Florida Statute 45.011 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 45
CIVIL PROCEDURE: GENERAL PROVISIONS

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F.S. 45.011

45.011 Definitions.—In all statutes about practice and procedure:

(1) “Bond with surety” means a bond with two good and sufficient sureties, each with unencumbered property not subject to any exemption afforded by law equal in value to the penal sum of the bond or a bond with a licensed surety company as surety or a cash deposit conditioned as for a bond.

(2) “Defendant” means any party against whom relief as referenced in subsection (3) is sought.

(3) “Plaintiff” means any party seeking affirmative relief whether plaintiff, counterclaimant, cross-claimant; or third-party plaintiff, counterclaimant or cross-claimant.

History.—s. 1, ch. 67-254; s. 16, ch. 2023-8.

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Amendments to 45.011

Annotations, Discussions, Cases:

Cases Citing Statute 45.011

Total Results: 65

Ake v. Birnbaum

25 So. 2d 213, 156 Fla. 735, 1945 Fla. LEXIS 982

Supreme Court of Florida | Filed: Jul 20, 1945 | Docket: 3274924

Cited 75 times | Published

be disregarded, and an action brought under section 45.11 F.S. 1941. This statute comes down to us from

Youngblood v. Taylor

89 So. 2d 503

Supreme Court of Florida | Filed: Sep 12, 1956 | Docket: 1257458

Cited 67 times | Published

administrator of the estate of the deceased, Section 45.11, Florida Statutes 1953, and F.S.A. Under the

Stern v. Miller

348 So. 2d 303

Supreme Court of Florida | Filed: Jun 9, 1977 | Docket: 1760683

Cited 45 times | Published

[7] Section 768.01, Florida Statutes. [8] Section 45.11, Florida Statutes (1965, as amended), Section

Stokes v. Liberty Mutual Insurance Company

213 So. 2d 695

Supreme Court of Florida | Filed: Jul 10, 1968 | Docket: 471521

Cited 40 times | Published

supra. The Stokes did not proceed under Fla. Stat. § 45.11, F.S.A., our so-called "survival statute". There

Ellis v. Brown

77 So. 2d 845

Supreme Court of Florida | Filed: Feb 9, 1955 | Docket: 1764154

Cited 28 times | Published

Fannie Lee Ellis, under the Survival Statute, Section 45.11, to recover damages for his decedent's loss

Atlas Properties, Inc. v. Didich

226 So. 2d 684

Supreme Court of Florida | Filed: Sep 17, 1969 | Docket: 449625

Cited 25 times | Published

administrator of Kay's estate under Fla. Stat. § 45.11 (1965) [now Fla. Stat. § 46.021 (1967), F.S. A]

Moragne v. State Marine Lines, Inc.

211 So. 2d 161, 1968 A.M.C. 2653

Supreme Court of Florida | Filed: May 29, 1968 | Docket: 2521116

Cited 21 times | Published

husband's estate, under the Florida Survival Statute, § 45.11, Fla. Stat., F.S.A., against the defendant-appellee

Whitman v. Red Top Sedan Service, Inc.

218 So. 2d 213

District Court of Appeal of Florida | Filed: Jan 21, 1969 | Docket: 470392

Cited 16 times | Published

his deceased wife, under the survival statute, § 45.11, now § 46.021 Fla. Stat., F.S.A. The defendants

Hollywood, Inc. v. City of Hollywood

321 So. 2d 65

Supreme Court of Florida | Filed: Apr 23, 1975 | Docket: 1256556

Cited 15 times | Published

was a defendant in possession of the land. Section 45.011, F.S.A., defines "plaintiff" as "any party

Red Top Cab and Baggage Co. v. Dorner

32 So. 2d 321, 159 Fla. 538, 1947 Fla. LEXIS 836

Supreme Court of Florida | Filed: Oct 31, 1947 | Docket: 3273106

Cited 15 times | Published

abated on the death of M.F. Fontaine pursuant to Section 45.11 F.S.A. and was barred by the Statute of limitations;

Love v. Hannah

72 So. 2d 39, 1954 Fla. LEXIS 1382

Supreme Court of Florida | Filed: Mar 23, 1954 | Docket: 456704

Cited 14 times | Published

other for damages under the survivor's statute, Section 45.11, Florida Statutes 1951, F.S.A. So far as the

Selfridge v. Allstate Insurance Company

219 So. 2d 127

District Court of Appeal of Florida | Filed: Feb 27, 1969 | Docket: 845672

Cited 13 times | Published

See 3 Fla.Jur., Assignments, § 5. *129 F.S. Section 45.11, F.S.A. 1965,[1] provided as to survivability

Provident Mgmt. Corp. v. TREASURE ISLAND

796 So. 2d 481, 2001 WL 543679

Supreme Court of Florida | Filed: May 24, 2001 | Docket: 2449095

Cited 12 times | Published

wrongful conduct on the part of appellant. [13] Section 45.011, Florida Statutes (1989), defines a "bond with

Legare v. United States

195 F. Supp. 557, 1961 U.S. Dist. LEXIS 2814

District Court, S.D. Florida | Filed: Feb 15, 1961 | Docket: 1067539

Cited 12 times | Published

under the Florida Survival of Action Statute, § 45.11 F.S.A. for his decedent's conscious pain and suffering

Clark v. Riley

595 F.3d 1258, 2010 U.S. App. LEXIS 2457, 108 Fair Empl. Prac. Cas. (BNA) 1284, 2010 WL 377020

Court of Appeals for the Eleventh Circuit | Filed: Feb 4, 2010 | Docket: 227312

Cited 10 times | Published

Norman J. Singer, Sutherland Statutory Construction § 45.11, at 61 (5th ed. 1993)). With these principles of

Haverty Furniture Co. v. McKesson & Robbins, Inc.

19 So. 2d 59, 154 Fla. 772, 1944 Fla. LEXIS 815

Supreme Court of Florida | Filed: Aug 1, 1944 | Docket: 3275204

Cited 10 times | Published

majority held that, under Section 4211 C.G.L., now Section 45.11, Fla. Stats. 1941, all actions for personal

Weed v. Bilbrey

201 So. 2d 771, 1967 A.M.C. 2662

District Court of Appeal of Florida | Filed: Jul 14, 1967 | Docket: 1182883

Cited 9 times | Published

Wayne Weed, prior to his death, pursuant to Florida Statute 45.11, F.S.A., and (2) for damages for the wrongful

Park v. Belford Trucking Co.

165 So. 2d 819

District Court of Appeal of Florida | Filed: Jun 9, 1964 | Docket: 1405706

Cited 9 times | Published

NOTES [1] § 768.01, Fla. Stat., F.S.A. [2] § 45.11, Fla. Stat., F.S.A. [3] § 59.07(4), Fla. Stat

Byrd v. Lohr

488 So. 2d 138, 11 Fla. L. Weekly 1067

District Court of Appeal of Florida | Filed: May 8, 1986 | Docket: 1685403

Cited 8 times | Published

representative under Florida's survival statute, then section 45.11, now section 46.021.[2] The court then stated:

Sinclair Refining Co. v. Butler

172 So. 2d 499

District Court of Appeal of Florida | Filed: Feb 26, 1965 | Docket: 1764618

Cited 8 times | Published

Scott Butler [pursuant to the survival statute, § 45.11, Fla. Stat., F.S.A.], instituted the action in

Florida East Coast Railway Company v. Stewart

140 So. 2d 880

District Court of Appeal of Florida | Filed: May 8, 1962 | Docket: 1522669

Cited 8 times | Published

brought under the Florida Survival Statute, i.e., § 45.11,[1] Fla. Stat., F.S.A. The second claim is predicated

Atlas Properties, Inc. v. Didich

213 So. 2d 278

District Court of Appeal of Florida | Filed: Aug 6, 1968 | Docket: 1278792

Cited 7 times | Published

not recoverable under the Florida Survival Act, § 45.11, Fla. Stat. (1965), F.S.A.; (3) the evidence was

In Re Klipple's Estate

101 So. 2d 924, 67 A.L.R. 2d 932

District Court of Appeal of Florida | Filed: Apr 10, 1958 | Docket: 1696683

Cited 7 times | Published

representative as the defendant in the tort action. See section 45.11, Fla. Stat., F.S.A.; rule 25 Federal Rules of

Bermudez v. Florida Power & Light Co.

433 So. 2d 565

District Court of Appeal of Florida | Filed: May 24, 1983 | Docket: 1426003

Cited 6 times | Published

survival action on behalf of the deceased under § 45.11, Fla. Stat. (1951). Secondly, under a strictly

Sinclair Refining Co. v. Butler

190 So. 2d 313

Supreme Court of Florida | Filed: Sep 28, 1966 | Docket: 1313567

Cited 6 times | Published

decedent's estate in a survival action brought under Section 45.11, Fla. Stat., to recover damages for the injuries

Foulk v. Perkins

181 So. 2d 704

District Court of Appeal of Florida | Filed: Jan 12, 1966 | Docket: 1654082

Cited 6 times | Published

damages to the decedent's estate pursuant to F.S. 45.11, F.S.A. The action arose out of fatal injuries

Rosin v. Peninsular Life Insurance Company

116 So. 2d 798

District Court of Appeal of Florida | Filed: Jan 6, 1960 | Docket: 1742116

Cited 6 times | Published

survival of actions in Florida as stated in section 45.11 Florida Statutes 1957, F.S.A., is as follows:

Sinnamon v. Fowlkes

101 So. 2d 375

Supreme Court of Florida | Filed: Mar 21, 1958 | Docket: 1326875

Cited 6 times | Published

* * of any compensatory damages under * * * Section 45.11," but permitted the allowance of punitive damages

Sinnamon v. Fowlkes

101 So. 2d 375

Supreme Court of Florida | Filed: Mar 21, 1958 | Docket: 1326875

Cited 6 times | Published

* * of any compensatory damages under * * * Section 45.11," but permitted the allowance of punitive damages

Sullivan v. Sessions

80 So. 2d 706

Supreme Court of Florida | Filed: Jun 1, 1955 | Docket: 365577

Cited 6 times | Published

Sessions, Sr., under the Survival Statute, Section 45.11, Fla.Stats. 1953, F.S.A. The complaint was dismissed

Hooper Const. Co. v. Drake

73 So. 2d 279, 1954 Fla. LEXIS 1522

Supreme Court of Florida | Filed: Jun 3, 1954 | Docket: 1765631

Cited 6 times | Published

prosecuted under the Survival after Death statute, Section 45.11, Florida Statutes, F.S.A., in which the Administrator

Atlantic Coast Line Railroad Company v. Turpak

225 So. 2d 340

District Court of Appeal of Florida | Filed: Jul 3, 1969 | Docket: 1731558

Cited 5 times | Published

husband's estate under the Survival Statute, F.S. § 45.11 F.S.A. The cases were tried together before a jury

Hill v. Colonial Enterprises, Inc.

219 So. 2d 51

District Court of Appeal of Florida | Filed: Feb 10, 1969 | Docket: 1705349

Cited 5 times | Published

William Alfred Sadler, under the authority of Section 45.11, F.S. 1963, F.S.A., and sought recovery from

Brailsford v. Campbell

89 So. 2d 241

Supreme Court of Florida | Filed: Mar 7, 1956 | Docket: 1675202

Cited 5 times | Published

personal representative of a deceased person under Section 45.11, Fla. Stat. 1953, F.S.A., the so-called Survival

Red Top Cab and Baggage Co. v. Dorner

31 So. 2d 409, 159 Fla. 366, 1947 Fla. LEXIS 785

Supreme Court of Florida | Filed: Jul 25, 1947 | Docket: 3271883

Cited 5 times | Published

on the death of M. F. Fontaine pursuant to Section 45.11 F.S.A. and was barred by the Statute of limitations;

Ward v. Orange Memorial Hospital Association, Inc.

193 So. 2d 492

District Court of Appeal of Florida | Filed: Dec 30, 1966 | Docket: 1710759

Cited 4 times | Published

her husband's estate under authority of F.S.A. § 45.11. It resulted in a verdict in the sum of $50,000

Burch v. Gilbert

148 So. 2d 289

District Court of Appeal of Florida | Filed: Jan 8, 1963 | Docket: 1732981

Cited 4 times | Published

S.A., together with the survival statute F.S. § 45.11, F.S.A. A jury verdict in favor of the administrator

Florida East Coast Railway Company v. Soper

146 So. 2d 605

District Court of Appeal of Florida | Filed: Sep 18, 1962 | Docket: 1182358

Cited 3 times | Published

brought by his estate under the survival statute, § 45.11, Fla. Stat., F.S.A., and wrongful death statute

Alabama Education Ass'n v. State Superintendent of Education

746 F.3d 1135

Court of Appeals for the Eleventh Circuit | Filed: Feb 5, 2014 | Docket: 65660426

Cited 2 times | Published

“political activity” to electioneering. See, e.g., § 45-11-231.11 (“Political activities”), which prohibits

Young v. ST. VINCENT'S MEDICAL CENTER

653 So. 2d 499, 1995 WL 234614

District Court of Appeal of Florida | Filed: Apr 24, 1995 | Docket: 552214

Cited 2 times | Published

(1971), superseded by F.S. 768.16.27 (1973). [6] F.S. 45.11 (1965), as amended, F.S. 46.021 (1971), superseded

STATE OF FLA., DEPT. OF HRS v. Friends of Children

653 F. Supp. 1221, 55 U.S.L.W. 2511, 1986 U.S. Dist. LEXIS 16013

District Court, N.D. Florida | Filed: Dec 24, 1986 | Docket: 2246431

Cited 1 times | Published

constitutionality." Sutherland Statutory Construction § 45.11 (4th Ed.1984). Although the legislature has generally

Doby v. Griffin

171 So. 2d 404

District Court of Appeal of Florida | Filed: Feb 3, 1965 | Docket: 64491952

Cited 1 times | Published

an action under the survival statute Fla.Stat. § 45.11, F.S.A. The case is one of two causes of action

R.J. Reynolds Tobacco Company v. Jennifer Rey

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962808

Published

limiting liability.”) (quotation marks omitted); cf. § 45.011(2), (3), Fla. Stat. (2023) (“(3) ‘Plaintiff’

James Snell v. United Specialty Insurance Company

Court of Appeals for the Eleventh Circuit | Filed: May 28, 2024 | Docket: 68086190

Published

Argued: Dec 13, 2023

4 Law and Prac. of Ins. Coverage Litig. § 45:11 (July 2023 Update) (emphasis added) (quotation

US Bank, N.A. v. Boyer

125 So. 3d 997, 2013 WL 3239624, 2013 Fla. App. LEXIS 10263

District Court of Appeal of Florida | Filed: Jun 28, 2013 | Docket: 60236155

Published

which the action is brought. (Emphasis added.) Section 45.011, Florida Statutes (2011), defines a “bond with

In re Supplemental Petition for Changes in the Florida Rules of Probate & Guardianship Procedure

344 So. 2d 828, 1977 Fla. LEXIS 3890

Supreme Court of Florida | Filed: Mar 31, 1977 | Docket: 64558090

Published

give a bond with sureties as prescribed in Section 45.011, Florida Statutes, conditioned to make due

In re Florida Rules of Probate & Guardianship Procedure

324 So. 2d 38, 1975 Fla. LEXIS 4473

Supreme Court of Florida | Filed: Dec 17, 1975 | Docket: 64551375

Published

give a bond with sureties as prescribed in Section 45.011, Florida Statutes, conditioned to make due

Niemi v. Mebane Oil Co.

303 So. 2d 661, 1974 Fla. App. LEXIS 8345

District Court of Appeal of Florida | Filed: Nov 22, 1974 | Docket: 64542822

Published

compensable element of damage recoverable under Florida Statute 45.11 [now § 46.021] ? Examination of the briefs

Colonial Enterprises, Inc. v. Hill

227 So. 2d 481, 1969 Fla. LEXIS 2141

Supreme Court of Florida | Filed: Oct 29, 1969 | Docket: 64511849

Published

judice was brought under authority of Fla.Stat., § 45.11 (now Fla. Stat., § 46.021, F.S.A.), by the daughter

Culloden v. Music

226 So. 2d 240, 1969 Fla. App. LEXIS 5252

District Court of Appeal of Florida | Filed: Sep 5, 1969 | Docket: 64511240

Published

of action for the death of any minor child. Section 45.11, Florida Statutes, provides that no action for

Smith v. Laskey

222 So. 2d 773, 1969 Fla. App. LEXIS 5857

District Court of Appeal of Florida | Filed: Apr 30, 1969 | Docket: 64509933

Published

was referred to as a survival action, under Section 45.11, F.S.1965 (now Section 46.021, F.S.1967, F.S

Osceola v. Greene

217 So. 2d 609, 1969 Fla. App. LEXIS 6382

District Court of Appeal of Florida | Filed: Jan 21, 1969 | Docket: 64507944

Published

damages as adminis-tratrix of his estate, under § 45.11, now § 46.021 Fla.Stat., F.S.A. The two cases were

Levy v. Baptist Hospital of Miami, Inc.

210 So. 2d 730, 1968 Fla. App. LEXIS 5597

District Court of Appeal of Florida | Filed: May 21, 1968 | Docket: 64505448

Published

executrix, pursuant to the survival statute, Fla.Stat. § 45.11 (1965), F.S.A. Included, inter alia, was a claim

O'Brien v. Mitchell

190 So. 2d 189, 1966 Fla. App. LEXIS 4874

District Court of Appeal of Florida | Filed: Sep 27, 1966 | Docket: 64498128

Published

in pari materia with the survival statute [Section 45.11] and the probate provision concerning resident

Smith v. Lassing

189 So. 2d 244, 1966 Fla. App. LEXIS 5189

District Court of Appeal of Florida | Filed: Jul 7, 1966 | Docket: 64497770

Published

768, F.S.A., and the survival statute, F.S.A. § 45.11. Judgment in the sum of $25,000.00 was entered

Phillippi Creek Homes, Inc. v. Arnold

174 So. 2d 552, 1965 Fla. App. LEXIS 4091

District Court of Appeal of Florida | Filed: Apr 28, 1965 | Docket: 64492925

Published

obligor has been modified by statute, Fla. Stat. § 45.11, F.S.A., which now provides: “Actions; surviving

Guarniere v. Henderson

171 So. 2d 617

District Court of Appeal of Florida | Filed: Feb 16, 1965 | Docket: 64492017

Published

this cause of action survived by reason of Section 45.-11. Clearly the surviving parents in this instance

Field v. Newsom

170 So. 2d 50

District Court of Appeal of Florida | Filed: Dec 22, 1964 | Docket: 64491508

Published

19(a) (1) Florida Rules of Civil Procedure and § 45.11 Fla.Stat., F.S.A.1 The Supreme Court of Florida

Birdsong v. Hendry

128 So. 2d 404, 1961 Fla. App. LEXIS 3020

District Court of Appeal of Florida | Filed: Mar 29, 1961 | Docket: 60197096

Published

offered at the trial under the survival statute, Section 45.11, Florida Statutes [F.S.A.], and the jury was

Cameron v. Mittuch

113 So. 2d 389, 1959 Fla. App. LEXIS 2599

District Court of Appeal of Florida | Filed: Jun 26, 1959 | Docket: 60192868

Published

in Volume 1 at page 254 (3rd Ed.1951). . Section 45.11, Fla.Stat., F.S.A., Necker v. Gallinger, 160

Levitt v. Oppenheimer

108 So. 2d 776, 1959 Fla. App. LEXIS 3029

District Court of Appeal of Florida | Filed: Feb 10, 1959 | Docket: 60191722

Published

J., and HORTON and PEARSON, JJ., concur. . Section 45.11, Fla.Stat., F.S.A. . Section 768.03, Fla.Stat

Fowlkes v. Sinnamon

97 So. 2d 626

District Court of Appeal of Florida | Filed: Oct 10, 1957 | Docket: 64489684

Published

damages, under the Survival of Action Statute, Section 45.11, Fla.Stat., F.S.A. On Christmas Eve, 1955, shortly

Martin v. Johns

91 So. 2d 332

Supreme Court of Florida | Filed: Dec 19, 1956 | Docket: 64488617

Published

above named appel-lee, as administratrix, under Section 45.11, Florida Statutes, F.S.A. At the second trial

Beaven v. Seaboard Air Line R.

100 F. Supp. 336, 1951 U.S. Dist. LEXIS 3928

District Court, N.D. Florida | Filed: Oct 18, 1951 | Docket: 65997960

Published

action under the Survival of Action Statute, Section 45.11, Florida Statutes 1941, F.S.A., to recover the

Necker v. Gallinger

35 So. 2d 647, 160 Fla. 547, 1948 Fla. LEXIS 794

Supreme Court of Florida | Filed: Jun 11, 1948 | Docket: 3269086

Published

upon the theory that the cause of action under Section 45.11, F.S.A., did not survive and the suit could