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Florida Statute 90.304 | Lawyer Caselaw & Research
F.S. 90.304 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 90.304

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
F.S. 90.304
90.304 Presumption affecting the burden of proof defined.In civil actions, all rebuttable presumptions which are not defined in s. 90.303 are presumptions affecting the burden of proof.
History.s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.

F.S. 90.304 on Google Scholar

F.S. 90.304 on Casetext

Amendments to 90.304


Arrestable Offenses / Crimes under Fla. Stat. 90.304
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.304.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE ANDERSON, v. W., 561 B.R. 230 (Bankr. M.D. Fla. 2016)

. . . The presumption we adopt is a presumption affecting the burden of proof pursuant to- section 90.304, . . .

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

. . . presumption establishing the appropriate amount of child support is a presumption defined by section 90.304 . . . See § 90.304, Fla. Stat. (2014). . . .

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

. . . Section 90.304, Florida Statutes, provides “[i]n civil actions, all rebuttable presumptions which are . . . With regard to the presumption articulated in section 90.304, this -Court stated: When a presumption . . .

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

. . . confidential relationships and is therefore a presumption shifting the burden of proof under ss. 90.301-90.304 . . . 2002 amendment to section 733.107, adding subsection 2, was intended to incorporate sections 90.301-90.304 . . .

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. . . .

REGIONS BANK, v. S. HYMAN,, 91 F. Supp. 3d 1234 (M.D. Fla. 2015)

. . . further held that the presumption adopted is one affecting the burden of proof pursuant to section 90.304 . . . The presumption we adopt is a presumption affecting the burden of proof pursuant to section 90.304, F.S . . .

VAN WEELDE, v. VAN WEELDE,, 110 So. 3d 918 (Fla. Dist. Ct. App. 2013)

. . . penalty of perjury as specified by s. 92.525(2) shall create a rebuttable presumption, as defined by s. 90.304 . . .

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

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

BRIDGEVIEW BANK GROUP, v. P. CALLAGHAN,, 84 So. 3d 1154 (Fla. Dist. Ct. App. 2012)

. . . “The presumption we adopt is a presumption affecting the burden of proof pursuant to section 90.304, . . .

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

. . . Universal also moved to apply section 90.304, Florida Statutes (2007), and requested that the jury be . . . Presumptions established to implement a particular public policy were governed by section 90.304 and . . . The Legislature had the opportunity to include language requiring the application of section 90.304, . . . Heim, 712 So.2d 1238, 1239 (Fla. 4th DCA 1998), the Fourth District held that section 90.304 governs . . . The application of section 90.304 to a presumption in banking relationships is not applicable here. . . .

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

. . . Universal also asked the trial court to determine that section 90.304, Florida Statutes (2007), allowed . . . Universal also contended that section 627.7073(l)(c) created a section 90.304 presumption because it . . . Moreover, the legislature knows how to create burden-shifting presumptions under section 90.304. . . . a rebuttable presumption and the legislature specifically provided that it was governed by section 90.304 . . . section 627.7073(l)(c) was to operate as a burden-shifting presumption under sections 90.302(2) or 90.304 . . . Section 90.304 then provides: Presumption affecting the burden of proof defined. — In civil actions, . . . Section 90.304 applies to presumptions implementing public policy and, therefore, applies in this case . . . points out that the legislature knows how to expressly create burden-shifting presumptions under section 90.304 . . .

MOHORN, v. THOMAS, 30 So. 3d 710 (Fla. Dist. Ct. App. 2010)

. . . penalty of perjury as specified by s. 92.525(2), creates a rebuttable presumption, as defined by s. 90.304 . . .

In WINGATE, v., 377 B.R. 687 (Bankr. M.D. Fla. 2006)

. . . The presumption we adopt is a presumption affecting the burden of proof pursuant to section 90.304, Florida . . .

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)

. . . in this chapter shall prevent the drawing of an inference that is appropriate. (4) Sections 90.301-90.304 . . .

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 . . . as procedural devises, are presumptions affecting the burden of proof or the burden of persuasion. § 90.304 . . . 2002 amendment to section 733.107, adding subsection 2, was intended to incorporate sections 90.301-90.304 . . . specifically mandates that the presumption shifts the burden of proof under sections 90.301 through 90.304 . . . Sections 90.301 through 90.304 provide: 90.301. . . .

CAPUTO, v. NOUSKHAJIAN,, 871 So. 2d 266 (Fla. Dist. Ct. App. 2004)

. . . exchange for the creation of a presumption which shifts the burden of proof to the estate under section 90.304 . . .

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 90.301-90.304 . . . Presumption affecting the burden of producing evidence defined. § 90.304, Fla. Stat. . . .

DELTA PROPERTY MANAGEMENT, v. PROFILE INVESTMENTS, INC., 830 So. 2d 867 (Fla. Dist. Ct. App. 2002)

. . . Ehrhardt, presumptions that implement public policy are rebuttable presumptions codified under section 90.304 . . .

G. D AQUISTO, v. COSTCO WHOLESALE CORPORATION,, 816 So. 2d 1231 (Fla. Dist. Ct. App. 2002)

. . . supreme court held that "[t]he presumption is one affecting the burden of proof pursuant to section 90.304 . . .

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

. . . The presumption is one affecting the burden of proof pursuant to section 90.304, Florida Statutes (2000 . . . Almand & Associates, 780 So.2d 45, 59 n. 20 (Fla.2001): Section 90.304 provides that "in civil actions . . .

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

. . . The presumption we adopt is a presumption affecting the burden of proof pursuant to section 90.304, Florida . . . 598 So.2d 225, 228 (Fla. 2d DCA 1992), to the extent it imposes a higher burden of proof. .Section 90.304 . . .

A. MORRIS, v. CRAWFORD,, 718 So. 2d 354 (Fla. Dist. Ct. App. 1998)

. . . statistical probability of paternity of 95 percent or more creates a rebuttable presumption, as defined by s. 90.304 . . .

J. HEIM, Jr. v. M. HEIM,, 712 So. 2d 1238 (Fla. Dist. Ct. App. 1998)

. . . See §§ 90.302(2), 90.304, Fla: Stat. (1997). . . .

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

. . . See § 90.304, Fla. . . .

J. HOLMEN, G. J. O. J. G. v. HOLMEN, RAHN,, 697 So. 2d 866 (Fla. Dist. Ct. App. 1997)

. . . held, a voluntary acknowledgment of paternity shall create a rebuttable presumption as defined by s. 90.304 . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, D. A. R. v. C. M. N., 661 So. 2d 22 (Fla. Dist. Ct. App. 1994)

. . . proceeding was held, a determination of patemily shall create a rebuttable presumption, as defined by s. 90.304 . . .

In ESTATE OF V. COMBEE, FARMER, v. A. WALKER,, 601 So. 2d 1165 (Fla. 1992)

. . . exchange for the creation of a presumption which shifts the burden of proof to the estate under section 90.304 . . .

S. JENNINGS, v. DADE COUNTY, 589 So. 2d 1345 (Fla. Dist. Ct. App. 1991)

. . . that a quasi-judicial officer received an ex parte contact, a presumption arises, pursuant to section 90.304 . . . effect is presumed to be prejudicial unless the defendant proves the contrary by competent evidence. § 90.304 . . . . § 90.304, Fla.Stat. (1991); Department of Agriculture & Consumer Servs. v. . . .

In ESTATE OF V. COMBEE, A. WALKER I. v. FARMER Jr. a, 583 So. 2d 708 (Fla. Dist. Ct. App. 1991)

. . . statute, however, creates a presumption which shifts the burden of proof to the estate under section 90.304 . . .

CITY OF DELRAY BEACH Lt. v. A. BARFIELD,, 579 So. 2d 315 (Fla. Dist. Ct. App. 1991)

. . . entirely agree with appellee’s argument that the 45-day presumption is of the kind covered by section 90.304 . . .

GILTY, v. VILLAGE OF OAK PARK,, 919 F.2d 1247 (7th Cir. 1990)

. . . Furthermore, the officer ranked second on the promotional list had a total score of 90.304/100, whereas . . .

VALDES, v. LAMBERT,, 568 So. 2d 117 (Fla. Dist. Ct. App. 1990)

. . . statistical probability of paternity of 95 percent or more creates a rebuttable presumption, as defined by s. 90.304 . . .

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

. . . Section 90.304, Florida Statutes (1987), defines the second type of rebuttable presumption: In civil . . .

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 . . . Morgan-McCormick-§ 90.302(2) presumption is a rule of substantive law used to implement public policy (see § 90.304 . . .

VIDAL, v. RIVAS,, 556 So. 2d 1150 (Fla. Dist. Ct. App. 1990)

. . . statistical probability of paternity of 95 percent or more creates a rebuttable presumption, as defined by s. 90.304 . . .

JONES v. CRAWFORD,, 552 So. 2d 926 (Fla. Dist. Ct. App. 1989)

. . . statistical probability of paternity of 95 percent or more creates a rebuttable presumption, as defined by s. 90.304 . . . probability of paternity equal to or greater than 95 percent, a rebuttable presumption under Section 90.304 . . . Florida Department of Administration, 372 So.2d 438 (Fla.1979), the Supreme Court held that Section 90.304 . . .

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

. . . Code 90.304) It would also appear that the operative presumption in this case is of the latter type. . . .

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

. . . Thus, the Court has cast upon the Whites the burden of proof in this issue in accordance with F.S. 90.304 . . .

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). . . .

DEPARTMENT OF TRANSPORTATION, DIVISION OF ADMINISTRATION, v. E. JIRIK,, 498 So. 2d 1253 (Fla. 1986)

. . . Law Revision Council Note-1976, § 90.304, Fla.Stat. (1979). . . .

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

. . . Section 90.304 provides: Presumption affecting the burden of proof defined. — In civil actions, all rebuttable . . .

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

. . . Section 90.304, Florida Statutes (1979), provides: In civil actions, all rebuttable presumptions which . . .

F. B. BYSTROM, v. EQUITABLE LIFE ASSURANCE SOCIETY OF UNITED STATES, a a, 416 So. 2d 1133 (Fla. Dist. Ct. App. 1982)

. . . .-302(2) and 90.304, Florida Statutes (1977), mandates the result stated above. . . . Consequently, even without the historical development of the law in Florida, Sections 90.302(2) and 90.304 . . . with respect to the appraiser, that even in the absence of deci-sional law, Sections 90.302(2) and 90.304 . . . Tuck, supra; §§ 90.302(2) and 90.304, Fla.Stat. (1977), supra. . . .