Florida Statute 86.071 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 86
DECLARATORY JUDGMENTS

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F.S. 86.071

86.071 Jury trials.—When an action under this chapter concerns the determination of an issue of fact, the issue may be tried as issues of fact are tried in other civil actions in the court in which the proceeding is pending. To settle questions of fact necessary to be determined before judgment can be rendered, the court may direct their submission to a jury. When a declaration of right or the granting of further relief based thereon concerns the determination of issues of fact triable by a jury, the issues may be submitted to a jury in the form of interrogatories, with proper instructions by the court, whether a general verdict is required or not. Neither this section nor any other section of this chapter shall be construed as requiring a jury to determine issues of fact in chancery actions.

History.—s. 8, ch. 21820, 1943; s. 38, ch. 67-254.

Note.—Former s. 87.08.

F.S. 86.071 on Google Scholar

F.S. 86.071 on Casetext

Amendments to 86.071

Arrestable Offenses / Crimes under Fla. Stat. 86.071

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 86.071.

Annotations, Discussions, Cases:

Cases Citing Statute 86.071

Total Results: 20

Mercury Ins. Co. of Florida v. Cooper

Court: Fla. Dist. Ct. App. | Date Filed: 2005-11-22T23:53:00-08:00

Citation: 919 So. 2d 491

Snippet: declaratory actions, it is curious why section 86.071 provides that `a determination of an issue of fact

Higgins v. State Farm Fire and Cas. Co.

Court: Fla. | Date Filed: 2004-09-30T00:00:00-07:00

Citation: 894 So. 2d 5

Snippet: action where declaratory relief is sought.... .... 86.071 Jury trials. When an action under this chapter…; (3) the part of the Act, now found in section 86.071, which provides for jury trials when an action …Fourth District that sections 86.011(2), 86.051, 86.071, and 86.101 support the conclusion that an insurer…contemplated fact-finding in declaratory actions. Section 86.071 expressly provides a mechanism for jury trials … declaratory actions, it is curious why section 86.071 provides that "a determination of an issue

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

Court: Fla. Dist. Ct. App. | Date Filed: 2002-10-09T00:00:00-07:00

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

Snippet: granted, 794 So.2d 604 (Fla.2001). . Section 86.071 provides specifically for the determination of

State Farm Fire and Casualty Co. v. Higgins

Court: Fla. Dist. Ct. App. | Date Filed: 2001-01-02T23:53:00-08:00

Citation: 788 So. 2d 992

Snippet: jury. Compare § 87.08, Fla.Stat. (1951) with § 86.071, Fla.Stat. (2000). The supreme court followed Columbia

Johnson v. Circuit Court, Eighteenth Judicial Circuit

Court: Fla. Dist. Ct. App. | Date Filed: 1997-01-03T00:00:00-08:00

Citation: 686 So. 2d 723

Snippet: Supreme Court in Johnson v. Fifth District, No. 86, 071, 662 So.2d 342 (Fla.1995) and Johnson v. Fifth

Southern Farm Bureau Casualty Insurance Co. v. Pro Lockshop, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1996-10-16T00:00:00-07:00

Citation: 681 So. 2d 840

Snippet: of fact are tried as in other civil actions. § 86.071, Fla. Stat. (1995). The right to jury trial is

Allstate Ins. Co. v. Conde

Court: Fla. Dist. Ct. App. | Date Filed: 1992-03-05T23:53:00-08:00

Citation: 595 So. 2d 1005

Snippet: declaratory actions, it is curious why section 86.071 provides that "a determination of an issue

Jacmar Pacific Pizza Corp. v. Huston

Court: Fla. Dist. Ct. App. | Date Filed: 1987-02-12T00:00:00-08:00

Citation: 502 So. 2d 91

Snippet: ., and SHARP, J., concur. Nos. 85-1779, 86-71 District Court of Appeal of Florida fladistctapp

State v. Eber

Court: Fla. Dist. Ct. App. | Date Filed: 1987-01-20T00:00:00-08:00

Citation: 502 So. 2d 32

Snippet: was directed." Nos. 86-65, 86-70, 86-71, 86-72 and 86-75 District Court of Appeal of Florida

Randall v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1986-11-26T00:00:00-08:00

Citation: 497 So. 2d 1326

Snippet: , DELL and GUNTHER, JJ., concur. No. 4-86-0071 District Court of Appeal of Florida fladistctapp

City of North Port v. Faust

Court: Fla. Dist. Ct. App. | Date Filed: 1986-02-14T00:00:00-08:00

Citation: 489 So. 2d 45

Snippet: dismissed” is not an issue before us. No. 86-71 District Court of Appeal of Florida fladistctapp

Valiante v. Allstate Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1985-01-22T23:53:00-08:00

Citation: 462 So. 2d 590

Snippet: trial. Allstate now concedes that under section 86.071, Florida Statutes (1983), Valiante has a right

Board of Trustees, Town of Palm Beach Employees Retirement System v. Connor

Court: Fla. Dist. Ct. App. | Date Filed: 1984-08-08T00:00:00-07:00

Citation: 453 So. 2d 910

Snippet: ultimately determined by the jury pursuant to section 86.071, Florida Statutes (1983). That meant a full exploration

FRWP, INC. v. Home Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1984-06-06T00:53:00-07:00

Citation: 450 So. 2d 914

Snippet: right to a jury trial is directory (permissive). § 86.071, Fla. Stat. (1983); Gerstein v. "Pleasure

Coral Gables Federal Savings & Loan Ass'n v. City of Lighthouse Point

Court: Fla. Dist. Ct. App. | Date Filed: 1984-02-01T00:00:00-08:00

Citation: 444 So. 2d 92

Snippet: parties in this case is the existence of Section 86.071, Florida Statutes (1981), which provides in part

Petrou v. South Carolina Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1983-07-13T00:53:00-07:00

Citation: 435 So. 2d 316

Snippet: demand for jury trial and stated that under Section 86.071, Florida Statutes (1981), the court had discretion

Weires v. Russo

Court: Fla. Dist. Ct. App. | Date Filed: 1982-11-02T00:00:00-08:00

Citation: 421 So. 2d 670

Snippet: Rourke, 321 So.2d 612 (Fla. 2d DCA 1975); Section 86.071 Florida Statutes (1981). No. 82-243 District

Cooley v. Cody

Court: Fla. Dist. Ct. App. | Date Filed: 1979-12-10T23:53:00-08:00

Citation: 377 So. 2d 796

Snippet: province of the equity court to determine. Section 86.071, Fla. Stat. (1977), authorizes jury trials in actions

Lambert v. Justus

Court: Fla. Dist. Ct. App. | Date Filed: 1975-05-28T00:00:00-07:00

Citation: 313 So. 2d 140

Snippet: direct their submission to a jury. Fla.Stat. § 86.071 (1973). The procedure followed in Sinclair and

Commodore Plaza, Etc. v. Century 21, Etc.

Court: Fla. Dist. Ct. App. | Date Filed: 1974-02-12T00:53:00-07:00

Citation: 290 So. 2d 539

Snippet: App. 1971, 248 So.2d 682; see also, Fla. Stat. § 86.071, F.S.A.[2] Therefore, for the reasons stated and…grant and dissolve injunctions. [2] Fla. Stat. § 86.071, F.S.A., pertaining to declaratory judgments, reads