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

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

Court: District Court of Appeal of Florida | Date Filed: 2024-11-27

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

Mercury Ins. Co. of Florida v. Cooper

Court: District Court of Appeal of Florida | Date Filed: 2005-11-23

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

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: Supreme Court of Florida | Date Filed: 2004-09-30

Citation: 894 So. 2d 5, 2004 WL 2201474

Snippet: action where declaratory relief is sought.... .... 86.071 Jury trials. When an action under this chapter

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

Court: District Court of Appeal of Florida | Date Filed: 2002-10-09

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: District Court of Appeal of Florida | Date Filed: 2001-01-03

Citation: 788 So. 2d 992, 2001 WL 6187

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: District Court of Appeal of Florida | Date Filed: 1997-01-03

Citation: 686 So. 2d 723, 1997 Fla. App. LEXIS 7, 1997 WL 1834

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: District Court of Appeal of Florida | Date Filed: 1996-10-16

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

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: District Court of Appeal of Florida | Date Filed: 1992-03-06

Citation: 595 So. 2d 1005, 1992 WL 41470

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

Jacmar Pacific Pizza Corp. v. Huston

Court: District Court of Appeal of Florida | Date Filed: 1987-02-12

Citation: 502 So. 2d 91, 12 Fla. L. Weekly 498, 1987 Fla. App. LEXIS 6688

Snippet: DAUKSCH, Judge. This is an appeal from a judgment in a negligence case where compensatory and punitive damages were awarded. In order to prove entitlement to punitive damages it is required that the plaintiff establish that the conduct of the defendant was tantamount to willful, intentional and wanton disregard for others. Chrysler Corporation, etc. v. Wolmer, 499 So.2d 823 (Fla.1986); American Cynamid Co. v. Roy, 498 So.2d 859 (Fla.1986). Here, while there was proof that appellant Jac-mar was negligent

State v. Eber

Court: District Court of Appeal of Florida | Date Filed: 1987-01-20

Citation: 502 So. 2d 32, 1987 Fla. App. LEXIS 6367, 12 Fla. L. Weekly 304

Snippet: PER CURIAM. The trial court’s order granting the defendants’ consolidated motions to suppress evidence gathered by court authorized electronic surveillance, being amply supported by substantial competent evidence and controlling case law, is affirmed as to all defendants except Richard San Roman. Unlike the other defendants, San Roman is not an aggrieved person as that term is defined in Section 934.02(9), Florida Statutes (1981),1 and has no standing to complain of infringements on the constitutional

Randall v. State

Court: District Court of Appeal of Florida | Date Filed: 1986-11-26

Citation: 497 So. 2d 1326, 11 Fla. L. Weekly 2494, 1986 Fla. App. LEXIS 10849

Snippet: PER CURIAM. We affirm appellant’s conviction of robbery. The trial court’s departure from the sentencing guidelines based upon the habitual offender statute, section 775.084, Florida Statutes (1985), is reversed on the authority of Whitehead v. State, 498 So.2d 863 (Fla.1986). We remand for resentenc-ing in accordance with Rule 3.701, Florida Rules of Criminal Procedure. The trial court's order imposing $200 costs pursuant to section 27.3455, Florida Statutes (1985), is vacated because the crime

City of North Port v. Faust

Court: District Court of Appeal of Florida | Date Filed: 1986-02-14

Citation: 489 So. 2d 45, 11 Fla. L. Weekly 424, 1986 Fla. App. LEXIS 6385

Snippet: RYDER, Chief Judge. The lawsuit underlying this petition for the issuance of a writ of certiorari stems from a motorcycle accident within the city limits of North Port. The city was one of several defendants named in respondents’ complaint. North Port moved to dismiss the complaint for failure to state a cause of action, specifically claiming that the city was protected from suit by sovereign immunity. The city also contended that the cause of action did not accrue in Charlotte County. The trial

Valiante v. Allstate Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 1985-01-23

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

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: District Court of Appeal of Florida | Date Filed: 1984-08-08

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

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: District Court of Appeal of Florida | Date Filed: 1984-06-06

Citation: 450 So. 2d 914

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

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

Court: District Court of Appeal of Florida | Date Filed: 1984-02-01

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

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: District Court of Appeal of Florida | Date Filed: 1983-07-13

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

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

Weires v. Russo

Court: District Court of Appeal of Florida | Date Filed: 1982-11-02

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

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

Cooley v. Cody

Court: District Court of Appeal of Florida | Date Filed: 1979-12-11

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: District Court of Appeal of Florida | Date Filed: 1975-05-28

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

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