Florida Statute 86.31 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 86
DECLARATORY JUDGMENTS

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F.S. 86.031

86.031 Before breach.—A contract may be construed either before or after there has been a breach of it.

History.—s. 3, ch. 21820, 1943; s. 38, ch. 67-254.

Note.—Former s. 87.03.

F.S. 86.031 on Google Scholar

F.S. 86.031 on CourtListener

Amendments to 86.031

Annotations, Discussions, Cases:

Cases Citing Statute 86.031

Total Results: 10

State Farm Fire and Casualty Co. v. Higgins

788 So. 2d 992, 2001 WL 6187

District Court of Appeal of Florida | Filed: Jan 3, 2001 | Docket: 1286759

Cited 26 times | Published

thereof. Compare § 87.03, Fla.Stat. (1951) with § 86.031, Fla.Stat (2000). Both versions allowed for the

Payne v. Humana Hosp. Orange Park

661 So. 2d 1239, 1995 WL 598027

District Court of Appeal of Florida | Filed: Oct 12, 1995 | Docket: 1526372

Cited 13 times | Published

legal relations thereunder. (Emphasis added.) Section 86.031, Florida Statutes (1991) provides: "A contract

Lutz v. PROTECTIVE LIFE INSURANCE COMPANY

951 So. 2d 884, 2007 Fla. App. LEXIS 41, 2007 WL 5768

District Court of Appeal of Florida | Filed: Jan 3, 2007 | Docket: 2539828

Cited 10 times | Published

to his out-of-state group insurance policy. Section 86.031 provides that under the Declaratory Judgment

Careers USA v. Sanctuary of Boca

705 So. 2d 1362, 23 Fla. L. Weekly Supp. 31, 1998 Fla. LEXIS 38, 1998 WL 10587

Supreme Court of Florida | Filed: Jan 15, 1998 | Docket: 1753783

Cited 9 times | Published

disputes before a breach of contract has occurred. § 86.031, Fla. Stat. (1995). Careers argues that prospective

Conley v. Morley Realty Corp.

575 So. 2d 253, 1991 Fla. App. LEXIS 958, 1991 WL 15561

District Court of Appeal of Florida | Filed: Feb 12, 1991 | Docket: 1731175

Cited 4 times | Published

before or after there has been a breach of it." § 86.031, Fla. Stat. (1989). Seller argues, however, that

Colomar v. Mercy Hospital, Inc.

461 F. Supp. 2d 1265, 2006 U.S. Dist. LEXIS 84543, 2006 WL 3359502

District Court, S.D. Florida | Filed: Nov 17, 2006 | Docket: 2178448

Cited 3 times | Published

determine the lawful amount owed. See Fla Stat. § 86.031 (declaratory judgment action can proceed "before

IMPERIAL FIRE & CASUALTY INSURANCE COMPANY v. ARIEL ACOSTA

District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858271

Published

before or after there has been a breach of it.” § 86.031, Fla. Stat. A viable complaint for declaratory

MANDARIN LAKES COMMUNITY ASSOCIATION, INC. v. MANDARIN LAKES NEIGHBORHOOD HOMEOWNERS ASSOCIATION, INC.

District Court of Appeal of Florida | Filed: Jun 2, 2021 | Docket: 59954633

Published

before or after there has been a breach of it.” § 86.031, Fla. Stat. In this same vein, any declaratory

Milani v. Palm Beach County

973 So. 2d 1222, 2008 Fla. App. LEXIS 717, 2008 WL 183359

District Court of Appeal of Florida | Filed: Jan 23, 2008 | Docket: 64853869

Published

be construed either before or after a breach. § 86.031, Fla. Stat. (2005). Although the trial court thought

O'Donnell v. Colonial Penn Insurance Co.

509 So. 2d 371, 12 Fla. L. Weekly 1533, 1987 Fla. App. LEXIS 9034

District Court of Appeal of Florida | Filed: Jun 23, 1987 | Docket: 64628201

Published

or validity arising under such ... contract_ Section 86.031 provides that a contract may be construed “before