86.101
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.
History.—s. 11, ch. 21820, 1943; s. 38, ch. 67-254.
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 and Cas. Co.
Higgins v. State Farm Fire and Cas. Co. (2004)
“See § 86.101, Fla. Stat. (2003). However, such liberal constructions should only be done to further the purpose of declaratory actions.”
State Department of Environmental Protection v. Garcia (2011)
“See § 86.101, Fla. Stat. (2009); Conley v. Morley Realty Corp.”
Martinez v. Scanlan (1991)
“§ 86.101, Fla. Stat. (1989). Individuals may challenge the validity of a statute in a declaratory action.”
Florida House of Representatives v. Crist (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. CHILDREN A, B, C, D, E, AND F (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 Memorial Park, Inc. v. Oaklawn Memorial Park, Inc. (1978)
“[11] § 86.101, Fla. Stat. (1975). [12] See n. 6 above.”
Orange County v. Expedia, Inc. (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. (1996)
“§ 86.101, Fla. Stat. (1995). Declaratory judgment actions are well established in Florida jurisprudence.”
Kendrick v. Everheart (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.”
School Bd. of Leon County v. Mitchell (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 (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 (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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