What it means
For purposes of the Evidence Code, a presumption is an assumption of fact which the law makes from the existence of another fact or group of facts found or otherwise established (§ 90.301(1)). Except for presumptions that are conclusive under the law from which they arise, a presumption is rebuttable (§ 90.301(2)).
Nothing in chapter 90 prevents the drawing of an appropriate inference (§ 90.301(3)). Sections 90.301-90.304 apply only in civil actions or proceedings (§ 90.301(4)).
Two sections sort civil presumptions by effect. Section 90.303 treats a presumption established primarily to facilitate the determination of the particular action, rather than to implement public policy, as one affecting the burden of producing evidence. Section 90.304 treats the other rebuttable civil presumptions as affecting the burden of proof. Section 733.107(2) places the presumption of undue influence in the second group.
- A presumption is an assumption of fact the law makes from another fact or group of facts found or otherwise established (§ 90.301(1)).
- A presumption is rebuttable unless it is conclusive under the law from which it arises (§ 90.301(2)).
- The chapter does not prevent drawing an appropriate inference (§ 90.301(3)).
- Sections 90.301-90.304 apply only in civil actions or proceedings (§ 90.301(4)).
- The presumption of undue influence is a presumption shifting the burden of proof under §§ 90.301-90.304 (§ 733.107(2)).
Text of the statute (2026)
(1) For the purposes of this chapter, a presumption is an assumption of fact which the law makes from the existence of another fact or group of facts found or otherwise established. (2) Except for presumptions that are conclusive under the law from which they arise, a presumption is rebuttable.
(3) Nothing in this chapter shall prevent the drawing of an inference that is appropriate. (4) Sections 90.301-90.304 are applicable only in civil actions or proceedings.
Excerpts are the subsections the summary relies on. Read the full official text of § 90.301.
History. s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 5, 22, ch. 78-361; ss. 1, 2, ch. 78-379.
How it applies
These definitions frame presumption disputes in probate litigation. The most familiar example is the presumption of undue influence in a will contest. Section 733.107(2) states that this presumption implements public policy against abuse of fiduciary or confidential relationships and is a presumption shifting the burden of proof under §§ 90.301-90.304. That classification determines which party must persuade the court on the issue once the presumption applies.
Questions people ask
Sources
- Fla. Stat. § 90.301 (2026) (“a presumption is an assumption of fact which the law makes from the existence of another fact or group of facts found or otherwise established” Definition.)
- Fla. Stat. § 90.303 (2026) (“is a presumption affecting the burden of producing evidence” Companion definition.)
- Fla. Stat. § 90.304 (2026) (“all rebuttable presumptions which are not defined in s. 90.303 are presumptions affecting the burden of proof” Companion definition.)
- Fla. Stat. § 733.107 (2026) (“a presumption shifting the burden of proof under ss. 90.301-90.304” Undue influence presumption.)
Last checked: October 17, 2026
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