§ 90.302, Fla. Stat. — Classification of Rebuttable Presumptions
Plain English
Every rebuttable presumption in Florida is one of two kinds, and the kind decides how much work it does. (1) A presumption affecting the burden of producing evidence — the jury must assume the presumed fact unless credible contrary evidence is introduced; once it is, the presumption drops out and the fact is decided on the evidence alone (the “bursting bubble”). (2) A presumption affecting the burden of proof — the stronger kind, which shifts the actual burden of proof on that fact onto the party it operates against. Sections 90.303 and 90.304 sort which presumptions land in each category.
From the Courtroom
The whole game is which type of presumption you’re holding. A burden-of-production presumption pops the moment the other side puts on credible contrary evidence — a burden-of-proof presumption makes them actually disprove the fact. Misjudge which one applies and you’ll build your case on a presumption that vanishes at the first push.
Key Points & Authority
- § 90.302, Fla. Stat. — Rebuttable presumptions are classified as affecting either the burden of producing evidence or the burden of proof.
- § 90.303 defines the production type (case-facilitating); § 90.304 sweeps all other rebuttable presumptions into the burden-of-proof type.
- Federal parallel: Fed. R. Evid. 301 — but federal civil presumptions generally shift only the burden of production, not the burden of persuasion.
Federal Parallel
The federal counterpart is Fed. R. Evid. 301. A key difference: in federal civil cases a presumption generally shifts only the burden of production (the bursting-bubble approach), whereas Florida expressly recognizes a stronger burden-of-proof category in §§ 90.302–90.304.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
Every rebuttable presumption is either:
(1) A presumption affecting the burden of producing evidence and requiring the trier of fact to assume the existence of the presumed fact, unless credible evidence sufficient to sustain a finding of the nonexistence of the presumed fact is introduced, in which event, the existence or nonexistence of the presumed fact shall be determined from the evidence without regard to the presumption; or
(2) A presumption affecting the burden of proof that imposes upon the party against whom it operates the burden of proof concerning the nonexistence of the presumed fact.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.302 classifies every rebuttable presumption as either affecting the burden of producing evidence (bursting-bubble) or affecting the burden of proof (shifting the burden of proof to the opposing party).