Chapter 86 — Chapter 86
12 sections in this chapter.
Fla. Stat. § 86.011 Jurisdiction of trial court
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The circuit and county courts have jurisdiction within their respective jurisdictional amounts to declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed. No action or procedure is open to objection on the ground that a …
Fla. Stat. § 86.021 Power to construe
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Any person claiming to be interested or who may be in doubt about his or her rights under a deed, will, contract, or other article, memorandum, or instrument in writing or whose rights, status, or other equitable or legal relations are affected by a statute, or any regulation mad…
Fla. Stat. § 86.031 Before breach
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A contract may be construed either before or after there has been a breach of it.
Fla. Stat. § 86.041 Actions by executors, administrators, trustees, etc
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Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, a guardianship, or the estate of a decedent, an infant, a mental incompeten…
Fla. Stat. § 86.051 Enumeration not exclusive
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The enumeration in ss. 86.021, 86.031 and 86.041 does not limit or restrict the exercise of the general powers conferred in s. 86.011 in any action where declaratory relief is sought. Any declaratory judgment rendered pursuant to this chapter may be rendered by way of anticipatio…
Fla. Stat. § 86.061 Supplemental relief
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Further relief based on a declaratory judgment may be granted when necessary or proper. The application therefor shall be by motion to the court having jurisdiction to grant relief. If the application is sufficient, the court shall require any adverse party whose rights have been…
Fla. Stat. § 86.071 Jury trials
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When an action under this chapter concerns the determination of an issue of fact, the issue may be tried as issues of fact are tried in other civil actions in the court in which the proceeding is pending. To settle questions of fact necessary to be determined before judgment can …
Fla. Stat. § 86.081 Costs
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The court may award costs as are equitable.
Fla. Stat. § 86.091 Parties
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When declaratory relief is sought, all persons may be made parties who have or claim any interest which would be affected by the declaration. No declaration shall prejudice the rights of persons not parties to the proceedings. In any proceeding concerning the validity of a county…
Fla. Stat. § 86.101 Construction of law
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This chapter is declared to be substantive and remedial. Its purpose is to settle and to afford relief from insecurity and uncertainty with respect to rights, status, and other equitable or legal relations and is to be liberally administered and construed.
Fla. Stat. § 86.111 Existence of another adequate remedy; effect
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The existence of another adequate remedy does not preclude a judgment for declaratory relief. The court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar. The court has power to give as full and complete equitable relief as it w…
Fla. Stat. § 86.121 Attorney fees; actions for declaratory relief to determine insurance coverage after total coverage denial of claim
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(1) In an action brought for declaratory relief in state or federal court to determine insurance coverage after the insurer has made a total coverage denial of a claim:(a) Either party is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cau…