Florida Statutes

Fla. Stat. § 90.303 (2025)

Presumption affecting the burden of producing evidence defined.

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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.

Notes of Decisions

Cited in 23 cases, 1982–2018 · 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 13× “7073(l)(c) was a “vanishing” or “bursting bubble” presumption governed by section 90.303, Florida Statutes (2005), whereas Universal contended that the presumption in that statute should be governed by section 90.”

Dept. of Agr. & Consum. Serv. v. Bonanno, 568 So. 2d 24 (Fla. 1990). · cites it 3× “Section 90.303, Florida Statutes (1987), defines the former type of rebuttable presumption: 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…”

Warfel v. Universal Ins. Co. of North Am., 36 So. 3d 136 (Fla. 2d DCA 2010). · cites it 4× “Section 90.303, Florida Statutes (2005), provides: Presumption affecting the burden of producing evidence defined.”

Gross v. Zimmerman, 197 So. 3d 1248 (Fla. 4th DCA 2016). · cites it 4× “See § 90.303, Fla. Stat, (2014). In establishing child support guidelines, the legislature was clearly expressing the strong public policy of this state, emphasizing the importance of protecting - children, by assuring that their parents who are not living together provide…”

Hlad v. State, 565 So. 2d 762 (Fla. 5th DCA 1990). · cites it 3× “302(1) presumption, commonly called a vanishing or "bursting bubble" presumption, [24] is a procedural device (a procedural rule) established primarily to facilitate the determination of a particular action ( see § 90.303, Fla. Stat.) while the Morgan-McCormick-§ 90.”

Pub. Health Trust of Dade Cty. v. Valcin, 507 So. 2d 596 (Fla. 1987). “See also, §§ 90.303 and 90.304, Fla. Stat. (1985). A section 90.”

Berwick v. Prudential Prop. & Cas. Ins. Co., 436 So. 2d 239 (Fla. 3d DCA 1983). · cites it 2× “Unless otherwise provided by statute, a presumption established primarily to facilitate the determination of an action, as here, rather than to implement public policy is a rebuttable "presumption affecting the burden of producing evidence," see § 90.303, Fla. Stat. (1981), a…”

INS. CO. OF ST., PA v. Est. of Guzman, 421 So. 2d 597 (Fla. 4th DCA 1982). · cites it 2× “Section 90.303, Florida Statutes (1979), provides: 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…”

Thomasena Mitchell v. Miami Dade Cnty. aka MDPD (Intracoastal) etc., 186 So. 3d 65 (Fla. 1st DCA 2016). · cites it 3× “Section 90.303, Florida Statutes, explains that presumptions intended to facilitate the finding that a particular action occurred, as opposed to implementing public policy, are presumptions affecting the production'of evidence.”

Est. of Brock, 692 So. 2d 907 (Fla. 1st DCA 1996). · cites it 2× “See also § 90.303, Fla.Stat. In the case before us, the witnesses testifying in behalf of appellee presented an explanation for the involvement of the appellee in the activities surrounding the decedent's financial affairs.”

Hack v. Janes, 878 So. 2d 440 (Fla. 5th DCA 2004). “304 provides that rebuttable presumptions not included within the definition of section 90.303, i.e., presumptions that implement public policy rather than being established primarily as procedural devises, are presumptions affecting the burden of proof or the burden of…”

Hack v. Est. of Helling, 811 So. 2d 822 (Fla. 5th DCA 2002). “), citing § 90.303, Florida Statutes (the Evidence Code).”

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