Florida Statutes

Fla. Stat. § 86.011 (2025)

Jurisdiction of trial court.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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86.011 Jurisdiction of trial court.—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 declaratory judgment is demanded. The court’s declaration may be either affirmative or negative in form and effect and such declaration has the force and effect of a final judgment. The court may render declaratory judgments on the existence, or nonexistence:

(1) Of any immunity, power, privilege, or right; or

(2) Of any fact upon which the existence or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. Any person seeking a declaratory judgment may also demand additional, alternative, coercive, subsequent, or supplemental relief in the same action.

History.—s. 1, ch. 21820, 1943; s. 2, ch. 29737, 1955; s. 38, ch. 67-254; s. 3, ch. 90-269.

Note.—Former s. 87.01.

Notes of Decisions

Cited in 225 cases (37 in the last 5 years), 1969–2026 · leading case: Higgins v. State Farm Fire & Cas. Co., 894 So. 2d 5 (Fla. 2004).

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Higgins v. State Farm Fire & Cas. Co., 894 So. 2d 5 (Fla. 2004). · cites it 9× “021, upon which the Court relied in Columbia Casualty, does not limit or restrict the exercise of the general powers conferred in section 86.011; (3) the part of the Act, now found in section 86.”

State Farm Fire & Cas. Co. v. Higgins, 788 So. 2d 992 (Fla. 4th DCA 2001). · cites it 4× “This language is similar to that in section 86.011, Florida Statutes (2000). Both versions of the statute provided that "[a] contract may be construed either before or after there has been a breach" thereof.”

Allstate Ins. Co. v. Conde, 595 So. 2d 1005 (Fla. 5th DCA 1992). · cites it 7× “The view allowing a declaratory action in this situation does so because of the present wording of paragraph (2) of section 86.011, Florida Statutes (1989), which commences: "Of any fact .”

Bd. of Trs., Jacksonville Police & Fire Pension Fund, etc. v. Curtis W. Lee, 189 So. 3d 120 (Fla. 2016). · cites it 3× “-3- Eventually, Lee sought declaratory relief pursuant to section 86.011, Florida Statutes (2009), alleging that certain conditions and fees imposed by the Pension Fund prior to allowing him to inspect or copy the public records he requested were not legally valid.”

Dep't of Rev. v. Amrep Corp., 358 So. 2d 1343 (Fla. 1978). · cites it 6× “" [3] § 86.011, Fla. Stat. (1975), provides: "The circuit courts have jurisdiction to declare rights, status and other equitable or legal relations whether or not further relief is or could be claimed.”

Nationwide Mut. Co. v. Ft. Myers Total Rehab Ctr., Inc., 657 F. Supp. 2d 1279 (M.D. Fla. 2009). · cites it 4× “Declaratory Relief — Count VI Defendants argues that Fla. Stat. § 86.011 does not provide a substantive right and therefore the Court must determine whether it has jurisdiction under 28 U.”

Canal Ins. Co. v. Reed, 666 So. 2d 888 (Fla. 1996). · cites it 4× “4136, and in part because of section 86.011, Florida Statutes (1993), the statute governing declaratory judgment actions.”

MacKenzie v. Centex Homes Ex Rel. Centex Real Est. Corp., 208 So. 3d 790 (Fla. 5th DCA 2016). · cites it 4× “,”§ 86.011, Fla. Stat. To obtain a declaratory judgment “the plaintiff must show a bona fide, actual, present, and practical need for the declaration.”

Martinez v. Scanlan, 582 So. 2d 1167 (Fla. 1991). · cites it 2× “1953); see § 86.011, Fla. Stat. (1989). In the case at bar, Scanlan and Martinez are disputing the constitutionality of the 1989 and 1990 amendments to the workers' compensation law.”

Humana Med. Plan, Inc. v. Reale, 180 So. 3d 195 (Fla. 3d DCA 2015). · cites it 7× “To expedite the process, the parties stipulated to the relevant facts, and the Reales filed a motion for final judgment. On October 30, 2012, the circuit court entered final summary judgment, finding that it had subject-matter jurisdiction pursuant to section 86.”

Depaola v. Town of Davie, 872 So. 2d 377 (Fla. 4th DCA 2004). · cites it 5× “§ 86.011, Fla. Stat. Although some of the relief sought in DePaola's complaint asks the trial court for more than declaratory relief, section 86.”

Florida House of Representatives v. Crist, 999 So. 2d 601 (Fla. 2008). · cites it 2× “, with § 86.011, Fla. Stat. (2007); but see art.”

Show all 225 citing cases →

— 86.011(1) — 2 cases

State Dep't of Env't Prot. v. Garcia, 99 So. 3d 539 (Fla. 3d DCA 2011).

De Campos v. Ferrara, 90 So. 3d 865 (Fla. 3d DCA 2012).

— 86.011(2) — 17 cases

Higgins v. State Farm Fire & Cas. Co., 894 So. 2d 5 (Fla. 2004). “021, upon which the Court relied in Columbia Casualty, does not limit or restrict the exercise of the general powers conferred in section 86.011; (3) the part of the Act, now found in section 86.”

Gulf Pines Mem'l Park, Inc. v. Oaklawn Mem'l Park, Inc., 361 So. 2d 695 (Fla. 1978).

X Corp. v. Y Person, 622 So. 2d 1098 (Fla. 2d DCA 1993).

Argus Photonics Grp., Inc. v. Dickenson, 841 So. 2d 598 (Fla. 4th DCA 2003).

Lewis Oil Co., Inc. v. Alachua Cnty., 496 So. 2d 184 (Fla. 1st DCA 1986).

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