§ 90.303, Fla. Stat. — Presumption Affecting the Burden of Producing Evidence
Plain English
This defines the weaker, “bursting-bubble” category of presumption. In a civil case, unless a statute says otherwise, a presumption that exists mainly to facilitate deciding the particular case — rather than to advance a broader public policy — is a presumption affecting the burden of producing evidence. It makes the jury assume the fact until the other side introduces credible contrary evidence; at that point the presumption disappears and the fact is decided on the evidence alone. (Contrast § 90.304, where policy-based presumptions shift the heavier burden of proof.)
From the Courtroom
A 90.303 presumption is a starting gift, not a guarantee. It carries you until the other side puts on credible contrary proof — then the bubble bursts and you’re back to proving the fact the old-fashioned way. The question that decides cases is whether a given presumption is “case-facilitating” (90.303) or “policy” (90.304).
Key Points & Authority
- § 90.303, Fla. Stat. — A civil presumption established mainly to facilitate deciding the case (not to implement public policy) affects only the burden of producing evidence.
- Once credible contrary evidence is introduced, the presumption drops out (see § 90.302(1)).
- Federal parallel: Fed. R. Evid. 301 (the federal default closely matches this production-shifting model).
Federal Parallel
The federal counterpart is Fed. R. Evid. 301, whose default treatment of civil presumptions — shifting the burden of production but not persuasion — mirrors Florida’s § 90.303 category.
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)
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.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.303 defines a civil presumption established mainly to facilitate deciding the case (not to implement public policy) as one affecting only the burden of producing evidence — the bursting-bubble type.