Florida Statutes
Fla. Stat. § 86.091 (2025)
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86.091 Parties.—When declaratory relief is sought, all persons may be made parties who have or claim any interest which would be affected by the declaration. No declaration shall prejudice the rights of persons not parties to the proceedings. In any proceeding concerning the validity of a county or municipal charter, ordinance, or franchise, such county or municipality shall be made a party and shall be entitled to be heard. If the statute, charter, ordinance, or franchise is alleged to be unconstitutional, the Attorney General or the state attorney of the judicial circuit in which the action is pending shall be served with a copy of the complaint and be entitled to be heard.
Note.—Former s. 87.10.
Notes of Decisions
Cited in 55
cases (7 in the last 5 years), 1969–2025 · leading case: Mallory v. Harkness, 923 F. Supp. 1546 (S.D. Fla. 1996).
Mallory v. Harkness, 923 F. Supp. 1546 (S.D. Fla. 1996). “The motion to intervene was based on § 86.091, Fla.Stat. which requires the Attorney General to be served and heard when a statute’s constitutionality is challenged.”
In Re: Amendments to Florida Fam. Law Rules of Procedure, 214 So. 3d 400 (Fla. 2017). “COMPLIANCE WHEN CONSTITUTIONAL CHALLENGE IS BROUGHT (03/17) When should this form be used? You should use this form to provide notice of a constitutional challenge as required by section 86.091, Florida Statutes. This form is to be used when the Attorney General or the State…”
MARTIN MEM. MED. Ctr., INC. v. Tenet Healthsystem Hospitals, Inc., 875 So. 2d 797 (Fla. 1st DCA 2004). “As an initial matter, appellees (who are primarily hospitals or healthcare-related entities) contend that, because the Attorney General of Florida (who represented AHCA in the trial court) has elected not to participate in this appeal in any capacity, section 86.091, Florida…”
In Re Amendments to the Florida Rules of Civil Procedure, 52 So. 3d 579 (Fla. 2010). “This rule clarifies that, with respect to challenges to a state statute or municipal charter, ordinance, or franchise, service of the notice does not require joinder of the Attorney General or the state attorney as a party to the action; however, consistent with section 86.091,…”
Kendrick v. Everheart, 390 So. 2d 53 (Fla. 1980). “011, Florida Statutes, the state, acting through the Attorney General, intervened in the case pursuant to section 86.091, Florida Statutes, [5] to defend the constitutionality of the challenged statute.”
City of Philadelphia v. Commonwealth, 838 A.2d 566 (Pa. 2003). “” Fla. Stat. § 86.091 . 17 . As noted, however, the effects of the Act's provisions are relevant to a determination of whether Petitioners have standing.”
Inquiry Concerning a Judge, No. 13-25 re: Andrew J. Decker, III, 212 So. 3d 291 (Fla. 2017). “Although this was not a state judicial proceeding for which notice to the State Attorney General is required, see section 86.091, Florida Statutes, we are reluctant to rule on the constitutionality of a statute without the State having had an opportunity to make its position…”
Shelton v. The Bank of New York Mellon, 203 So. 3d 1003 (Fla. 2d DCA 2016). “071 was adopted in 2010 and intended to clarify the requirements of section 86.091, Florida Statutes (2010), regarding notice to the Attorney General of constitutional issues.”
Florida Carry, Inc. v. Univ. of North Florida, 133 So. 3d 966 (Fla. 1st DCA 2013). “Most often, it was the lack of compliance below with section 86.091, Florida Statutes, which requires in declaratory judgment actions that if a “statute, charter, ordinance, or franchise is alleged to be unconstitutional, the Attorney General or the state attorney of the…”
Bethel v. Sec. Nat. Ins. Co., 949 So. 2d 219 (Fla. 3d DCA 2006). “See also § 86.091, Fla. Stat. (2004) ("When declaratory relief is sought, all persons may be made parties who have or claim any interest which would be affected by the declaration.”
Riggenbach v. Rhodes, 267 So. 3d 551 (Fla. 5th DCA 2019). “071 and section 86.091, Florida Statutes (2017), it shall consider the constitutional issues that Respondent previously raised.”
Citizens Prop. Ins. Corp. v. Ifergane, 114 So. 3d 190 (Fla. 3d DCA 2012). “” § 86.091, Fla. Stat. (2011). Citizens was not entitled to declaratory relief against Alexandra because she had no “actual, present, adverse and antagonistic interest” in the subject matter of the amended complaint, which sought to define Citizens’ obligations with respect to…”
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