Florida Statute 86.101 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 86
DECLARATORY JUDGMENTS

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F.S. 86.101

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.

History.—s. 11, ch. 21820, 1943; s. 38, ch. 67-254.

Note.—Former s. 87.11.

F.S. 86.101 on Google Scholar

F.S. 86.101 on CourtListener

Amendments to 86.101

Annotations, Discussions, Cases:

Cases Citing Statute 86.101

Total Results: 38

Martinez v. Scanlan

582 So. 2d 1167, 1991 WL 94287

Supreme Court of Florida | Filed: Jun 6, 1991 | Docket: 1363162

Cited 84 times | Published

relations, and it should be liberally construed. § 86.101, Fla. Stat. (1989). Individuals may challenge

Gulf Pines Memorial Park, Inc. v. Oaklawn Memorial Park, Inc.

361 So. 2d 695, 1978 Fla. LEXIS 4835

Supreme Court of Florida | Filed: May 25, 1978 | Docket: 1685753

Cited 63 times | Published

Ass'n, 210 So.2d 750 (Fla. 4th DCA 1968). [11] § 86.101, Fla. Stat. (1975). [12] See n. 6 above. [13]

Chiles v. CHILDREN A, B, C, D, E, AND F

589 So. 2d 260, 1991 WL 250980

Supreme Court of Florida | Filed: Oct 29, 1991 | Docket: 1441475

Cited 61 times | Published

judgment statute is to be construed liberally. § 86.101, Fla. Stat. (1989). This Court has held that to

Agency for Health Care v. Assoc. Indus.

678 So. 2d 1239

Supreme Court of Florida | Filed: Jun 27, 1996 | Docket: 1736936

Cited 52 times | Published

is to be liberally administered and construed. § 86.101, Fla. Stat. (1995). Declaratory judgment actions

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

fact; or (4) the part of the Act, now found in section 86.101, which provides that the Act is to be liberally

Kendrick v. Everheart

390 So. 2d 53

Supreme Court of Florida | Filed: Nov 6, 1980 | Docket: 92386

Cited 40 times | Published

status and other equitable or legal relations. See § 86.101, Fla. Stat. (1977). Thus, the declaratory judgment

School Bd. of Leon County v. Mitchell

346 So. 2d 562, 1977 Fla. App. LEXIS 16041

District Court of Appeal of Florida | Filed: May 4, 1977 | Docket: 1411070

Cited 39 times | Published

remedial, and is to be liberally construed. Section 86.101, Florida Statutes (1975). A declaratory judgment

In Re Apportionment Law, Senate Joint Res. No. 1305

263 So. 2d 797

Supreme Court of Florida | Filed: May 12, 1972 | Docket: 1318593

Cited 27 times | Published

petition for declaratory judgment. Fla. Stat. § 86.101, F.S.A. states that such judgments are instituted

Reinish v. Clark

765 So. 2d 197, 2000 WL 991017

District Court of Appeal of Florida | Filed: Jul 20, 2000 | Docket: 1522951

Cited 17 times | Published

"to be liberally administered and construed." § 86.101, Fla. Stat. (1997). Individuals can challenge

Florida House of Representatives v. Crist

999 So. 2d 601, 2008 WL 5642083

Supreme Court of Florida | Filed: Jul 3, 2008 | Docket: 464908

Cited 16 times | Published

1170 (Fla. 1991) (emphasis supplied) (citing § 86.101, Fla. Stat. (1989)). For example, litigants have

Robinson v. State Farm Fire & Cas. Co.

583 So. 2d 1063, 1991 Fla. App. LEXIS 6175, 1991 WL 117041

District Court of Appeal of Florida | Filed: Jul 3, 1991 | Docket: 1684066

Cited 15 times | Published

Townsend, 544 So.2d 1153 (Fla. 5th DCA 1989). [2] § 86.101 Fla. Stat. (1989). [3] See, e.g., Clemmons v

Kelner v. Woody

399 So. 2d 35

District Court of Appeal of Florida | Filed: May 19, 1981 | Docket: 1652284

Cited 13 times | Published

relations, and is to be liberally construed, section 86.101, Florida Statutes (1979); however, the granting

Lutz v. PROTECTIVE LIFE INSURANCE COMPANY

951 So. 2d 884, 2007 Fla. App. LEXIS 41, 2007 WL 5768

District Court of Appeal of Florida | Filed: Jan 3, 2007 | Docket: 2539828

Cited 10 times | Published

insurer concerning those rights and obligations. See § 86.101, Fla. Stat. (2005) (stating the purpose of the

State v. FLORIDA CONNSUMRE ACTION NETWORK

830 So. 2d 148, 2002 WL 31251017

District Court of Appeal of Florida | Filed: Oct 9, 2002 | Docket: 471355

Cited 10 times | Published

judgment statute is to be construed liberally. § 86.101, Fla. Stat. (1989). This Court has held that to

Miami Dolphins, Ltd. v. GENDEN & BACH, PA

545 So. 2d 294, 1989 WL 30791

District Court of Appeal of Florida | Filed: Apr 4, 1989 | Docket: 1345453

Cited 10 times | Published

(1987). That law is to be liberally construed. § 86.101, Fla. Stat. (1987). The existence of another remedy

McIntosh v. Harbour Club Villas Condo. Ass'n

468 So. 2d 1075, 10 Fla. L. Weekly 1206

District Court of Appeal of Florida | Filed: May 14, 1985 | Docket: 1725587

Cited 9 times | Published

relations, and the act is to be liberally construed, § 86.101, Fla. Stat. (1983). The granting of such relief

State Department of Environmental Protection v. Garcia

99 So. 3d 539, 2011 Fla. App. LEXIS 12097, 2011 WL 3300540

District Court of Appeal of Florida | Filed: Aug 3, 2011 | Docket: 60313064

Cited 7 times | Published

in nature and should be broadly construed. See § 86.101, Fla. Stat. (2009); Conley v. Morley Realty Corp

Mills v. Ball

344 So. 2d 635

District Court of Appeal of Florida | Filed: Apr 15, 1977 | Docket: 474783

Cited 6 times | Published

. [T]hat as permitted by the provisions of section 86.101, that the petition appropriately seeks to obtain

Orange County v. Expedia, Inc.

985 So. 2d 622, 2008 WL 2387991

District Court of Appeal of Florida | Filed: Jun 13, 2008 | Docket: 1673391

Cited 5 times | Published

is to be liberally administered and construed." § 86.101, Fla. Stat. "A party is entitled to a declaration

Dixie Ins. Co. v. Gaffney

582 So. 2d 64, 1991 WL 103437

District Court of Appeal of Florida | Filed: Jun 14, 1991 | Docket: 1716050

Cited 3 times | Published

in nature and is to be liberally construed, Section 86.101, Florida Statutes (1989)[2], one seeking a

Dent v. Belin

483 So. 2d 61, 11 Fla. L. Weekly 297

District Court of Appeal of Florida | Filed: Jan 30, 1986 | Docket: 455830

Cited 3 times | Published

to be liberally administered and construed. Section 86.101, Florida Statutes (1983). Section 86.041 provides

Countrywide Home Loans, Inc. v. Burnette

177 So. 3d 1032, 2015 WL 6594312

District Court of Appeal of Florida | Filed: Oct 30, 2015 | Docket: 60251062

Cited 2 times | Published

Scanlan, 582 So.2d 1167, 1170 (Fla.1991); see § 86.101, Fla. Stat. “Although the declaratory judgment

Angelo's Aggregate Materials, Ltd. v. Pasco County

118 So. 3d 971, 2013 WL 4081010, 2013 Fla. App. LEXIS 12643

District Court of Appeal of Florida | Filed: Aug 14, 2013 | Docket: 60233513

Cited 1 times | Published

specifically calls for its liberal construction, § 86.101, Fla. Stat. (2011), and dictates that the availability

Marco Island Cable, Inc. v. Comcast Cablevision of the South, Inc.

509 F. Supp. 2d 1158, 2007 U.S. Dist. LEXIS 16597, 2007 WL 779108

District Court, M.D. Florida | Filed: Mar 8, 2007 | Docket: 310153

Cited 1 times | Published

liberally administered and construed. Fla. Stat. § 86.101; Higgins v. State Farm Fire & Cas. Co., 894 So

Bailey v. Laurie, DeSantis

District Court of Appeal of Florida | Filed: Aug 6, 2025 | Docket: 71038931

Published

could have sought a declaratory judgment under section 86.101, Florida Statutes. See, e.g., Chiles v. Phelps

Kendrick Wyly v. Ronnie Felder

District Court of Appeal of Florida | Filed: Dec 26, 2024 | Docket: 69497459

Published

Beach City Clerk. PER CURIAM. Affirmed. See § 86.101, Fla. Stat. (2024) (“This chapter is declared

FREDERIC GUTTENBERG v. SMITH & WESSON, CORP.

District Court of Appeal of Florida | Filed: Jan 4, 2023 | Docket: 66698556

Published

is to be liberally administered and construed.” § 86.101, Fla. Stat. (2018). Declaratory relief affords

LINDA COMISAR and BERNARD COMISAR v. HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY

District Court of Appeal of Florida | Filed: Aug 10, 2022 | Docket: 64881553

Published

declaratory relief from courts as a matter of law. § 86.101, Fla. Stat. (2021). A party that is “in doubt

Incredible Investments, LLC v. Fernandez-Rundle

984 F. Supp. 2d 1318, 2013 WL 6086031, 2013 U.S. Dist. LEXIS 165790

District Court, S.D. Florida | Filed: Nov 13, 2013 | Docket: 65995783

Published

Judgment Act to be substantive. See Fla. Stat. § 86.101; Higgins v. State Farm Fire & Cas. Co., 894 So

Florida House of Representatives v. Crist

990 So. 2d 1035, 33 Fla. L. Weekly Supp. 437, 2008 Fla. LEXIS 1220, 2008 WL 2669767

Supreme Court of Florida | Filed: Jul 3, 2008 | Docket: 64855713

Published

1167, 1170 (Fla.1991) (emphasis supplied) (citing § 86.101, Fla. Stat. (1989)). For example, litigants have

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

relating to declaratory actions are set forth in Section 86.101: “This chapter is declared to be substantive

Ocean Harbor Casualty Insurance v. Aleman

765 So. 2d 754, 2000 Fla. App. LEXIS 6839, 2000 WL 725025

District Court of Appeal of Florida | Filed: Jun 7, 2000 | Docket: 64799859

Published

right does or may depend.... (emphasis added). Section 86.101 states that the Declaratory Judgment Act “is

Santa Rosa County v. Administration Commission, Division of Administrative Hearings

642 So. 2d 618, 1994 Fla. App. LEXIS 8794, 1994 WL 496851

District Court of Appeal of Florida | Filed: Sep 14, 1994 | Docket: 64750831

Published

judgment statute is to be construed liberally. § 86.101, Fla.Stat. (1989); Chiles v. Children A, B, C

Adelsperger v. Midlantic National Bank & Trust Co.

567 So. 2d 444, 1990 Fla. App. LEXIS 4551, 1990 WL 151219

District Court of Appeal of Florida | Filed: May 23, 1990 | Docket: 64653372

Published

to be liberally administered and construed. Section 86.101, Florida Statutes, (1983). Section 86.041 provides

Backus v. Howard W. Backus Towing, Inc.

391 So. 2d 378, 1980 Fla. App. LEXIS 18254

District Court of Appeal of Florida | Filed: Dec 23, 1980 | Docket: 64579283

Published

which we are compelled to construe liberally. See § 86.101, Fla.Stat. (1977), and Lambert v. Justus, 335

Donaldson v. City of Titusville

345 So. 2d 800

District Court of Appeal of Florida | Filed: Apr 15, 1977 | Docket: 64558453

Published

construction or validity arising (thereunder) . . Section 86.101 further provides: “This chapter is declared

Dade County v. Benenson

326 So. 2d 74, 1976 Fla. App. LEXIS 14261

District Court of Appeal of Florida | Filed: Jan 13, 1976 | Docket: 64552208

Published

where declaratory relief is sought.” Fla.Stat. § 86.101, on “Construction of law,” states: “This chapter

Jensen v. Dipaolo's Italian Foods Co.

244 So. 2d 513, 1970 Fla. App. LEXIS 6598

District Court of Appeal of Florida | Filed: Dec 18, 1970 | Docket: 64518957

Published

The law is to be liberally construed. Fla.Stat. § 86.101 (1969), F.S.A. The existence of another remedy