Florida Statutes

Fla. Stat. § 90.301 (2025)

Presumption defined; inferences.

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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.

Notes of Decisions

Cited in 26 cases (1 in the last 5 years), 1983–2022 · leading case: Universal Ins. Co. of North Am. v. Warfel, 82 So. 3d 47 (Fla. 2012).

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Universal Ins. Co. of North Am. v. Warfel, 82 So. 3d 47 (Fla. 2012). · cites it 3× “§§ 90.301-.304, Fla. Stat. (2011). The Florida Evidence Code essentially adopted the California approach to presumptions.”

Pub. Health Trust of Dade Cty. v. Valcin, 507 So. 2d 596 (Fla. 1987). · cites it 2× “See § 90.301(3), Fla. Stat. (1985); J. McQuade, Medical Practice for Trial Lawyers § 2-20 (2d ed.”

Golden Yachts, Inc. v. Hall, 920 So. 2d 777 (Fla. 4th DCA 2006). · cites it 2× “" § 90.301(3), Fla. Stat. (2004). An inference, unlike a presumption, is "[a] *781 logical and reasonable conclusion of a fact not presented by direct evidence but which, by process of logic and reason, a trier of fact may conclude exists from the established facts.”

State v. Rolle, 560 So. 2d 1154 (Fla. 1990). · cites it 2× “" § 90.301(1), Fla. Stat. (1987). Admittedly, this section is intended to apply only to civil actions or proceedings, and presumptions in civil cases may differ significantly from presumptions in criminal cases.”

Hlad v. State, 565 So. 2d 762 (Fla. 5th DCA 1990). · cites it 4× “Section 90.301(1), Florida Statutes, defines a presumption as "an assumption of fact which the law makes from the existence of another fact or group of facts found or otherwise established.”

Hack v. Janes, 878 So. 2d 440 (Fla. 5th DCA 2004). · cites it 2× “" § 90.301, Fla. Stat. (2002). "A presumption.”

Rocke v. Am. Rsch. Bureau, 184 So. 3d 1221 (Fla. 2d DCA 2016). · cites it 2× “Specifically, section 90.301(1), Florida Statutes (2006), defines a presumption as “an assumption of fact which the law makes from the existence of another fact or group of facts found or otherwise established.”

Tabb Ex Rel. Tabb v. Florida Nica, 880 So. 2d 1253 (Fla. 1st DCA 2004). “See §§ 90.301, .302, Fla. Stat. (2001). [3] Evidence of Memorial's routine of including a NICA brochure in each pre-registration packet is admissible to prove that Tabb received the brochure when she pre-registered.”

Sun Elastic Corp. v. OB Indus., 603 So. 2d 516 (Fla. 3d DCA 1992). · cites it 2× “§ 90.301(2), Fla. Stat. (1991); see also Straughn v.”

Tomlinson v. DHRS, 558 So. 2d 62 (Fla. 2d DCA 1990). · cites it 2× “§ 90.301(1), Fla. Stat. (1987). A presumption is typically an evidentiary tool which compels a trier of fact to find the truth of an ultimate fact which is only supported circumstantially by evidence of predicate facts and which is not satisfactorily rebutted by the opposing…”

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 2× “Statutory References § 90.301, Fla. Stat. Presumption defined; inferences.”

Fla. Ch. of Sierra Club v. Orlando Util. Com'n, 436 So. 2d 383 (Fla. 5th DCA 1983). · cites it 2× “[9] § 90.301(2), Fla. Stat. (1981). [10] §§ 403.”

Show all 26 citing cases →

— 90.301(1) — 6 cases

State v. Rolle, 560 So. 2d 1154 (Fla. 1990). “" § 90.301(1), Fla. Stat. (1987). Admittedly, this section is intended to apply only to civil actions or proceedings, and presumptions in civil cases may differ significantly from presumptions in criminal cases.”

Rocke v. Am. Rsch. Bureau, 184 So. 3d 1221 (Fla. 2d DCA 2016). “Specifically, section 90.301(1), Florida Statutes (2006), defines a presumption as “an assumption of fact which the law makes from the existence of another fact or group of facts found or otherwise established.”

Hlad v. State, 565 So. 2d 762 (Fla. 5th DCA 1990). “Section 90.301(1), Florida Statutes, defines a presumption as "an assumption of fact which the law makes from the existence of another fact or group of facts found or otherwise established.”

Tomlinson v. DHRS, 558 So. 2d 62 (Fla. 2d DCA 1990). “§ 90.301(1), Fla. Stat. (1987). A presumption is typically an evidentiary tool which compels a trier of fact to find the truth of an ultimate fact which is only supported circumstantially by evidence of predicate facts and which is not satisfactorily rebutted by the opposing…”

Rocke v. Am. Rsch. Bureau (Fla. 2d DCA 2015).

— 90.301(2) — 5 cases

Sun Elastic Corp. v. OB Indus., 603 So. 2d 516 (Fla. 3d DCA 1992). “§ 90.301(2), Fla. Stat. (1991); see also Straughn v.”

Fla. Ch. of Sierra Club v. Orlando Util. Com'n, 436 So. 2d 383 (Fla. 5th DCA 1983). “[9] § 90.301(2), Fla. Stat. (1981). [10] §§ 403.”

Don King Prods., Inc. v. Chavez, 717 So. 2d 1094 (Fla. 4th DCA 1998).

Burns v. Robbins, 44 Fla. Supp. 2d 199 (Fla. Cir. Ct. 1990).

— 90.301(3) — 5 cases

Pub. Health Trust of Dade Cty. v. Valcin, 507 So. 2d 596 (Fla. 1987). “See § 90.301(3), Fla. Stat. (1985); J. McQuade, Medical Practice for Trial Lawyers § 2-20 (2d ed.”

Golden Yachts, Inc. v. Hall, 920 So. 2d 777 (Fla. 4th DCA 2006). “" § 90.301(3), Fla. Stat. (2004). An inference, unlike a presumption, is "[a] *781 logical and reasonable conclusion of a fact not presented by direct evidence but which, by process of logic and reason, a trier of fact may conclude exists from the established facts.”

Whiteaker Ex Rel. Parker v. Gilreath, 734 So. 2d 1105 (Fla. 2d DCA 1999).

Stokes v. Schindler Elevator Corp./Broadspire, 60 So. 3d 1110 (Fla. 1st DCA 2011).

State v. Sanders, 905 So. 2d 241 (Fla. 2d DCA 2005).

— 90.301(4) — 4 cases

Richard Fillingim v. Eddie Boone, Sheriff of Leon Cnty., Florida, 835 F.2d 1389 (11th Cir. 1988).

Martin v. State, 711 So. 2d 117 (Fla. 4th DCA 1998).

Linda Prentice, etc. v. R.J. Reynolds Tobacco Co. (Fla. 2022).

State v. Sanders, 905 So. 2d 241 (Fla. 2d DCA 2005).

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