What is the burden of proof in Florida for civil cases?

In Florida, the burden of proof for civil cases is established as the "preponderance of the evidence." This standard requires that the evidence presented must show that it is more likely than not that the claims being made are true. Essentially, this means that if there is a greater than 50% chance that the facts presented by a party are accurate, that party meets the burden of proof.

This standard is less stringent than the thresholds found in criminal cases, such as "beyond a reasonable doubt," which requires a much higher level of certainty due to the potential loss of liberty involved. Similarly, "clear and convincing evidence" is a higher standard than preponderance and is applied in certain civil cases, particularly those involving serious matters, like parental rights or fraud. "Probable cause," on the other hand, is a standard primarily used in the context of criminal law to justify arrests or searches, and it does not apply to civil cases at all.

The "preponderance of the evidence" standard effectively balances the interests of both parties, allowing civil cases to be resolved without the heavier burden found in criminal proceedings.