Florida Statute 90.304
“Presumption affecting the burden of proof defined”
What it means
Florida's Evidence Code sorts civil presumptions into two groups. Under § 90.303, a presumption established primarily to facilitate the determination of the particular action, rather than to implement public policy, is a presumption affecting the burden of producing evidence. Under this section, in civil actions, all rebuttable presumptions that are not defined in § 90.303 are presumptions affecting the burden of proof.
In probate, § 733.107(2) applies this section to the presumption of undue influence. It provides that, in any transaction or event to which the presumption applies, the 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.
- In civil actions, every rebuttable presumption not defined in § 90.303 is a presumption affecting the burden of proof (§ 90.304).
- A presumption established primarily to facilitate the determination of the action, rather than to implement public policy, affects only the burden of producing evidence (§ 90.303).
- The undue influence presumption implements public policy against abuse of fiduciary or confidential relationships (§ 733.107(2)).
- The undue influence presumption is a presumption shifting the burden of proof under §§ 90.301-90.304 (§ 733.107(2)).
Text of the statute (2026)
In civil actions, all rebuttable presumptions which are not defined in s. 90.303 are presumptions affecting the burden of proof.
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.
(2) In any transaction or event to which the presumption of undue influence applies, the presumption implements public policy against abuse of fiduciary or confidential relationships and is therefore a presumption shifting the burden of proof under ss. 90.301-90.304.
Excerpts are the subsections the summary relies on. Read the full official text of § 90.304.
History. s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379.
How it applies
In a will contest, once the presumption of undue influence applies, § 733.107(2) classifies it as one that shifts the burden of proof. That classification determines which party must persuade the court on undue influence. Section 733.107(1) separately sets the order of proof in will contests: the proponent establishes prima facie the formal execution and attestation of the will, and the contestant then has the burden of establishing the grounds on which probate is opposed.
Questions people ask
Sources
- Fla. Stat. § 90.304 (2026) (“In civil actions, all rebuttable presumptions which are not defined in s. 90.303 are presumptions affecting the burden of proof.” Rule stated in the section.)
- Fla. Stat. § 90.303 (2026) (“rather than to implement public policy, is a presumption affecting the burden of producing evidence” Other group of presumptions.)
- Fla. Stat. § 733.107 (2026) (“the presumption implements public policy against abuse of fiduciary or confidential relationships” Application to undue influence.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.