Florida Statutes
Fla. Stat. § 86.051 (2025)
Enumeration not exclusive.
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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.
Note.—Former s. 87.05.
Notes of Decisions
Cited in 18
cases (2 in the last 5 years), 1976–2024 · leading case: Higgins v. State Farm Fire & Cas. Co., 894 So. 2d 5 (Fla. 2004).
Higgins v. State Farm Fire & Cas. Co., 894 So. 2d 5 (Fla. 2004). “render *12 declaratory judgments on the existence or nonexistence of any immunity, power, privilege, or right, or 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…”
Sch. Bd. of Leon Cnty. v. Mitchell, 346 So. 2d 562 (Fla. 1st DCA 1977). “Although not intended to be an exclusive enumeration (see Section 86.051, Florida Statutes (1975)), some of the more common situations in which a declaratory judgment action is proper involve persons who may be in doubt about their rights under a deed, will, contract or other…”
Env't Confed. of Sw. Fl., Inc. v. Imc Phosphates, Inc., 857 So. 2d 207 (Fla. 1st DCA 2003). “" Consequently, I doubt very much that the panel's dismissal of the appeal in Environmental Confederation II was grounded on the trial court's reasoning.”
S. RIVERWALK INV. v. City of Ft. Lauderdale, 934 So. 2d 620 (Fla. 4th DCA 2006). “" § 86.051, Fla.Stat. (2003). The fact that additional dwelling units have not yet been allocated is not dispositive of the motion to dismiss.”
Marco Island Cable, Inc. v. Comcast Cablevision of the South, Inc., 509 F. Supp. 2d 1158 (M.D. Fla. 2007). “” Fla. Stat. § 86.051 . “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…”
Florida Farm Bureau Gen. Ins. Co. v. Peacock's Excavating Serv., Inc., 186 So. 3d 6 (Fla. 2d DCA 2015). “See § 86.051, Fla. Stat. (2009) (“Any declaratory judgment .”
Roberts v. Brown, 43 So. 3d 673 (Fla. 2010). “1st DCA 2001) (ruling that Gulf Power stated a claim for declaratory relief regarding tax treatment of a proposed electric power plant expansion, citing section 86.051, which provided that “[a]ny declaratory judgment rendered pursuant to this chapter may be rendered by way of…”
Conley v. Morley Realty Corp., 575 So. 2d 253 (Fla. 3d DCA 1991). “§ 86.051, Fla. Stat. (1989). In sum, plaintiff seeks a construction of a liquidated damages provision common to all of seller's standard form contracts, and in the circumstances, class action treatment is appropriate.”
Endress v. Fla. Dept. of Corr., 612 So. 2d 645 (Fla. 1st DCA 1993). “021, Florida Statutes, expressly authorizes such a remedy with regard to "any regulation made under statutory authority," and section 86.051, Florida Statutes, further provides that the court's general power to grant declaratory relief does not depend on a specific enumeration…”
Pandya v. Israel, 761 So. 2d 454 (Fla. 4th DCA 2000). “" § 86.051, Fla. Stat. (1997). The transaction involved potential ownership of units at the Resort where Israel was the other main property holder.”
Davis v. Gulf Power Corp., 799 So. 2d 298 (Fla. 1st DCA 2001). “See section 86.051, Fla. Stat. (1999)("[a]ny 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").”
Dade Cnty. v. Benenson, 326 So. 2d 74 (Fla. 3d DCA 1976). “arising [thereunder] Fla.Stat. § 86.051, on “Enumeration not exclusive,” states: “The enumeration in sections 86.”
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