Florida Statutes
Fla. Stat. § 86.101 (2025)
Construction of law.
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86.101 Construction of law.—This chapter is declared to be substantive and remedial. Its purpose is to settle and to afford relief from insecurity and uncertainty with respect to rights, status, and other equitable or legal relations and is to be liberally administered and construed.
Note.—Former s. 87.11.
Notes of Decisions
Cited in 48
cases (9 in the last 5 years), 1970–2026 · leading case: Higgins v. State Farm Fire & Cas. Co., 894 So. 2d 5 (Fla. 2004).
Higgins v. State Farm Fire & Cas. Co., 894 So. 2d 5 (Fla. 2004). “See § 86.101, Fla. Stat. (2003). However, such liberal constructions should only be done to further the purpose of declaratory actions.”
State Dep't of Env't Prot. v. Garcia, 99 So. 3d 539 (Fla. 3d DCA 2011). “See § 86.101, Fla. Stat. (2009); Conley v. Morley Realty Corp.”
Martinez v. Scanlan, 582 So. 2d 1167 (Fla. 1991). “§ 86.101, Fla. Stat. (1989). Individuals may challenge the validity of a statute in a declaratory action.”
Florida House of Representatives v. Crist, 999 So. 2d 601 (Fla. 2008). “1991) (emphasis supplied) (citing § 86.101, Fla. Stat. (1989)). For example, litigants have used declaratory-judgment actions to challenge the validity of statutes.”
Chiles v. Child. a, B, C, D, E, & F, 589 So. 2d 260 (Fla. 1991). “§ 86.101, Fla. Stat. (1989). This Court has held that to "entertain a declaratory action regarding a statute's validity, there must be a bona fide need for such a declaration based on present, ascertainable facts or the court lacks jurisdiction to render declaratory relief.”
Gulf Pines Mem'l Park, Inc. v. Oaklawn Mem'l Park, Inc., 361 So. 2d 695 (Fla. 1978). “[11] § 86.101, Fla. Stat. (1975). [12] See n. 6 above.”
Orange Cnty. v. Expedia, Inc., 985 So. 2d 622 (Fla. 5th DCA 2008). “" § 86.101, Fla. Stat. "A party is entitled to a declaration of rights where the ripening seeds of controversy make litigation in the immediate future appear unavoidable.”
Agency for Health Care v. Assoc. Indus., 678 So. 2d 1239 (Fla. 1996). “§ 86.101, Fla. Stat. (1995). Declaratory judgment actions are well established in Florida jurisprudence.”
Kendrick v. Everheart, 390 So. 2d 53 (Fla. 1980). “See § 86.101, Fla. Stat. (1977). Thus, the declaratory judgment act should be flexibly employed to permit relief where technical or social changes have placed in doubt one's rights, immunities, status or privileges.”
Sch. Bd. of Leon Cnty. v. Mitchell, 346 So. 2d 562 (Fla. 1st DCA 1977). “Section 86.101, Florida Statutes (1975). A declaratory judgment action will not be dismissed on the ground that there is another adequate remedy.”
Dixie Ins. Co. v. Gaffney, 582 So. 2d 64 (Fla. 1st DCA 1991). “We have been cited to no case, and we have found none, where a court has entertained a declaratory judgment action seeking a bad faith determination where the posture of the case is as in the case at bar.”
Kelner v. Woody, 399 So. 2d 35 (Fla. 3d DCA 1981). “The purpose of the declaratory judgment act is to afford relief from insecurity and uncertainty with respect to rights, status, and other equitable or legal relations, and is to be liberally construed, section 86.101, Florida Statutes (1979); however, the granting of such relief…”
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