Florida Statutes
Fla. Stat. § 2.01 (2025)
Common law and certain statutes declared in force.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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2.01 Common law and certain statutes declared in force.—The common and statute laws of England which are of a general and not a local nature, with the exception hereinafter mentioned, down to the 4th day of July, 1776, are declared to be of force in this state; provided, the said statutes and common law be not inconsistent with the Constitution and laws of the United States and the acts of the Legislature of this state.
History.—s. 1, Nov. 6, 1829; RS 59; GS 59; RGS 71; CGL 87.
Notes of Decisions
Cited in 250
cases (34 in the last 5 years), 1945–2026 · leading case: & SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. & City of St. Petersburg, etc. v. Bradley Westphal, 194 So. 3d 311 (Fla. 2016).
& SC13-1976 Bradley Westphal v. City of St. Petersburg, etc. & City of St. Petersburg, etc. v. Bradley Westphal, 194 So. 3d 311 (Fla. 2016). “necessary showing for demonstrating a constitutional violation based on access to courts: [W]here a right of access to the courts for redress for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the…”
Cauley v. City of Jacksonville, 403 So. 2d 379 (Fla. 1981). “standard for the legislative elimination of a cause of action: *388 We hold, therefore, that where a right of access to the courts for redress for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of…”
Marvin Castellanos v. Next Door Co., 192 So. 3d 431 (Fla. 2016). “1973): [W]here a right of access to the courts for redress for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the…”
Shands Teaching Hosp. & Clinics v. Smith, 480 So. 2d 1366 (Fla. 1st DCA 1985). “§ 2.01, Fla. Stat. (1983). If, however, the only fault courts can find with a rule is that it does not reflect contemporary societal values or that its application is impractical in our modern world, the proper judicial function is to point out to the legislatures the…”
Overland Const. Co., Inc. v. Sirmons, 369 So. 2d 572 (Fla. 1979). “1973), in which we held: [W]here a right of access to the courts for redress for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the…”
Hoffman v. Jones, 280 So. 2d 431 (Fla. 1973). “In view of the fact that prior to Butterfield contributory negligence was a matter of judicial thought rather than judicial pronouncement, it cannot be said that the common law was "clear and free from doubt," so as to make it a part of the statute law of this State by virtue of…”
Martinez v. Hernandez, 227 So. 3d 1257 (Fla. 3d DCA 2017). “Analysis The City’s ordinance regarding the term limits applicable to the office of Mayor provides, in pertinent part: Section 2.01.—Mayor. [[Image here]] (b) Election and term of office.”
Emma Gayle Weaver, etc. v. Stephen C. Myers, M.D., 229 So. 3d 1118 (Fla. 2017). “In Kluger, this Court explained the limitation on the power of the Legislature: [W]here a right of access to the courts for redress for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of…”
Raisen v. Raisen, 379 So. 2d 352 (Fla. 1979). “They contend that with widespread insurance coverage, the probability of collusion and fraud is increased and that, unquestionably, an adversary tort contest between spouses will have an upsetting effect on domestic tranquility. Originally a part of the common law of England,…”
Major League Baseball v. Morsani, 790 So. 2d 1071 (Fla. 2001). “[8] Section 2.01, Florida Statutes (1991), provides in full: 2.”
Est. of Michelle Evette McCall v. United States, 134 So. 3d 894 (Fla. 2014). “wing test for determining whether a statute violates this constitutional guarantee: [W]here a right of access to the courts for redress for a particular injury has been provided by statutory law predating the adoption of - 79 - the Declaration of Rights of the Constitution of…”
Florida Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). “down to the 4th day of July, 1776, are declared to be of force in this state; provided, the said statutes and common law be not inconsistent with the constitution and laws of the United States and the acts of the Legislature of this state.”
— 2.01(A) — 1 case
Pinnacle Foods of California, LLC v. Popeyes Louisiana Kitchen, Inc. (S.D. Fla. 2022).
— 2.01(B) — 3 cases
Gainer v. City of Winter Haven, Fla., 170 F. Supp. 2d 1225 (M.D. Fla. 2001).
Meek v. Metro. Dade Cnty., Fla., 805 F. Supp. 967 (S.D. Fla. 1992).
Gainer v. City of Winter Haven, Fla., 134 F. Supp. 2d 1295 (M.D. Fla. 2000).
— 2.01(a) — 2 cases
PB Legacy, Inc. v. Am. Mariculture, Inc. (M.D. Fla. 2020).
Caterpillar Fin. Servs. Corp. v. Venequip Mach. Sales Corp. (S.D. Fla. 2026).
— 2.01(b) — 1 case
Martinez v. Hernandez, 227 So. 3d 1257 (Fla. 3d DCA 2017). “Analysis The City’s ordinance regarding the term limits applicable to the office of Mayor provides, in pertinent part: Section 2.01.—Mayor. [[Image here]] (b) Election and term of office.”
— 2.01(c) — 2 cases
Martinez v. Hernandez, 227 So. 3d 1257 (Fla. 3d DCA 2017). “Analysis The City’s ordinance regarding the term limits applicable to the office of Mayor provides, in pertinent part: Section 2.01.—Mayor. [[Image here]] (b) Election and term of office.”
Physicians Care Centers of Florida, LLC v. Pnc Nat'l Ass'n (Fla. 4th DCA 2022).
— 2.01(d) — 2 cases
Martinez v. Hernandez, 227 So. 3d 1257 (Fla. 3d DCA 2017). “Analysis The City’s ordinance regarding the term limits applicable to the office of Mayor provides, in pertinent part: Section 2.01.—Mayor. [[Image here]] (b) Election and term of office.”
Turner v. City of Clearwater, 789 So. 2d 273 (Fla. 2001).
— 2.01(d)(6) — 1 case
Turner v. City of Clearwater, 789 So. 2d 273 (Fla. 2001).
— 2.01(d)(7) — 1 case
Turner v. City of Clearwater, 789 So. 2d 273 (Fla. 2001).
— 2.01(f) — 1 case
Haney v. PGA Tour, Inc. (S.D. Fla. 2021).
— 2.01(jj) — 1 case
Harrell's, LLC v. Agrium Advanced (U.S.) Tech., Inc., 795 F. Supp. 2d 1321 (M.D. Fla. 2011).
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