admin. v. Jirik

498 So. 2d 1253, 11 Fla. L. Weekly 636

Supreme Court of Florida | Filed: Dec 11, 1986 | Docket: 1699748

Cited 15 times | Published

of the action. Law Revision Council Note-1976, § 90.304, Fla. Stat. (1979). They are "expressions of experience"

Hlad v. State

565 So. 2d 762, 1990 WL 98751

District Court of Appeal of Florida | Filed: Jul 19, 1990 | Docket: 1403851

Cited 9 times | Published

substantive law used to implement public policy (see § 90.304, Fla. Stat.) The presumption that a judgment of

Hack v. Janes

878 So. 2d 440, 2004 WL 1584910

District Court of Appeal of Florida | Filed: Jul 16, 2004 | Docket: 760106

Cited 7 times | Published

1990) (Barkett, J., concurring specially). Section 90.304 provides that rebuttable presumptions not included

Regions Bank v. Hyman

91 F. Supp. 3d 1234, 2015 U.S. Dist. LEXIS 28654, 2015 WL 1033915

District Court, M.D. Florida | Filed: Mar 7, 2015 | Docket: 64300911

Cited 6 times | Published

one affecting the burden of proof pursuant to section 90.304, F.S. (2000), shifting to the creditor the

In Re Estate of Combee

601 So. 2d 1165, 1992 WL 110897

Supreme Court of Florida | Filed: May 28, 1992 | Docket: 371904

Cited 6 times | Published

shifts the burden of proof to the estate under section 90.304, Florida Statutes (1987), and increases the

INS. CO. OF ST., PA v. Estate of Guzman

421 So. 2d 597

District Court of Appeal of Florida | Filed: Oct 13, 1982 | Docket: 1157495

Cited 5 times | Published

affecting the burden of producing evidence. Section 90.304, Florida Statutes (1979), provides: In civil

Delta Property Management v. Profile Investments, Inc.

830 So. 2d 867, 2002 Fla. App. LEXIS 14786, 2002 WL 31293886

District Court of Appeal of Florida | Filed: Oct 14, 2002 | Docket: 471364

Cited 3 times | Published

are rebuttable presumptions codified under section 90.304, Florida Statutes, which affect the burden

Ferguson v. Williams

566 So. 2d 9, 1990 WL 107819

District Court of Appeal of Florida | Filed: Jul 31, 1990 | Docket: 2512310

Cited 3 times | Published

creates a rebuttable presumption, as defined by § 90.304, that the alleged father is the biological father

Warfel v. Universal Insurance Co. of North America

36 So. 3d 136, 2010 Fla. App. LEXIS 6572, 2010 WL 1874367

District Court of Appeal of Florida | Filed: May 12, 2010 | Docket: 1639037

Cited 2 times | Published

also asked the trial court to determine that section 90.304, Florida Statutes (2007), allowed a jury instruction

D'AQUISTO v. Costco Wholesale Corp.

816 So. 2d 1231, 2002 Fla. App. LEXIS 7630, 2002 WL 1071437

District Court of Appeal of Florida | Filed: May 31, 2002 | Docket: 1753442

Cited 2 times | Published

one affecting the burden of proof pursuant to section 90.304, Florida Statutes (2000).... Thus, when evidence

Martin v. State

711 So. 2d 117, 1998 WL 204811

District Court of Appeal of Florida | Filed: Apr 29, 1998 | Docket: 1700605

Cited 2 times | Published

affecting the burden of producing evidence." [6] See § 90.304, Fla. Stat. (1997), which provides: "In civil

City of Jacksonville v. Ratliff

217 So. 3d 183, 2017 Fla. App. LEXIS 5201

District Court of Appeal of Florida | Filed: Apr 13, 2017 | Docket: 60265664

Cited 1 times | Published

later codified in the Florida Evidence Code, as section 90,304, Florida Statutes. . If a claimant has evidence

Gross v. Zimmerman

197 So. 3d 1248, 2016 Fla. App. LEXIS 12070, 2016 WL 4205345

District Court of Appeal of Florida | Filed: Aug 10, 2016 | Docket: 60256186

Cited 1 times | Published

presumption defined by section 90.304, a 'presumption affectirig .the burden of proof. See § 90.304, Fla. Stat.

Syngenta Seeds, Inc. v. Wingate (In Re Wingate)

377 B.R. 687, 21 Fla. L. Weekly Fed. B 67, 2006 Bankr. LEXIS 4458, 2006 WL 4927306

United States Bankruptcy Court, M.D. Florida | Filed: Jun 15, 2006 | Docket: 1103650

Cited 1 times | Published

presumption affecting the burden of proof pursuant to section 90.304, Florida Statutes (2000), thus shifting the

Caputo v. Nouskhajian

871 So. 2d 266, 2004 Fla. App. LEXIS 3505, 2004 WL 533555

District Court of Appeal of Florida | Filed: Mar 19, 2004 | Docket: 64829956

Cited 1 times | Published

shifts the burden of proof to the estate under section 90.304, Florida Statutes (1987), and increases the

In Re Estate of Combee

583 So. 2d 708, 1991 WL 115609

District Court of Appeal of Florida | Filed: Jun 28, 1991 | Docket: 1684264

Cited 1 times | Published

shifts the burden of proof to the estate under section 90.304, Florida Statutes (1987), and increases the

Jones v. Crawford

552 So. 2d 926, 1989 WL 77496

District Court of Appeal of Florida | Filed: Jul 13, 1989 | Docket: 1663630

Cited 1 times | Published

95 percent, a rebuttable presumption under Section 90.304, Florida Statutes (1987), arises. In Caldwell

James Walsh, Attorney Ad Litem, on Behalf of A.K.P., a Minor Child, and Statewide Guardian Ad Litem Office v. Department of Children and Families

District Court of Appeal of Florida | Filed: Sep 4, 2024 | Docket: 69127385

Published

a presumption “affecting the burden of proof.” § 90.304, Fla. Stat. (2023). As discussed in Love, amendments

LOUMPOS v. RAYMOND JAMES & ASSOCIATES, INC., BANK ONE

District Court of Appeal of Florida | Filed: Aug 2, 2024 | Docket: 69009377

Published

affecting the burden of proof pursuant to section 90.304, Florida Statutes (2000), thus shifting

STEFANO VERSACE v. URUVEN, LLC

District Court of Appeal of Florida | Filed: Oct 12, 2022 | Docket: 65417132

Published

affecting the burden of proof pursuant to section 90.304, Florida Statutes (2000), thus shifting

Jensen v. Anderson (In re Anderson)

561 B.R. 230

United States Bankruptcy Court, M.D. Florida | Filed: Oct 6, 2016 | Docket: 65789320

Published

affecting the burden of proof pursuant to- section 90.304, Florida Statutes (2000), thus shifting the

Thomasena Mitchell v. Miami Dade County aka MDPD (Intracoastal) etc.

186 So. 3d 65

District Court of Appeal of Florida | Filed: Feb 28, 2016 | Docket: 3039863

Published

presumptions affecting the production'of evidence. Section 90.304, Florida Statutes, provides “[i]n civil actions

Bridgeview Bank Group v. Callaghan

84 So. 3d 1154, 2012 WL 1020044, 2012 Fla. App. LEXIS 4856

District Court of Appeal of Florida | Filed: Mar 28, 2012 | Docket: 60306608

Published

presumption affecting the burden of proof pursuant to section 90.304, Florida Statutes (2000), thus shifting the

Amendments to the Florida Probate Rules

848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

affecting the burden of producing evidence defined. § 90.304, Fla. Stat. Presumption affecting the burden of

Farmer v. Walker

601 So. 2d 1165, 17 Fla. L. Weekly Supp. 297, 1992 Fla. LEXIS 979

Supreme Court of Florida | Filed: May 28, 1992 | Docket: 64668770

Published

shifts the burden of proof to the estate under section 90.304, Florida Statutes (1987), and increases the

Jennings v. Dade County

589 So. 2d 1345

District Court of Appeal of Florida | Filed: Aug 6, 1991 | Docket: 64663468

Published

contact, a presumption arises, pursuant to section 90.304, Florida Statutes (1989), that the contact

Walker v. Farmer

583 So. 2d 708, 1991 Fla. App. LEXIS 6106

District Court of Appeal of Florida | Filed: Jun 28, 1991 | Docket: 64660637

Published

shifts the burden of proof to the estate under section 90.304, Florida Statutes (1987), and increases the

City of Delray Beach v. Barfield

579 So. 2d 315, 1991 Fla. App. LEXIS 4482, 1991 WL 77659

District Court of Appeal of Florida | Filed: May 8, 1991 | Docket: 64658631

Published

45-day presumption is of the kind covered by section 90.304, Fla.Stat. (1989). Such presumptions in Florida

In re Estate of Davis

428 So. 2d 774, 1983 Fla. App. LEXIS 19419

District Court of Appeal of Florida | Filed: Mar 30, 1983 | Docket: 64595892

Published

affecting the burden of producing evidence. Section 90.304 provides: Presumption affecting the burden

Bystrom v. Equitable Life Assurance Society of United States

416 So. 2d 1133, 1982 Fla. App. LEXIS 20620

District Court of Appeal of Florida | Filed: Mar 31, 1982 | Docket: 64591251

Published

stated above. The Law Revision Council Note to Section 90.-304, Florida Statutes Annotated (1976) includes