§ 90.304, Fla. Stat. — Presumption Affecting the Burden of Proof
Plain English
This is the catch-all companion to § 90.303. In civil cases, every rebuttable presumption that is not the case-facilitating type defined in § 90.303 is a presumption affecting the burden of proof. These are the stronger, policy-rooted presumptions. They don’t simply vanish the moment contrary evidence appears — they shift the burden of proof on that fact to the party the presumption operates against, who must then actually disprove it.
From the Courtroom
A burden-of-proof presumption is the powerful one — it doesn’t pop when challenged; it makes the other side carry the load of disproving the fact. When you can show a presumption is policy-based rather than merely case-facilitating, you’ve shifted the weight of the whole issue onto your opponent.
Key Points & Authority
- § 90.304, Fla. Stat. — In civil actions, all rebuttable presumptions not defined in § 90.303 affect the burden of proof.
- These presumptions shift the burden of proof to the opposing party (see § 90.302(2)); they are typically rooted in public policy.
- Federal parallel: Fed. R. Evid. 301 — federal civil practice generally does not shift the burden of persuasion this way, a notable Florida-vs-federal difference.
Federal Parallel
The federal counterpart is Fed. R. Evid. 301. The contrast matters: under FRE 301 a presumption ordinarily does not shift the burden of persuasion in civil cases, while Florida’s § 90.304 recognizes a category of presumptions that does exactly that.
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 civil actions, all rebuttable presumptions which are not defined in s. 90.303 are presumptions affecting the burden of proof.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.304 provides that in civil actions all rebuttable presumptions not defined in §90.303 affect the burden of proof, shifting that burden to the party against whom the presumption operates.