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Florida Statute 90.301 | Lawyer Caselaw & Research
F.S. 90.301 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 90.301

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.301
90.301 Presumption defined; inferences.
(1) For the purposes of this chapter, a presumption is an assumption of fact which the law makes from the existence of another fact or group of facts found or otherwise established.
(2) Except for presumptions that are conclusive under the law from which they arise, a presumption is rebuttable.
(3) Nothing in this chapter shall prevent the drawing of an inference that is appropriate.
(4) Sections 90.301-90.304 are applicable only in civil actions or proceedings.
History.s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 5, 22, ch. 78-361; ss. 1, 2, ch. 78-379.

F.S. 90.301 on Google Scholar

F.S. 90.301 on Casetext

Amendments to 90.301


Arrestable Offenses / Crimes under Fla. Stat. 90.301
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.301.



Annotations, Discussions, Cases:

Cases from cite.case.law:

In ESTATE OF E. MURPHY. v. E. R. III, R. II,, 184 So. 3d 1221 (Fla. Dist. Ct. App. 2016)

. . . Specifically, section 90.301(1), Florida Statutes (2006), defines a presumption as “an assumption of . . . or confidential relationships and is therefore a presumption shifting the burden of proof under ss. 90.301 . . . (“The 2002 amendment to section 733.107, adding subsection 2, was intended to incorporate sections 90.301 . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL CASES- REPORT NO. PRODUCTS LIABILITY, 160 So. 3d 869 (Fla. 2015)

. . . 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. . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL CASES- REPORT NO. PRODUCTS LIABILITY, 91 So. 3d 785 (Fla. 2012)

. . . See F.S. 90.301-90.304. . . .

UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA, v. WARFEL,, 82 So. 3d 47 (Fla. 2012)

. . . statutes, which have remained essentially unchanged during the last thirty-five years, provide: Section 90.301 . . . Nothing in this chapter shall prevent the drawing of an inference that is appropriate. (4) Sections 90.301 . . . presumptions which are not defined in section 90.303 are presumptions affecting the burden of proof. §§ 90.301 . . . confidential relationships and is therefore a presumption shifting the burden of proof under sections 90.301 . . .

STOKES, v. SCHINDLER ELEVATOR CORP. BROADSPIRE,, 60 So. 3d 1110 (Fla. Dist. Ct. App. 2011)

. . . make factual findings and may draw reasonable inferences from the evidence in determining facts); § 90.301 . . .

GOLDEN YACHTS, INC. v. HALL,, 920 So. 2d 777 (Fla. Dist. Ct. App. 2006)

. . . .” § 90.301(3), Fla. Stat. (2004). . . .

STATE v. SANDERS,, 905 So. 2d 241 (Fla. Dist. Ct. App. 2005)

. . . 4)(a), it actually intended to create a rebuttable presumption similar to that described in section 90.301 . . . (1), (2), of the Florida Evidence Code, see § 90.301, Fla. . . . Stat. (2003), and not a simple inference similar to that described by section 90.301(3) of the Florida . . . Pursuant to section 90.301(4), the Florida Evidence Code’s provisions regarding presumptions and inferences . . .

TABB, TABB, a v. FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION M. D. d b a, 880 So. 2d 1253 (Fla. Dist. Ct. App. 2004)

. . . any appeal therefrom with respect to whether such injury is a birth-related neurological injury. . 90.301 . . . Nothing in this chapter shall prevent the drawing of an inference that is appropriate. (4) Sections 90.301 . . .

W. HACK, v. A. JANES,, 878 So. 2d 440 (Fla. Dist. Ct. App. 2004)

. . . .” § 90.301, Fla. Stat. (2002). . . . confidential relationships and is therefore a presumption shifting the burden of proof under sections 90.301 . . . The 2002 amendment to section 733.107, adding subsection 2, was intended to incorporate sections 90.301 . . . Sections 90.301 through 90.304 provide: 90.301. . . . Nothing in this chapter shall prevent the drawing of an inference that is appropriate. (4) Sections 90.301 . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . confidential relationships and is therefore a presumption shifting the burden of proof under sections 90.301 . . . Statutory References § 90.301, Fla. Stat. Presumption defined; inferences. § 90.302, Fla. Stat. . . .

WHITEAKER, a By PARKER, v. GILREATH,, 734 So. 2d 1105 (Fla. Dist. Ct. App. 1999)

. . . Section 90.301(3), Florida Statutes (1997), provides that nothing in the Evidence Code will prevent the . . .

DON KING PRODUCTIONS, INC. v. CHAVEZ, L. P., 717 So. 2d 1094 (Fla. Dist. Ct. App. 1998)

. . . However, section 90.301(2) of the Florida Evidence Code provides the legislatively enacted rule that . . .

MARTIN, v. STATE, 711 So. 2d 117 (Fla. Dist. Ct. App. 1998)

. . . . § 90.301(4), Fla. Stat. (1997). . . .

LIBERTY MUTUAL INSURANCE COMPANY, INC. v. M. LEDFORD L., 691 So. 2d 1164 (Fla. Dist. Ct. App. 1997)

. . . (describing a statutorily created conclusive presumption recognized under section 90.301 of .Florida’ . . .

O NEIL, v. WAL- MART STORES, INC., 602 So. 2d 1342 (Fla. Dist. Ct. App. 1992)

. . . See also Fla.R.Civ.P. 1.442(h); § 90.301, Fla.Stat. (1987). . . .

BURNS, v. ROBBINS,, 44 Fla. Supp. 2d 199 (Fla. Cir. Ct. 1990)

. . . See §§ 90.301(2) and 90.302, Fla. . . .

HLAD, Jr. v. STATE, 565 So. 2d 762 (Fla. Dist. Ct. App. 1990)

. . . Section 90.301(1), Florida Statutes, defines a presumption as “an assumption of fact which the law makes . . . embodied in the Model Code of Evidence and adopted in six legislated evidence codes, including section 90.301 . . .

STATE v. ROLLE,, 560 So. 2d 1154 (Fla. 1990)

. . . ." § 90.301(1), Fla.Stat. (1987). . . .

TOMLINSON, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 558 So. 2d 62 (Fla. Dist. Ct. App. 1990)

. . . . § 90.301(1), Fla.Stat. (1987). . . .

IN RE ADOPTION OF P. M. J. M., 28 Fla. Supp. 2d 32 (Fla. Cir. Ct. 1988)

. . . regard to the presumed fact if this is a presumption effectuating public policy (See generally F.S. 90.301 . . .

FILLINGIM, v. BOONE,, 835 F.2d 1389 (11th Cir. 1988)

. . . Stat. 90.301(4). . . .

PUBLIC HEALTH TRUST OF DADE COUNTY, d b a v. VALCIN,, 507 So. 2d 596 (Fla. 1987)

. . . See § 90.301(3), Fla.Stat. (1985); J. . . .

FLORIDA CHAPTER OF SIERRA CLUB, a v. ORLANDO UTILITIES COMMISSION,, 436 So. 2d 383 (Fla. Dist. Ct. App. 1983)

. . . . § 90.301(2), Fla.Stat. (1981). . §§ 403.525, 403.527, Fla.Stat. (1981); Hopping, supra note 4, at 448 . . .