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Florida Statute 90.303 | Lawyer Caselaw & Research
F.S. 90.303 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 90.303

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.303
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 presumption is applied, rather than to implement public policy, is a presumption affecting the burden of producing evidence.
History.s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.

F.S. 90.303 on Google Scholar

F.S. 90.303 on Casetext

Amendments to 90.303


Arrestable Offenses / Crimes under Fla. Stat. 90.303
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.303.



Annotations, Discussions, Cases:

Cases from cite.case.law:

GROSS, v. ZIMMERMAN,, 197 So. 3d 1248 (Fla. Dist. Ct. App. 2016)

. . . that the rebuttable presumption estáblished by section 61.30(a) is a presumption defined by section 90.303 . . . See § 90.303, Fla. Stat, (2014). . . .

MITCHELL, v. MIAMI DADE COUNTY MDPD, 186 So. 3d 65 (Fla. Dist. Ct. App. 2016)

. . . Section 90.303, Florida Statutes, explains that presumptions intended to facilitate the finding that . . . Statutes, provides “[i]n civil actions, all rebuttable presumptions which are not defined in section 90.303 . . . With regard , to 90.303 presumptions, this Court stated that “[t]his type of presumption is commonly . . .

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

. . . . § 90.303. . . .

L. BROWN L. J. v. JOHNSON JOHNSON, PPC, a PPC, a PPC,, 64 F. Supp. 3d 717 (E.D. Pa. 2014)

. . . the absence of clear statutory language to the contrary, statutory provisions are governed by section 90.303 . . .

GUMBS- HEYLIGER, v. CMW AND ASSOCIATES CORPORATION,, 73 F. Supp. 3d 617 (D.V.I. 2014)

. . . specific reference to a different approach, the Thayer-Wigmore rule, codified under Florida law section 90.303 . . .

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

. . . OR DOES THE LANGUAGE CREATE A PRESUMPTION AFFECTING THE BURDEN OF PRODUCING EVIDENCE UNDER SECTION 90.303 . . . With regard to section 90.303 presumptions, this Court stated that “[t]his type of presumption is commonly . . . Although not stated explicitly, in Bonanno this Court confirmed that section 90.303 was representative . . . Accordingly, section 90.303, which requires the presumption to disappear if sufficient evidence to the . . . First, unlike the statute in Combee, the application of section 90.303 to section 627.7073(l)(c) does . . .

THORNE, v. DEPARTMENT OF CORRECTIONS, 36 So. 3d 805 (Fla. Dist. Ct. App. 2010)

. . . And even if the presumption did initially arise, it was a section 90.303 presumption and did not survive . . .

WARFEL, v. UNIVERSAL INSURANCE COMPANY OF NORTH AMERICA,, 36 So. 3d 136 (Fla. Dist. Ct. App. 2010)

. . . See §§ 90.302(1), 90.303. Additionally, Mr. . . . OR DOES THE LANGUAGE CREATE A PRESUMPTION AFFECTING THE BURDEN OF PRODUCING EVIDENCE UNDER SECTION 90.303 . . . burden of proof defined. — In civil actions, all rebuttable presumptions which are not defined in s. 90.303 . . . party against whom it operates the burden of proof concerning the nonexistence of the presumed fact. . 90.303 . . . Section 90.303, Florida Statutes (2005), provides: Presumption affecting the burden of producing evidence . . . burden of proof defined. — In civil actions, all re-buttable presumptions which are not defined in s. 90.303 . . .

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

. . . Section 90.304 provides that rebuttable presumptions not included within the definition of section 90.303 . . . party against whom it operates the burden of proof concerning the nonexistence of the presumed fact. 90.303 . . . the burden of proof defined In civil actions, all rebuttable presumptions which are not defined in s. 90.303 . . .

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

. . . . § 90.303, Fla. Stat. . . .

G. LEVIN, v. ETHAN ALLEN, INC., 823 So. 2d 132 (Fla. Dist. Ct. App. 2002)

. . . .”); § 90.303, Fla. . . .

W. HACK, v. ESTATE OF T. HELLING,, 811 So. 2d 822 (Fla. Dist. Ct. App. 2002)

. . . Ehrhardt, Florida Evidence §§ 303.1 and 304.1 (2001 ed.), citing § 90.303, Florida Statutes (the Evidence . . .

OWENS v. PUBLIX SUPERMARKETS, INC. v. B B, 802 So. 2d 315 (Fla. 2001)

. . . Section 90.304 provides that "in civil actions, all rebuttable presumptions which are not defined in s. 90.303 . . .

BEAL BANK, SSB, v. ALMAND AND ASSOCIATES,, 780 So. 2d 45 (Fla. 2001)

. . . Section 90.304 provides that "in civil actions, all rebuttable presumptions which are not defined in s. 90.303 . . .

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

. . . See § 90.303, Fla. . . . (1997), which provides: "In civil actions, all rebuttable presumptions which are not defined in s. 90.303 . . .

C. MASON, D. P. M. P. A. v. PORSCHE CARS OF NORTH AMERICA, INC., 688 So. 2d 361 (Fla. Dist. Ct. App. 1997)

. . . .§§ 90.303, -.304. . . .

ESTATE OF BROCK, BROCK, Jr. v. D. BROCK,, 692 So. 2d 907 (Fla. Dist. Ct. App. 1996)

. . . See also § 90.303, Fla.Stat. . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. S. MALMBERG,, 639 So. 2d 615 (Fla. 1994)

. . . . §§ 90.303, .304, Fla.Stat. (1991). . . .

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. H. BONANNO,, 568 So. 2d 24 (Fla. 1990)

. . . Section 90.303, Florida Statutes (1987), defines the former type of rebuttable presumption: In a civil . . . of rebuttable presumption: In civil actions, all rebuttable presumptions which are not defined in s. 90.303 . . . We find that these presumptive value schedules fit the definition in section 90.303 of presumptions affecting . . .

FERGUSON, v. A. WILLIAMS,, 566 So. 2d 9 (Fla. Dist. Ct. App. 1990)

. . . It is not a "bursting bubble” or "vanishing" presumption as defined in sections 90.302(1) and 90.303. . . .

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

. . . Each of the two statutory definitions of presumptions (§§ 90.303 and 90.304, Fla.Stat.) are qualified . . . procedural rule) established primarily to facilitate the determination of a particular action '{see § 90.303 . . .

IN RE MURPHY, 32 Fla. Supp. 2d 97 (Fla. Cir. Ct. 1989)

. . . Code 90.303, Erhardt’s Fla. Ev. 302.1 and Beriick v. . . .

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

. . . espouse the view, albeit somewhat cryptically, that in the area of adoptions, the presumption are of the 90.303 . . .

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

. . . See also, §§ 90.303 and 90.304, Fla.Stat. (1985). . . .

IN ESTATE OF E. DAVIS,, 462 So. 2d 12 (Fla. Dist. Ct. App. 1984)

. . . follows that of California in this area of discussion; and the important point to me is that Section 90.303 . . . Section 90.303 provides: Presumption affecting the burden of producing evidence defined. — In a civil . . .

In ESTATE OF E. DAVIS,, 428 So. 2d 774 (Fla. Dist. Ct. App. 1983)

. . . Section 90.303 provides: Presumption affecting the burden of producing evidence defined. — In a civil . . . burden of proof defined. — In civil actions, all rebuttable presumptions which are not defined in s. 90.303 . . .

INSURANCE COMPANY OF STATE OF PENNSYLVANIA, a a v. ESTATE OF GUZMAN, a, 421 So. 2d 597 (Fla. Dist. Ct. App. 1982)

. . . Section 90.303, Florida Statutes (1979), provides: In a civil action or proceeding, unless otherwise . . . Statutes (1979), provides: In civil actions, all rebuttable presumptions which are not defined in s. 90.303 . . .