Florida Statute 86.71 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 86
DECLARATORY JUDGMENTS

View Entire Chapter

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 CourtListener

Amendments to 86.071

Annotations, Discussions, Cases:

Cases Citing Statute 86.071

Total Results: 18

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

011; (3) the part of the Act, now found in section 86.071, which provides for jury trials when an action

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

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

Allstate Ins. Co. v. Conde

595 So. 2d 1005, 1992 WL 41470

District Court of Appeal of Florida | Filed: Mar 6, 1992 | Docket: 1709022

Cited 20 times | Published

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

Zibtluda, LLC v. Gwinnett County Ex Rel. Board of Commissioners

411 F.3d 1278, 2005 U.S. App. LEXIS 10720, 2005 WL 1362711

Court of Appeals for the Eleventh Circuit | Filed: Jun 9, 2005 | Docket: 398360

Cited 10 times | Published

stores, arcades, hotels, and motels. 2001 Ordinance § 86-71. The 2001 Ordinance, in other words, regulates

New Amsterdam Cas. Co. v. Intercity Supply Corp.

212 So. 2d 110, 1968 Fla. App. LEXIS 5278

District Court of Appeal of Florida | Filed: Jun 13, 1968 | Docket: 460633

Cited 10 times | Published

1965, Section 87.08, F.S.A. (now F.S. 1967, Section 86.071, F.S.A.) which provides for the use of a jury

Mercury Ins. Co. of Florida v. Cooper

919 So. 2d 491, 2005 Fla. App. LEXIS 18577, 2005 WL 3116164

District Court of Appeal of Florida | Filed: Nov 23, 2005 | Docket: 2515727

Cited 5 times | Published

finding in declaratory actions, it is curious why section 86.071 provides that `a determination of an issue

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

290 So. 2d 539

District Court of Appeal of Florida | Filed: Feb 12, 1974 | Docket: 450841

Cited 4 times | Published

App. 1971, 248 So.2d 682; see also, Fla. Stat. § 86.071, F.S.A.[2] Therefore, for the reasons stated and

FRWP, INC. v. Home Ins. Co.

450 So. 2d 914

District Court of Appeal of Florida | Filed: Jun 6, 1984 | Docket: 1432944

Cited 3 times | Published

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

Petrou v. South Carolina Ins. Co.

435 So. 2d 316, 1983 Fla. App. LEXIS 21726

District Court of Appeal of Florida | Filed: Jul 13, 1983 | Docket: 1328425

Cited 2 times | Published

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

Cooley v. Cody

377 So. 2d 796

District Court of Appeal of Florida | Filed: Dec 11, 1979 | Docket: 423293

Cited 2 times | Published

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

Valiante v. Allstate Insurance Co.

462 So. 2d 590, 10 Fla. L. Weekly 253

District Court of Appeal of Florida | Filed: Jan 23, 1985 | Docket: 1089258

Cited 1 times | Published

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

Larry Darnell Springer, Sr., Individually, and as Trustee of The, Larry Darnell Springer, Sr. Trust v. Charlotte Miller Merricks

District Court of Appeal of Florida | Filed: Nov 27, 2024 | Docket: 69419599

Published

permits juries to make factual determinations. § 86.071, Fla. Stat. (2022). However, “[t]he court has

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

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

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

681 So. 2d 840, 1996 Fla. App. LEXIS 10785, 1996 WL 590775

District Court of Appeal of Florida | Filed: Oct 16, 1996 | Docket: 64768449

Published

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

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

453 So. 2d 910, 9 Fla. L. Weekly 1728, 1984 Fla. App. LEXIS 14611

District Court of Appeal of Florida | Filed: Aug 8, 1984 | Docket: 64606236

Published

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

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

444 So. 2d 92, 1984 Fla. App. LEXIS 11609

District Court of Appeal of Florida | Filed: Feb 1, 1984 | Docket: 64602287

Published

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

Weires v. Russo

421 So. 2d 670, 1982 Fla. App. LEXIS 28170

District Court of Appeal of Florida | Filed: Nov 2, 1982 | Docket: 64593134

Published

O’Rourke, 321 So.2d 612 (Fla. 2d DCA 1975); Section 86.071 Florida Statutes (1981).

Lambert v. Justus

313 So. 2d 140, 1975 Fla. App. LEXIS 14908

District Court of Appeal of Florida | Filed: May 28, 1975 | Docket: 64546619

Published

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