Fla. Stat. § 90.304 — Presumption affecting the burden of proof defined

The "Burden-Shifting" Presumption: This statute defines the second, more powerful type of presumption in Florida law. Unlike the "bursting bubble" presumption in the previous rule, this type is much stronger.

Purpose: A presumption affecting the burden of proof is created to implement a specific, important public policy. The statute itself provides the most common examples:

• The policy in favor of the legitimacy of a child born during a marriage.
• The policy in favor of the validity of a written document (like a will).
• The policy in favor of assuming a person is sane.
• The policy in favor of assuming that official government actions are legal.

How it Works: When this type of presumption applies, it does more than just require the other side to produce some evidence. It shifts the entire burden of proof (also called the burden of persuasion) to the opposing party. This means that party now has the job of convincing the jury that the presumed fact is *not* true. This is a much heavier burden to overcome.