Florida Statutes
Fla. Stat. § 86.031 (2025)
Before breach.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
86.031 Before breach.—A contract may be construed either before or after there has been a breach of it.
Note.—Former s. 87.03.
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 1987–2021 · leading case: State Farm Fire & Cas. Co. v. Higgins, 788 So. 2d 992 (Fla. 4th DCA 2001).
State Farm Fire & Cas. Co. v. Higgins, 788 So. 2d 992 (Fla. 4th DCA 2001). “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.”
Colomar v. Mercy Hosp., Inc., 461 F. Supp. 2d 1265 (S.D. Fla. 2006). “The fact that she has not paid the full amount yet does not alter the fact that Mercy has demanded it from her. As such, the dispute as to the lawful amount owed needs to be resolved, either as a damages suit to recover any excess paid by Plaintiff, or as a declaratory judgment…”
Payne v. Humana Hosp. Orange Park, 661 So. 2d 1239 (Fla. 1st DCA 1995). “) Section 86.031, Florida Statutes (1991) provides: "A contract may be construed either before or after there has been a breach of it.”
Careers USA v. Sanctuary of Boca, 705 So. 2d 1362 (Fla. 1998). “§ 86.031, Fla. Stat. (1995). Careers argues that prospective litigants will be encouraged to file declaratory judgment actions before a breach has occurred if they bear no risk of having to pay prevailing party attorney's fees should the *1364 other party ultimately prevail.”
Conley v. Morley Realty Corp., 575 So. 2d 253 (Fla. 3d DCA 1991). “" § 86.031, Fla. Stat. (1989). Seller argues, however, that the contract is clear on its face, so that there can be no doubt of the parties' rights and obligations.”
Lutz v. Prot. Life Ins. Co., 951 So. 2d 884 (Fla. 4th DCA 2007). “Section 86.031 provides that under the Declaratory Judgment statute, "[a] contract may be construed either before or after there has been a breach of it.”
O'Donnell v. Colonial Penn Ins. Co., 509 So. 2d 371 (Fla. 3d DCA 1987). “contract_ Section 86.031 provides that a contract may be construed “before .”
Mandarin Lakes Cmty. Ass'n, Inc. v. Mandarin Lakes Neighborhood Homeowners Ass'n, Inc. (Fla. 3d DCA 2021). “” § 86.031, Fla. Stat. In this same vein, any declaratory judgment “may be rendered by way of anticipation with respect to any act not yet done or any event which has not yet happened.”
Imperial Fire & Cas. Ins. Co. v. Ariel Acosta (Fla. 3d DCA 2021). “” § 86.031, Fla. Stat. A viable complaint for declaratory relief must allege, at a minimum, that: (1) there is a bona fide dispute between the parties; (2) the plaintiff has a justiciable question as to the existence or nonexistence of some right, status, immunity, power or…”
Milani v. Palm Beach Cnty., 973 So. 2d 1222 (Fla. 4th DCA 2008). “§ 86.031, Fla. Stat. (2005). Although the trial court thought that the dispute was premature, as no easement had been granted to Boca Highlands as yet, “[t]he fact that a controversy had not matured may not always be essential.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.