Florida Statute 86.61 - 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. 86.061

86.061 Supplemental relief.—Further relief based on a declaratory judgment may be granted when necessary or proper. The application therefor shall be by motion to the court having jurisdiction to grant relief. If the application is sufficient, the court shall require any adverse party whose rights have been adjudicated by the declaratory judgment to show cause on reasonable notice, why further relief should not be granted forthwith.

History.—s. 7, ch. 21820, 1943; s. 38, ch. 67-254.

Note.—Former s. 87.07.

F.S. 86.061 on Google Scholar

F.S. 86.061 on CourtListener

Amendments to 86.061

Annotations, Discussions, Cases:

Cases Citing Statute 86.061

Total Results: 42

In Re Apportionment Law, Senate Joint Res. No. 1305

263 So. 2d 797

Supreme Court of Florida | Filed: May 12, 1972 | Docket: 1318593

Cited 27 times | Published

proceeding; therefore, the provisions of Fla. Stat. § 86.061, relating to supplemental relief, should apply

Days Inns Acquisition Corp. v. Hutchinson

707 So. 2d 747, 1997 Fla. App. LEXIS 14361, 1998 WL 25684

District Court of Appeal of Florida | Filed: Dec 24, 1997 | Docket: 1259582

Cited 15 times | Published

based on the default declaratory judgment. See § 86.061, Fla. Stat. (1995). [6] By this opinion we do

Board of Regents v. Stinson-Head, Inc.

504 So. 2d 1374, 12 Fla. L. Weekly 973, 1987 Fla. App. LEXIS 7619

District Court of Appeal of Florida | Filed: Apr 8, 1987 | Docket: 1511188

Cited 12 times | Published

prayer of the complaint can be had pursuant to section 86.061, Florida Statutes (1985), but the application

BD. OF T. OF INT. IMP. TRUST F. v. Mobil Oil

455 So. 2d 412

District Court of Appeal of Florida | Filed: Sep 4, 1984 | Docket: 1317107

Cited 11 times | Published

court having jurisdiction to grant relief. See § 86.061. [5] See also The Northern Indiana Railroad Co

BD. OF T. OF INT. IMP. TRUST F. v. Mobil Oil

455 So. 2d 412

District Court of Appeal of Florida | Filed: Sep 4, 1984 | Docket: 1317107

Cited 11 times | Published

court having jurisdiction to grant relief. See § 86.061. [5] See also The Northern Indiana Railroad Co

City of Mascotte v. FLORIDA MUN. LIABILITY SELF INSURERS PROGRAM

444 So. 2d 965, 1983 Fla. App. LEXIS 24329

District Court of Appeal of Florida | Filed: Dec 1, 1983 | Docket: 1510628

Cited 10 times | Published

in a declaratory judgment action filed under Section 86.061, Florida Declaratory Judgments Act. Because

McAllister v. BREAKERS SEVILLE ASS'N, INC.

41 So. 3d 405, 2010 Fla. App. LEXIS 11295, 2010 WL 3023298

District Court of Appeal of Florida | Filed: Aug 4, 2010 | Docket: 1927119

Cited 7 times | Published

further relief should not be granted forthwith. § 86.061, Fla. Stat. "It is generally held that a money

Port Everglades Authority v. ILA

652 So. 2d 1169, 1995 WL 92606

District Court of Appeal of Florida | Filed: Mar 8, 1995 | Docket: 475940

Cited 7 times | Published

at 867 (emphasis added). ILA asserts that section 86.061, Florida Statutes (1991), the supplemental

VISTA CENTRE v. Unlike Anything, Inc.

603 So. 2d 576, 1992 Fla. App. LEXIS 7764, 1992 WL 163938

District Court of Appeal of Florida | Filed: Jul 17, 1992 | Docket: 1475990

Cited 7 times | Published

Cilbe, Inc., 104 So.2d 397 (Fla. 2d DCA 1958); § 86.061, Fla. Stat. (1989); Fla.R.Civ.P. 1.110(b); Trawick

Gulf Life Insurance Company v. Urquiaga

251 So. 2d 904

District Court of Appeal of Florida | Filed: Jul 9, 1971 | Docket: 459292

Cited 7 times | Published

for supplemental relief as contemplated by F.S. § 86.061, F.S.A. 1969.

Mills v. Ball

344 So. 2d 635

District Court of Appeal of Florida | Filed: Apr 15, 1977 | Docket: 474783

Cited 6 times | Published

allegations of the petition were sufficient under § 86.061, Fla. Stat. (1975), to establish a prima facie

Inphynet Contracting Services, Inc., d/b/a Emergency Physicians of Delray, a Florida corporation, MD Now Medical Centers, etc. v. R v. Matthews III, Patricia Maher, Ron Depaolo, and Lauren McKelvey, as Personal Representative of the Estate of Scott M. McKelvey, etc.

196 So. 3d 449, 2016 Fla. App. LEXIS 9594

District Court of Appeal of Florida | Filed: Jun 22, 2016 | Docket: 3081248

Cited 5 times | Published

“supplemental relfef that may be appropriate under Section 86.061, Fla. Stat.” FDUTPA allows for injunctive relief

Florida House of Representatives v. League of Women Voters of Florida

118 So. 3d 198, 38 Fla. L. Weekly Supp. 565, 2013 WL 3466819, 2013 Fla. LEXIS 1427

Supreme Court of Florida | Filed: Jul 11, 2013 | Docket: 60233126

Cited 5 times | Published

authorized by the declaratory judgment law in section 86.061, Florida Statutes (1971). In re Apportionment

State Farm Mutual Auto. Ins. Co. v. Kendrick

780 So. 2d 231, 2001 Fla. App. LEXIS 1381, 2001 WL 121562

District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 1298406

Cited 5 times | Published

action suit for declaratory relief pursuant to Section 86.061 Florida Statutes (1999), is seeking to represent

Trafalgar Developers, Ltd. v. Morley

305 So. 2d 274, 1974 Fla. App. LEXIS 7443

District Court of Appeal of Florida | Filed: Dec 31, 1974 | Docket: 457251

Cited 5 times | Published

supplemental relief filed by defendants pursuant to § 86.061, Fla. Stat. Plaintiff-appellant appeals therefrom

Three Keys, Ltd. v. Kennedy Funding, Inc.

28 So. 3d 894, 2009 Fla. App. LEXIS 17293, 2009 WL 3877900

District Court of Appeal of Florida | Filed: Nov 20, 2009 | Docket: 1652592

Cited 4 times | Published

judgment may be granted when necessary or proper. § 86.061, Fla. Stat. (2007). We cannot say that no reasonable

In Re Apportionment of Law

281 So. 2d 484

Supreme Court of Florida | Filed: Aug 15, 1973 | Docket: 1676747

Cited 4 times | Published

Const., art. III, § 16(c), F.S.A., and Fla. Stat. § 86.061, F.S.A. We have sole jurisdiction to hear the

Mac Associates, Inc. v. LaMontagne

556 So. 2d 460, 1990 Fla. App. LEXIS 570, 1990 WL 7541

District Court of Appeal of Florida | Filed: Jan 31, 1990 | Docket: 64647976

Cited 3 times | Published

v. Pruitt, 156 Fla. 825, 24 So.2d 898 (1946); § 86.061 Fla.Stat. (1987). We treat this appeal as an appeal

Preuss v. United States Fire Ins. Co.

414 So. 2d 249, 1982 Fla. App. LEXIS 20688

District Court of Appeal of Florida | Filed: May 12, 1982 | Docket: 1706857

Cited 3 times | Published

supplemental relief pursuant to a declaratory decree. § 86.061, Fla. Stat. (1979). A trial court, therefore,

Koscot Interplanetary, Inc. v. State Ex Rel. Conner

230 So. 2d 24

District Court of Appeal of Florida | Filed: Jan 8, 1970 | Docket: 1312635

Cited 3 times | Published

to make effective the judgment. F.S. 1967, Section 86.061, F.S.A.; Thomas v. Cilbe, Inc., Fla.App. 1958

Hi-Shear Technology Corp. v. United Space Alliance, LLC

1 So. 3d 195, 2008 Fla. App. LEXIS 17283, 2008 WL 4889124

District Court of Appeal of Florida | Filed: Nov 14, 2008 | Docket: 1653743

Cited 2 times | Published

nor sought supplemental relief pursuant to section 86.061, Florida Statutes (2000). In fact, the first

Tara Woods SPE, LLC v. Cashin

116 So. 3d 492, 2013 WL 2278011, 2013 Fla. App. LEXIS 8358

District Court of Appeal of Florida | Filed: May 24, 2013 | Docket: 60232364

Cited 1 times | Published

motion for supplemental relief was filed. See § 86.061, Fla. Stat. (2011). Further, to the extent Ms

Reed v. Long

111 So. 3d 237, 2013 WL 1442216, 2013 Fla. App. LEXIS 5698

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60230783

Cited 1 times | Published

complaint states a cause of action is de novo). Section 86.061, Florida Statutes (1967), permits a court to

Louie's Oyster v. Villaggio Di Las Olas

902 So. 2d 901, 2005 Fla. App. LEXIS 8148, 2005 WL 1283524

District Court of Appeal of Florida | Filed: Jun 1, 2005 | Docket: 1674988

Cited 1 times | Published

judgment affirmed in Louie I. *902 Pursuant to section 86.061, Florida Statutes, Louie's then sought damages

Alamagan Corp. v. Daniels Group, Inc.

809 So. 2d 22, 2002 WL 113834

District Court of Appeal of Florida | Filed: Jan 30, 2002 | Docket: 1385643

Cited 1 times | Published

seeking supplemental relief pursuant to Florida Statute 86.061,[5] and requested an order to show cause

NIKKI ALVAREZ-SOWLES, AS CLERK AND COMPTROLLER OF PASCO COUNTY, FLORIDA v. PASCO COUNTY, FLORIDA

District Court of Appeal of Florida | Filed: Jun 7, 2024 | Docket: 68836349

Published

IV. Conclusion 6 We note that section 86.061 directs that "[t]he application [for

NIKKI ALVAREZ-SOWLES, AS CLERK AND COMPTROLLER OF PASCO COUNTY, FLORIDA v. PASCO COUNTY, FLORIDA

District Court of Appeal of Florida | Filed: Jan 17, 2024 | Docket: 68034141

Published

trial court erred in 6 We note that section 86.061 directs that "[t]he application [for

NIKKI ALVAREZ-SOWLES, AS CLERK AND COMPTROLLER OF PASCO COUNTY, FLORIDA v. PASCO COUNTY, FLORIDA

District Court of Appeal of Florida | Filed: Jan 17, 2024 | Docket: 68034141

Published

trial court erred in 6 We note that section 86.061 directs that "[t]he application [for

ACADEMY FOR POSITIVE LEARNING, INC. v. SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA

District Court of Appeal of Florida | Filed: Mar 22, 2023 | Docket: 63369318

Published

damages once their rights were adjudicated. See § 86.061, Fla. Stat. (2019); McAllister v. Breakers Seville

Leroy Mack v. USAA Casualty Insurance Company

Court of Appeals for the Eleventh Circuit | Filed: Apr 22, 2021 | Docket: 59845926

Published

declaratory judgment. See 28 U.S.C. § 2202; Fla. Stat. § 86.061. And, although we have not addressed the issue

Boulder Venture South, LLC v. Sabow

204 So. 3d 114, 2016 Fla. App. LEXIS 16982

District Court of Appeal of Florida | Filed: Nov 16, 2016 | Docket: 4539032

Published

the declaratory judgment statute. See § 86.061, Fla. Stat. (2016). On the face of the judgments

Department of Business and Professional Regulation v. Florida Association of Wholesale Distributors, Inc.

198 So. 3d 981, 2016 Fla. App. LEXIS 12034, 2016 WL 4204469

District Court of Appeal of Florida | Filed: Aug 10, 2016 | Docket: 4118420

Published

declaration of rights may be obtained by motion, see § 86.061, importantly, a future request for relief other

Spencer v. Gonzalez

731 So. 2d 111, 1999 Fla. App. LEXIS 4998, 1999 WL 219186

District Court of Appeal of Florida | Filed: Apr 16, 1999 | Docket: 64787824

Published

damages under 42 U.S.C. § 1983 is not moot. See § 86.061, Fla. Stat. (1997); Trafalgar Developers, Ltd

Leon County v. Department of Revenue

648 So. 2d 1215, 1995 Fla. App. LEXIS 147, 1995 WL 13428

District Court of Appeal of Florida | Filed: Jan 17, 1995 | Docket: 64753634

Published

Board then pursued supplemental relief under section 86.061, Florida Statutes, seeking recovery of the

Branca v. City of Miramar

602 So. 2d 1374, 1992 Fla. App. LEXIS 8650, 1992 WL 191304

District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 64669157

Published

harmless. Appropriate supplemental relief under section 86.061, Florida Statutes, may be sought notwithstanding

City of Tallahassee v. Talquin Electric Cooperative, Inc.

549 So. 2d 725, 14 Fla. L. Weekly 2275, 1989 Fla. App. LEXIS 5370, 1989 WL 113236

District Court of Appeal of Florida | Filed: Sep 26, 1989 | Docket: 64645265

Published

follows: The trial court had jurisdiction under Section 86.061, Florida Statutes to adjudicate the request

State, Department of Revenue v. Air Jamaica Ltd.

522 So. 2d 446, 13 Fla. L. Weekly 656, 1988 Fla. App. LEXIS 1042

District Court of Appeal of Florida | Filed: Mar 11, 1988 | Docket: 64633664

Published

Chapter 86, Florida Statutes, which provides in section 86.061 that supplemental relief based on a declaratory

Haft-Gaines Co. v. Lakes of Inverrary Condominiums, Inc.

432 So. 2d 729, 1983 Fla. App. LEXIS 19991

District Court of Appeal of Florida | Filed: Jun 8, 1983 | Docket: 64597437

Published

supplemental relief pursuant to a declaratory decree. § 86.-061, Fla.Stat. (1979). A trial court, therefore, has

Cardenas v. Smathers

351 So. 2d 21, 1977 Fla. LEXIS 3967

Supreme Court of Florida | Filed: Jun 30, 1977 | Docket: 64560870

Published

to Fla.Const., art. 3, (16)(c) F.S.A., and Fla.Stat. 86.061, F.S.A. We have sole jurisdiction to hear

In re Apportionment Law Appearing as Senate Joint Resolution Number 1305, 1972 Regular Session

279 So. 2d 14, 1973 Fla. LEXIS 5092

Supreme Court of Florida | Filed: Jun 6, 1973 | Docket: 64532718

Published

Const., art. III, § 16(c), F.S.A., and Fla.Stat. § 86.061, F.S.A. Tohari challenges the validity of Districts

Carl-Lou Realty Co. v. Kanter

261 So. 2d 187, 1972 Fla. App. LEXIS 6843

District Court of Appeal of Florida | Filed: Apr 25, 1972 | Docket: 64525560

Published

Farms, Inc. v. Peters, Fla.1958, 107 So.2d 30; § 86.061, Fla.Stat.

City of Miami Beach v. State ex rel. Gerstein

242 So. 2d 170, 1970 Fla. App. LEXIS 5334

District Court of Appeal of Florida | Filed: Dec 22, 1970 | Docket: 64517926

Published

rule as a motion for supplemental relief under § 86.061, Fla.Stat., F. S.A.; (3) in failing to strike