90.301
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.
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 Insurance Co. of North America v. Warfel
Universal Insurance Co. of North America v. Warfel (2012)
“§§ 90.301-.304, Fla. Stat. (2011). The Florida Evidence Code essentially adopted the California approach to presumptions.”
Public Health Trust of Dade Cty. v. Valcin (1987)
“See § 90.301(3), Fla. Stat. (1985); J. McQuade, Medical Practice for Trial Lawyers § 2-20 (2d ed.”
Golden Yachts, Inc. v. Hall (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.”
State v. Rolle (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.”
Hlad v. State (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.”
Hack v. Janes (2004)
“" § 90.301, Fla. Stat. (2002). "A presumption.”
Rocke v. American Research Bureau (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.”
Tabb Ex Rel. Tabb v. FLORIDA NICA (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 INDUSTRIES (1992)
“§ 90.301(2), Fla. Stat. (1991); see also Straughn v.”
Tomlinson v. DHRS (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…”
Amendments to the Florida Probate Rules (2003)
“Statutory References § 90.301, Fla. Stat. Presumption defined; inferences.”
Fla. Ch. of Sierra Club v. Orlando Util. Com'n (1983)
“[9] § 90.301(2), Fla. Stat. (1981). [10] §§ 403.”
— 90.301(1) — 6 cases
State v. Rolle (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. American Research Bureau (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 (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 (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…”
— 90.301(2) — 5 cases
Hlad v. State (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.”
Sun Elastic Corp. v. OB INDUSTRIES (1992)
“§ 90.301(2), Fla. Stat. (1991); see also Straughn v.”
Fla. Ch. of Sierra Club v. Orlando Util. Com'n (1983)
“[9] § 90.301(2), Fla. Stat. (1981). [10] §§ 403.”
Burns v. Robbins (1990)
— 90.301(3) — 5 cases
Public Health Trust of Dade Cty. v. Valcin (1987)
“See § 90.301(3), Fla. Stat. (1985); J. McQuade, Medical Practice for Trial Lawyers § 2-20 (2d ed.”
Golden Yachts, Inc. v. Hall (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.”
State v. Sanders (2005)
— 90.301(4) — 4 cases
Martin v. State (1998)
State v. Sanders (2005)
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