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Florida Statute 86.091 | Lawyer Caselaw & Research
F.S. 86.091 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 86.091

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 86
DECLARATORY JUDGMENTS
View Entire Chapter
F.S. 86.091
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.
History.s. 10, ch. 21820, 1943; s. 1, ch. 59-440; s. 38, ch. 67-254.
Note.Former s. 87.10.

F.S. 86.091 on Google Scholar

F.S. 86.091 on Casetext

Amendments to 86.091


Arrestable Offenses / Crimes under Fla. Stat. 86.091
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 86.091.



Annotations, Discussions, Cases:

Cases from cite.case.law:

D. RIGGENBACH, M. D. v. A. RHODES,, 267 So. 3d 551 (Fla. App. Ct. 2019)

. . . and continues to comply with the requirements of Florida Rule of Civil Procedure 1.071 and section 86.091 . . .

R. J. REYNOLDS TOBACCO COMPANY, v. GROSSMAN,, 250 So. 3d 91 (Fla. App. Ct. 2018)

. . . of the statute because the notice requirements of Florida Rule of Civil Procedure 1.071 and section 86.091 . . .

IN RE AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE, 214 So. 3d 400 (Fla. 2017)

. . . You should use this form to provide notice of a constitutional challenge as required by section 86.091 . . . action, but must be served solely in order to comply with the notice requirements set forth in section 86.091 . . . For further information, see Florida Family Law Rules of Procedure 12.071 and section 86.091, Florida . . .

a No. RE J. DECKER, III, 212 So. 3d 291 (Fla. 2017)

. . . a state judicial proceeding for which notice to the State Attorney General is required, see section 86.091 . . .

PROGRESSIVE AMERICAN INSURANCE COMPANY, v. EDUARDO J. GARRIDO D. C. P. A., 211 So. 3d 1086 (Fla. Dist. Ct. App. 2017)

. . . during the proceedings below, pursuant to rule 1.071 of the Florida Rules of Civil Procedure and section 86.091 . . .

SHELTON, v. BANK OF NEW YORK MELLON f k a a E. E. E. T. N. A., 203 So. 3d 1003 (Fla. Dist. Ct. App. 2016)

. . . Rule 1.071 was adopted in 2010 and intended to clarify the requirements of section 86.091, Florida Statutes . . . See § 86.091 (“If the statute ... is alleged to be unconstitutional, the Attorney General or the state . . .

MURPHY, v. CHARTER OAK FIRE INSURANCE COMPANY, 166 F. Supp. 3d 1311 (S.D. Fla. 2015)

. . . states that Defendant Ritten is named in the suit as an interested party pursuant to Florida Statute § 86.091 . . . diversity of citizenship between the parties because Ritten is an interested party and Florida Statute § 86.091 . . . However, Florida Statute § 86.091 does not require that Rit-ten be named as a defendant, it simply requires . . . Florida Statute § 86.091 provides in pertinent part: When declaratory relief is sought, all persons may . . . Florida Statute § 86.091 . . . .

FLORIDA CARRY, INC. v. UNIVERSITY OF NORTH FLORIDA,, 133 So. 3d 966 (Fla. Dist. Ct. App. 2013)

. . . Most often, it was the lack of compliance below with section 86.091, Florida Statutes, which requires . . .

In L. BLIXSETH, v. L., 484 B.R. 360 (B.A.P. 9th Cir. 2012)

. . . N.R.S. 86.091. “The interest of each member of a limited-liability company is personal property.” . . .

CITIZENS PROPERTY INSURANCE CORPORATION, v. IFERGANE, 114 So. 3d 190 (Fla. Dist. Ct. App. 2012)

. . . .” § 86.091, Fla. Stat. (2011). . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 52 So. 3d 579 (Fla. 2010)

. . . the Attorney General or the state attorney as a party to the action; however, consistent with section 86.091 . . . statute, charter, ordinance, or franchise file verification with the court of compliance with section 86.091 . . . NOTICE OF COMPLIANCE WHEN CONSTITUTIONAL CHALLENGE IS BROUGHT NOTICE OF COMPLIANCE WITH SECTION 86.091 . . . This form is to be used to provide notice of a constitutional challenge as required by section 86.091 . . . action, but must be served solely in order to comply with the notice requirements set forth in section 86.091 . . .

L. REINSTEIN, M. D. P. L. v. PEDIATRIC GASTROENTEROLOGY, HEPATOLOGY AND NUTRITION OF FLORIDA, P. A. T. M. D., 25 So. 3d 54 (Fla. Dist. Ct. App. 2009)

. . . Holley, 59 So.2d 636, 639 (Fla.1952)); see also § 86.091, Fla. . . .

COHN, v. GRAND CONDOMINIUM ASSOCIATION, INC. PH PH, 26 So. 3d 8 (Fla. Dist. Ct. App. 2009)

. . . See § 86.091, Fla. Stat. (2007). . . . .

BETHEL, v. SECURITY NATIONAL INSURANCE COMPANY,, 949 So. 2d 219 (Fla. Dist. Ct. App. 2006)

. . . See also § 86.091, Fla. . . .

UNITED STATES s v. TWO MITSUBISHI PICK- UP TRUCKS VIN VIN s, 396 F. Supp. 2d 117 (D.P.R. 2005)

. . . . § 86.091-35. (See Docket No. 29, Exh. 5, p. 3). . . .

PAGAN v. SARASOTA COUNTY PUBLIC HOSPITAL BOARD, d b a SMH a d b a L. M. D. M. M. D., 884 So. 2d 257 (Fla. Dist. Ct. App. 2004)

. . . See § 86.091, Fla. . . . However, the trial court clearly did not intend this, and section 86.091 does not permit it. . . .

MARTIN MEMORIAL MEDICAL CENTER, INC. v. TENET HEALTHSYSTEM HOSPITALS, INC. d b a, 875 So. 2d 797 (Fla. Dist. Ct. App. 2004)

. . . In support of their position, they rely on section 86.091, Florida Statutes (2003), and dicta in Brown . . . To the extent pertinent, section 86.091 (which is a part of the chapter entitled “Declaratory Judgments . . . Moreover, it is unsupported by any citation to authority other than section 86.091 which, as we have . . . Upon receipt of the complaint pursuant to § 86.091, the [Attorney General] could have filed with the . . . Accordingly, it is equally apparent that the requirements of section 86.091 have been met, and that the . . .

BROWN v. A. BUTTERWORTH,, 831 So. 2d 683 (Fla. Dist. Ct. App. 2002)

. . . See § 86.091, Fla. . . .

STATE a CPA s, M. A. a k a D H. III, v. FLORIDA CONSUMER ACTION NETWORK, AFL- CIO, AFL- CIO, USA, NAACP s Al J., 830 So. 2d 148 (Fla. Dist. Ct. App. 2002)

. . . Although the state may be made a party pursuant to section 86.091, Florida Statutes (1999), allowing . . .

OLIVE, v. MAAS,, 811 So. 2d 644 (Fla. 2002)

. . . See §§ 16.01(5), 86.091, Fla. Stat. (1997). . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE, v. WARREN,, 805 So. 2d 1074 (Fla. Dist. Ct. App. 2002)

. . . the appeal because the Florida Attorney General was not joined in this action as required by section 86.091 . . .

FASIG, G. v. FLORIDA SOCIETY OF PATHOLOGISTS,, 769 So. 2d 1151 (Fla. Dist. Ct. App. 2000)

. . . .” § 86.091, Fla. Stat. (1997). . . .

DELTA CASUALTY COMPANY, v. PINNACLE MEDICAL, INC. M M, 721 So. 2d 321 (Fla. Dist. Ct. App. 1998)

. . . See § 86.091, Fla. Stat. (1995); Buckley v. . . .

DAYS INNS ACQUISITION CORPORATION, v. H. HUTCHINSON,, 707 So. 2d 747 (Fla. Dist. Ct. App. 1997)

. . . P. 1.210(a); § 86.021, 86.091, Fla. Stat. (1995). . . . .

ORION INSURANCE COMPANY, v. MAGNETIC IMAGING SYSTEMS I,, 696 So. 2d 475 (Fla. Dist. Ct. App. 1997)

. . . See § 86.091, Fla.Stat. (1995); Buckley v. . . .

K. MALLORY, v. F. HARKNESS, Jr., 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 . . . State of Florida (“AG”) intervened to defend the constitutionality of the challenged statute under § 86.091 . . . The AG intervened in this matter pursuant to Florida Statute § 86.091 which states that the AG “shall . . . The Court, to the contrary, finds intervention by the AG under § 86.091 to be discretionary. . . . Upon receipt of the complaint pursuant to § 86.091, the AG could have filed with the Court a notice of . . .

J. C. W. H. a v. SCHOOL BOARD OF ORANGE COUNTY,, 668 So. 2d 693 (Fla. Dist. Ct. App. 1996)

. . . Education, which has its headquarters in Tallahassee, was served and made a party pursuant to section 86.091 . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. W. COX M., 627 So. 2d 1210 (Fla. Dist. Ct. App. 1993)

. . . See § 86.091, Fla. Stat. (1991). . . .

STATE DEPARTMENT OF EDUCATION, v. E. GLASSER, K. C. E. M., 622 So. 2d 1003 (Fla. Dist. Ct. App. 1992)

. . . Pursuant to section 86.091, Florida Statutes (1989), the trial court allowed the attorney general to . . . interest was sufficient to create a bona fide and practical need for declaration pursuant to section 86.091 . . . Pursuant to section 86.091, the attorney general participated in the final hearing and strenuously defended . . . The specific terms of section 86.091 provide that the declaration will not prejudice the rights of any . . .

JACOBS GOODMAN, P. A. v. McLIN, BURNSED, MORRISON, JOHNSON ROBUCK, P. A., 582 So. 2d 98 (Fla. Dist. Ct. App. 1991)

. . . Section 86.091, Fla.Stat. (1989). . . .

BUCKLEY, v. CITY OF MIAMI BEACH, a, 559 So. 2d 310 (Fla. Dist. Ct. App. 1990)

. . . See, Section 86.091, Florida Statutes, which provides in part: ... . . .

SIMS v. STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,, 862 F.2d 1449 (11th Cir. 1989)

. . . . § 86.091 (1987) requires the plaintiff in a suit in state court that challenges the constitutionality . . .

NEWS AND SUN- SENTINEL COMPANY, a d b a v. O. COX, H. a C., 702 F. Supp. 891 (S.D. Fla. 1988)

. . . Florida, pursuant to Rule 9 B, Local Rules for the Southern District of Florida and Fla.Stat. sec. 86.091 . . . for Leave to File an Amicus Curiae Memorandum of Law, 700 F.Supp. 30 (S.D.Fla.1988). .Fla.Stat. sec. 86.091 . . .

CITY OF HAINES CITY, v. ALLEN,, 509 So. 2d 982 (Fla. Dist. Ct. App. 1987)

. . . Section 86.091, Fla. Stat. (1986). . . .

NATURAL RESOURCES DEFENSE COUNCIL, v. M. THOMAS, ENGINE MANUFACTURERS ASSOCIATION CATERPILLAR TRACTOR COMPANY, v. U. S. ENVIRONMENTAL PROTECTION AGENCY,, 805 F.2d 410 (D.C. Cir. 1986)

. . . . §§ 86.088-21, 86.091-21 (1985).] . . .

I. A. DURBIN, INC. a D. v. JEFFERSON NATIONAL BANK, a AIA A a P. A., 793 F.2d 1541 (11th Cir. 1986)

. . . . § 86.091 (West Supp.1986) does not require joinder of the Attorney General as a necessary party in . . .

E. WYMBS R. v. REPUBLICAN STATE EXECUTIVE COMMITTEE OF FLORIDA,, 719 F.2d 1072 (11th Cir. 1983)

. . . . § 86.091 requires that “[if a state] statute, charter, ordinance or franchise is alleged to be unconstitutional . . .

KENDRICK, v. EVERHEART a k a, 390 So. 2d 53 (Fla. 1980)

. . . Statutes, the state, acting through the Attorney General, intervened in the case pursuant to section 86.091 . . . not the father of the two minor children whose birth certificates named him as their father. .Section 86.091 . . .

LABORERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL v. GREATER ORLANDO AVIATION AUTHORITY, 385 So. 2d 716 (Fla. Dist. Ct. App. 1980)

. . . Section 86.091, Florida Statutes (1977), provides in part: Parties. — When declaratory relief is sought . . .

SANCHEZ v. H. PINGREE,, 494 F. Supp. 68 (S.D. Fla. 1980)

. . . question as to service of the Attorney General, as required by Local Rule 9 B and Florida Statutes § 86.091 . . .

CITY OF HIALEAH GARDENS v. DADE COUNTY, 348 So. 2d 1174 (Fla. Dist. Ct. App. 1977)

. . . See Section 86.091, Florida Statutes (1975). . . .

L. TORNILLO, Jr. v. MIAMI HERALD PUBLISHING COMPANY, a, 287 So. 2d 78 (Fla. 1973)

. . . Pursuant to Florida Statute 86.091, F.S.A., the Attorney General of this State was advised that appellee . . .

TORNILLO v. MIAMI HERALD PUBLISHING CO., 38 Fla. Supp. 80 (Dade Cty. Cir. Ct. 1972)

. . . Pursuant to §86.091, Florida Statutes, the attorney general was advised that the defendant intended to . . .

LASKY, v. STATE FARM INSURANCE CO., 37 Fla. Supp. 178 (Broward Cty. Ct. Rec. 1972)

. . . agreed that the attorney general of Florida should be permitted to appear pursuant to Florida Statute 86.091 . . .

In APPORTIONMENT LAW SENATE JOINT RESOLUTION NUMBER REGULAR SESSION, Of, 263 So. 2d 797 (Fla. 1972)

. . . . § 86.091, relating to parties, which holds that no declaration shall prejudice the rights of persons . . .

K. OVERSTREET, O. Jr. v. L. GINSBERG,, 233 So. 2d 184 (Fla. Dist. Ct. App. 1970)

. . . statutory authority for costs to be assessed against these defendants under either § 215.03, § 86.081 or § 86.091 . . .

A. FIELD, C. E. L. R. L. E. v. CITY OF FORT LAUDERDALE, a R. E. L. L. B., 227 So. 2d 530 (Fla. Dist. Ct. App. 1969)

. . . the court reasoned: “ * * * [Ujnder the provisions of Chapter 86, Florida Statutes [F.S.A.], Section 86.091 . . .

B. LAZARUS, v. FAIRCLOTH,, 301 F. Supp. 266 (S.D. Fla. 1969)

. . . Statute § 86.091, F.S.A. . . .

T. MAYO, W. L. v. NATIONAL TRUCK BROKERS, INC., 220 So. 2d 11 (Fla. 1969)

. . . Section 86.091, F.S.A., relative to serving a copy of the complaint upon the Attorney General or the . . . Therefore, the objects of Sec. 86.091 have been accomplished. . . .

ORR, v. ATTORNEY GENERAL, 32 Fla. Supp. 71 (Leon Cty. Cir. Ct. 1969)

. . . . §86.091, Florida Statutes, provides as follows — Parties — When declaratory relief is sought, all persons . . . officer may be the primary antagonist of a plaintiff who attacks the constitutionality of a statute, §86.091 . . .