Florida Statute 86.51 - 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. 86.051

86.051 Enumeration not exclusive.—The enumeration in ss. 86.021, 86.031 and 86.041 does not limit or restrict the exercise of the general powers conferred in s. 86.011 in any action where declaratory relief is sought. Any declaratory judgment rendered pursuant to this chapter may be rendered by way of anticipation with respect to any act not yet done or any event which has not yet happened, and in such case the judgment shall have the same binding effect with respect to that future act or event, and the rights or liability to arise therefrom, as if that act or event had already been done or had already happened before the judgment was rendered.

History.—s. 5, ch. 21820, 1943; s. 38, ch. 67-254.

Note.—Former s. 87.05.

F.S. 86.051 on Google Scholar

F.S. 86.051 on CourtListener

Amendments to 86.051

Annotations, Discussions, Cases:

Cases Citing Statute 86.051

Total Results: 16

Higgins v. State Farm Fire and Cas. Co.

894 So. 2d 5, 2004 WL 2201474

Supreme Court of Florida | Filed: Sep 30, 2004 | Docket: 1768483

Cited 48 times | Published

added); (2) the part of the Act, now found in section 86.051, which provides that the enumeration in section

School Bd. of Leon County v. Mitchell

346 So. 2d 562, 1977 Fla. App. LEXIS 16041

District Court of Appeal of Florida | Filed: May 4, 1977 | Docket: 1411070

Cited 39 times | Published

intended to be an exclusive enumeration (see Section 86.051, Florida Statutes (1975)), some of the more

ENVIRONMENTAL CONFED. OF SOUTHWEST FL., INC. v. IMC Phosphates, Inc.

857 So. 2d 207, 2003 WL 21755058

District Court of Appeal of Florida | Filed: Oct 28, 2003 | Docket: 1737464

Cited 10 times | Published

done or any event which has not yet happened." § 86.051, Fla. Stat. (2002). It is abundantly obvious in

Roberts v. Brown

43 So. 3d 673, 35 Fla. L. Weekly Supp. 467, 2010 Fla. LEXIS 1452, 2010 WL 3398795

Supreme Court of Florida | Filed: Aug 31, 2010 | Docket: 60295464

Cited 7 times | Published

proposed electric power plant expansion, citing section 86.051, which provided that “[a]ny declaratory judgment

S. RIVERWALK INV. v. City of Ft. Lauderdale

934 So. 2d 620, 2006 WL 2058396

District Court of Appeal of Florida | Filed: Jul 26, 2006 | Docket: 1461064

Cited 6 times | Published

done or any event which has not yet happened...." § 86.051, Fla.Stat. (2003). The fact that additional dwelling

Pandya v. Israel

761 So. 2d 454, 2000 WL 726486

District Court of Appeal of Florida | Filed: Jun 7, 2000 | Docket: 1709359

Cited 4 times | Published

done or any event which has not yet happened." § 86.051, Fla. Stat. (1997). The transaction involved potential

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

already happened before the judgment was rendered. § 86.051, Fla. Stat. (1989). In sum, plaintiff seeks a

Davis v. Gulf Power Corp.

799 So. 2d 298, 2001 WL 1167398

District Court of Appeal of Florida | Filed: Oct 4, 2001 | Docket: 1681726

Cited 2 times | Published

stated a claim for declaratory relief. See section 86.051, Fla. Stat. (1999)("[a]ny declaratory judgment

Florida Farm Bureau General Insurance Co. v. Peacock's Excavating Service, Inc.

186 So. 3d 6, 2015 WL 7573934, 2015 Fla. App. LEXIS 11205

District Court of Appeal of Florida | Filed: Jul 24, 2015 | Docket: 60253890

Cited 1 times | Published

moment for purposes of *10declaratory relief. See § 86.051, Fla. Stat. (2009) (“Any declaratory judgment

Marco Island Cable, Inc. v. Comcast Cablevision of the South, Inc.

509 F. Supp. 2d 1158, 2007 U.S. Dist. LEXIS 16597, 2007 WL 779108

District Court, M.D. Florida | Filed: Mar 8, 2007 | Docket: 310153

Cited 1 times | Published

where declaratory relief is sought." Fla. Stat. § 86.051. "Any declaratory judgment rendered pursuant to

Endress v. FLA. DEPT. OF CORRECTIONS

612 So. 2d 645, 1993 WL 5047

District Court of Appeal of Florida | Filed: Jan 14, 1993 | Docket: 1677015

Cited 1 times | Published

regulation made under statutory authority," and section 86.051, Florida Statutes, further provides that the

University of Florida Board of Trustees, and The Florida Board of Governors v. Browning, Boisse

District Court of Appeal of Florida | Filed: Apr 3, 2024 | Docket: 68404274

Published

(emphasis supplied). 2 Regardless, 2 See also § 86.051, Fla. Stat. (allowing for a declaration to be

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

done or any event which has not yet happened.” § 86.051, Fla. Stat.

Pembroke Center, LLC v. State, Department of Transportation

64 So. 3d 737, 2011 Fla. App. LEXIS 10189, 2011 WL 2555569

District Court of Appeal of Florida | Filed: Jun 29, 2011 | Docket: 60301570

Published

934 So.2d 620, 623 (Fla. 4th DCA 2006) (quoting § 86.051, Fla. Stat. (2003)). “A party is entitled to a

C.A.T. LLC. v. Island Developers, Ltd.

827 So. 2d 373, 2002 Fla. App. LEXIS 14578, 2002 WL 31251000

District Court of Appeal of Florida | Filed: Oct 9, 2002 | Docket: 64817913

Published

CAT’s derivative/declaratory action. Further, Section 86.051 re-emphasizes this legislative injunction:

Dade County v. Benenson

326 So. 2d 74, 1976 Fla. App. LEXIS 14261

District Court of Appeal of Florida | Filed: Jan 13, 1976 | Docket: 64552208

Published

construction or validity .arising [thereunder] Fla.Stat. § 86.051, on “Enumeration not exclusive,” states: “The