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Florida Statute 45.011 - Full Text and Legal Analysis
Florida Statute 45.011 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 45.011 Case Law from Google Scholar Google Search for Amendments to 45.011

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 45
CIVIL PROCEDURE: GENERAL PROVISIONS
View Entire Chapter
45.011 Definitions.—In all statutes about practice and procedure:
(1) “Bond with surety” means a bond with two good and sufficient sureties, each with unencumbered property not subject to any exemption afforded by law equal in value to the penal sum of the bond or a bond with a licensed surety company as surety or a cash deposit conditioned as for a bond.
(2) “Defendant” means any party against whom relief as referenced in subsection (3) is sought.
(3) “Plaintiff” means any party seeking affirmative relief whether plaintiff, counterclaimant, cross-claimant; or third-party plaintiff, counterclaimant or cross-claimant.
History.—s. 1, ch. 67-254; s. 16, ch. 2023-8.

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Amendments to 45.011


Annotations, Discussions, Cases:

Cases Citing Statute 45.011

Total Results: 64  |  Sort by: Relevance  |  Newest First

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Ake v. Birnbaum, 25 So. 2d 213 (Fla. 1945).

Cited 75 times | Published | Supreme Court of Florida | 156 Fla. 735, 1945 Fla. LEXIS 982

be disregarded, and an action brought under section 45.11 F.S. 1941. This statute comes down to us from
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Youngblood v. Taylor, 89 So. 2d 503 (Fla. 1956).

Cited 67 times | Published | Supreme Court of Florida

administrator of the estate of the deceased, Section 45.11, Florida Statutes 1953, and F.S.A. Under the
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Stern v. Miller, 348 So. 2d 303 (Fla. 1977).

Cited 45 times | Published | Supreme Court of Florida

[7] Section 768.01, Florida Statutes. [8] Section 45.11, Florida Statutes (1965, as amended), Section
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Stokes v. Liberty Mut. Ins. Co., 213 So. 2d 695 (Fla. 1968).

Cited 40 times | Published | Supreme Court of Florida

supra. The Stokes did not proceed under Fla. Stat. § 45.11, F.S.A., our so-called "survival statute". There
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Ellis v. Brown, 77 So. 2d 845 (Fla. 1955).

Cited 28 times | Published | Supreme Court of Florida

Fannie Lee Ellis, under the Survival Statute, Section 45.11, to recover damages for his decedent's loss
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Atlas Props., Inc. v. Didich, 226 So. 2d 684 (Fla. 1969).

Cited 25 times | Published | Supreme Court of Florida

administrator of Kay's estate under Fla. Stat. § 45.11 (1965) [now Fla. Stat. § 46.021 (1967), F.S. A]
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Moragne v. State Marine Lines, Inc., 211 So. 2d 161 (Fla. 1968).

Cited 21 times | Published | Supreme Court of Florida | 1968 A.M.C. 2653

husband's estate, under the Florida Survival Statute, § 45.11, Fla. Stat., F.S.A., against the defendant-appellee
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Whitman v. Red Top Sedan Serv., Inc., 218 So. 2d 213 (Fla. 3d DCA 1969).

Cited 16 times | Published | Florida 3rd District Court of Appeal

his deceased wife, under the survival statute, § 45.11, now § 46.021 Fla. Stat., F.S.A. The defendants
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Red Top Cab & Baggage Co. v. Dorner, 32 So. 2d 321 (Fla. 1947).

Cited 15 times | Published | Supreme Court of Florida | 159 Fla. 538, 1947 Fla. LEXIS 836

abated on the death of M.F. Fontaine pursuant to Section 45.11 F.S.A. and was barred by the Statute of limitations;
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Hollywood, Inc. v. City of Hollywood, 321 So. 2d 65 (Fla. 1975).

Cited 15 times | Published | Supreme Court of Florida

...land or some particular part thereof is in the actual possession of one or more of the defendants before a jury trial may be had by any party. The question thus becomes whether either party to this dispute was a defendant in possession of the land. Section 45.011, F.S.A., defines "plaintiff" as "any party seeking affirmative relief whether plaintiff, counter-claimant, crossclaimant, or third party plaintiff, conterclaimant or crossclaimant." "Defendant" is defined as "any party against whom suc...
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Love v. Hannah, 72 So. 2d 39 (Fla. 1954).

Cited 14 times | Published | Supreme Court of Florida | 1954 Fla. LEXIS 1382

other for damages under the survivor's statute, Section 45.11, Florida Statutes 1951, F.S.A. So far as the
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Selfridge v. Allstate Ins. Co., 219 So. 2d 127 (Fla. 4th DCA 1969).

Cited 13 times | Published | Florida 4th District Court of Appeal

See 3 Fla.Jur., Assignments, § 5. *129 F.S. Section 45.11, F.S.A. 1965,[1] provided as to survivability
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Provident Mgmt. Corp. v. TREASURE ISLAND, 796 So. 2d 481 (Fla. 2001).

Cited 12 times | Published | Supreme Court of Florida | 2001 WL 543679

...rion County preventing an execution sale which sale was to be held in order to satisfy a debt owed the appellee by a third party." Id. Thus, it appears that the appellant was attempting to prove actual wrongful conduct on the part of appellant. [13] Section 45.011, Florida Statutes (1989), defines a "bond with surety" as one having "two good and sufficient sureties, each with unencumbered property not subject to any exemption afforded by law equal in value to the penal sum of the bond or a bond...
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Legare v. United States, 195 F. Supp. 557 (S.D. Fla. 1961).

Cited 12 times | Published | District Court, S.D. Florida | 1961 U.S. Dist. LEXIS 2814

under the Florida Survival of Action Statute, § 45.11 F.S.A. for his decedent's conscious pain and suffering
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Clark v. Riley, 595 F.3d 1258 (11th Cir. 2010).

Cited 10 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 2457, 108 Fair Empl. Prac. Cas. (BNA) 1284, 2010 WL 377020

Norman J. Singer, Sutherland Statutory Construction § 45.11, at 61 (5th ed. 1993)). With these principles of
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Haverty Furniture Co. v. McKesson & Robbins, Inc., 19 So. 2d 59 (Fla. 1944).

Cited 10 times | Published | Supreme Court of Florida | 154 Fla. 772, 1944 Fla. LEXIS 815

majority held that, under Section 4211 C.G.L., now Section 45.11, Fla. Stats. 1941, all actions for personal
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Park v. Belford Trucking Co., 165 So. 2d 819 (Fla. 3d DCA 1964).

Cited 9 times | Published | Florida 3rd District Court of Appeal

NOTES [1] § 768.01, Fla. Stat., F.S.A. [2] § 45.11, Fla. Stat., F.S.A. [3] § 59.07(4), Fla. Stat
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Weed v. Bilbrey, 201 So. 2d 771 (Fla. 2d DCA 1967).

Cited 9 times | Published | Florida 2nd District Court of Appeal | 1967 A.M.C. 2662

Wayne Weed, prior to his death, pursuant to Florida Statute 45.11, F.S.A., and (2) for damages for the wrongful
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Byrd v. Lohr, 488 So. 2d 138 (Fla. 5th DCA 1986).

Cited 8 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 1067

representative under Florida's survival statute, then section 45.11, now section 46.021.[2] The court then stated:
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Florida East Coast Ry. Co. v. Stewart, 140 So. 2d 880 (Fla. 3d DCA 1962).

Cited 8 times | Published | Florida 3rd District Court of Appeal

brought under the Florida Survival Statute, i.e., § 45.11,[1] Fla. Stat., F.S.A. The second claim is predicated
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Sinclair Refining Co. v. Butler, 172 So. 2d 499 (Fla. 3d DCA 1965).

Cited 8 times | Published | Florida 3rd District Court of Appeal

Scott Butler [pursuant to the survival statute, § 45.11, Fla. Stat., F.S.A.], instituted the action in
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Atlas Props., Inc. v. Didich, 213 So. 2d 278 (Fla. 3d DCA 1968).

Cited 7 times | Published | Florida 3rd District Court of Appeal

not recoverable under the Florida Survival Act, § 45.11, Fla. Stat. (1965), F.S.A.; (3) the evidence was
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In Re Klipple's Est., 101 So. 2d 924 (Fla. 3d DCA 1958).

Cited 7 times | Published | Florida 3rd District Court of Appeal | 67 A.L.R. 2d 932

representative as the defendant in the tort action. See section 45.11, Fla. Stat., F.S.A.; rule 25 Federal Rules of
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Sinclair Refining Co. v. Butler, 190 So. 2d 313 (Fla. 1966).

Cited 6 times | Published | Supreme Court of Florida

decedent's estate in a survival action brought under Section 45.11, Fla. Stat., to recover damages for the injuries
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Bermudez v. Florida Power & Light Co., 433 So. 2d 565 (Fla. 3d DCA 1983).

Cited 6 times | Published | Florida 3rd District Court of Appeal

survival action on behalf of the deceased under § 45.11, Fla. Stat. (1951). Secondly, under a strictly
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Sinnamon v. Fowlkes, 101 So. 2d 375 (Fla. 1958).

Cited 6 times | Published | Supreme Court of Florida

* * of any compensatory damages under * * * Section 45.11," but permitted the allowance of punitive damages
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Hooper Const. Co. v. Drake, 73 So. 2d 279 (Fla. 1954).

Cited 6 times | Published | Supreme Court of Florida | 1954 Fla. LEXIS 1522

prosecuted under the Survival after Death statute, Section 45.11, Florida Statutes, F.S.A., in which the Administrator
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Sullivan v. Sessions, 80 So. 2d 706 (Fla. 1955).

Cited 6 times | Published | Supreme Court of Florida

Sessions, Sr., under the Survival Statute, Section 45.11, Fla.Stats. 1953, F.S.A. The complaint was dismissed
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Rosin v. Peninsular Life Ins. Co., 116 So. 2d 798 (Fla. 2d DCA 1960).

Cited 6 times | Published | Florida 2nd District Court of Appeal

survival of actions in Florida as stated in section 45.11 Florida Statutes 1957, F.S.A., is as follows:
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Foulk v. Perkins, 181 So. 2d 704 (Fla. 2d DCA 1966).

Cited 6 times | Published | Florida 2nd District Court of Appeal

damages to the decedent's estate pursuant to F.S. 45.11, F.S.A. The action arose out of fatal injuries
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Brailsford v. Campbell, 89 So. 2d 241 (Fla. 1956).

Cited 5 times | Published | Supreme Court of Florida

personal representative of a deceased person under Section 45.11, Fla. Stat. 1953, F.S.A., the so-called Survival
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Atl. Coast Line R.R. Co. v. Turpak, 225 So. 2d 340 (Fla. 2d DCA 1969).

Cited 5 times | Published | Florida 2nd District Court of Appeal

husband's estate under the Survival Statute, F.S. § 45.11 F.S.A. The cases were tried together before a jury
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Red Top Cab & Baggage Co. v. Dorner, 31 So. 2d 409 (Fla. 1947).

Cited 5 times | Published | Supreme Court of Florida | 159 Fla. 366, 1947 Fla. LEXIS 785

on the death of M. F. Fontaine pursuant to Section 45.11 F.S.A. and was barred by the Statute of limitations;
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Hill v. Colonial Enter., Inc., 219 So. 2d 51 (Fla. 4th DCA 1969).

Cited 5 times | Published | Florida 4th District Court of Appeal

William Alfred Sadler, under the authority of Section 45.11, F.S. 1963, F.S.A., and sought recovery from
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Burch v. Gilbert, 148 So. 2d 289 (Fla. 1st DCA 1963).

Cited 4 times | Published | Florida 1st District Court of Appeal

S.A., together with the survival statute F.S. § 45.11, F.S.A. A jury verdict in favor of the administrator
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Ward v. Orange Mem'l Hosp. Ass'n, Inc., 193 So. 2d 492 (Fla. 4th DCA 1966).

Cited 4 times | Published | Florida 4th District Court of Appeal

her husband's estate under authority of F.S.A. § 45.11. It resulted in a verdict in the sum of $50,000
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Florida East Coast Ry. Co. v. Soper, 146 So. 2d 605 (Fla. 3d DCA 1962).

Cited 3 times | Published | Florida 3rd District Court of Appeal

brought by his estate under the survival statute, § 45.11, Fla. Stat., F.S.A., and wrongful death statute
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Alabama Educ. Ass'n v. State Superintendent of Educ., 746 F.3d 1135 (11th Cir. 2014).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit

“political activity” to electioneering. See, e.g., § 45-11-231.11 (“Political activities”), which prohibits
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Young v. St. Vincent's Med. Ctr., 653 So. 2d 499 (Fla. 1st DCA 1995).

Cited 2 times | Published | Florida 1st District Court of Appeal | 1995 WL 234614

(1971), superseded by F.S. 768.16.27 (1973). [6] F.S. 45.11 (1965), as amended, F.S. 46.021 (1971), superseded
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Doby v. Griffin, 171 So. 2d 404 (Fla. Dist. Ct. App. 1965).

Cited 1 times | Published | District Court of Appeal of Florida

an action under the survival statute Fla.Stat. § 45.11, F.S.A. The case is one of two causes of action
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STATE OF FLA., DEPT. OF HRS v. Friends of Child., 653 F. Supp. 1221 (N.D. Fla. 1986).

Cited 1 times | Published | District Court, N.D. Florida | 55 U.S.L.W. 2511, 1986 U.S. Dist. LEXIS 16013

constitutionality." Sutherland Statutory Construction § 45.11 (4th Ed.1984). Although the legislature has generally
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Culloden v. Music, 226 So. 2d 240 (Fla. Dist. Ct. App. 1969).

Published | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5252

of action for the death of any minor child. Section 45.11, Florida Statutes, provides that no action for
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O'Brien v. Mitchell, 190 So. 2d 189 (Fla. Dist. Ct. App. 1966).

Published | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 4874

in pari materia with the survival statute [Section 45.11] and the probate provision concerning resident
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Colonial Enter., Inc. v. Hill, 227 So. 2d 481 (Fla. 1969).

Published | Supreme Court of Florida | 1969 Fla. LEXIS 2141

judice was brought under authority of Fla.Stat., § 45.11 (now Fla. Stat., § 46.021, F.S.A.), by the daughter
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Beaven v. Seaboard Air Line R., 100 F. Supp. 336 (N.D. Fla. 1951).

Published | District Court, N.D. Florida | 1951 U.S. Dist. LEXIS 3928

action under the Survival of Action Statute, Section 45.11, Florida Statutes 1941, F.S.A., to recover the
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Fowlkes v. Sinnamon, 97 So. 2d 626 (Fla. Dist. Ct. App. 1957).

Published | District Court of Appeal of Florida

damages, under the Survival of Action Statute, Section 45.11, Fla.Stat., F.S.A. On Christmas Eve, 1955, shortly
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Niemi v. Mebane Oil Co., 303 So. 2d 661 (Fla. Dist. Ct. App. 1974).

Published | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8345

compensable element of damage recoverable under Florida Statute 45.11 [now § 46.021] ? Examination of the briefs
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James Snell v. United Specialty Ins. Co. (11th Cir. 2024).

Published | Court of Appeals for the Eleventh Circuit

Argued: Dec 13, 2023

4 Law and Prac. of Ins. Coverage Litig. § 45:11 (July 2023 Update) (emphasis added) (quotation
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Levy v. Baptist Hosp. of Miami, Inc., 210 So. 2d 730 (Fla. Dist. Ct. App. 1968).

Published | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5597

executrix, pursuant to the survival statute, Fla.Stat. § 45.11 (1965), F.S.A. Included, inter alia, was a claim
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In re Supplemental Petition for Changes in the Florida Rules of Prob. & Guardianship Procedure, 344 So. 2d 828 (Fla. 1977).

Published | Supreme Court of Florida | 1977 Fla. LEXIS 3890

give a bond with sureties as prescribed in Section 45.011, Florida Statutes, conditioned to make due
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Birdsong v. Hendry, 128 So. 2d 404 (Fla. Dist. Ct. App. 1961).

Published | District Court of Appeal of Florida | 1961 Fla. App. LEXIS 3020

offered at the trial under the survival statute, Section 45.11, Florida Statutes [F.S.A.], and the jury was
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US Bank, N.A. v. Boyer, 125 So. 3d 997 (Fla. 2d DCA 2013).

Published | Florida 2nd District Court of Appeal | 2013 WL 3239624, 2013 Fla. App. LEXIS 10263

...Section 57.011 provides that [wjhen a nonresident plaintiff begins an action ..., he or she shall file a bond with surety to be approved by the clerk of $100, conditioned to pay all costs which may be adjudged against him or her in said action in the court in which the action is brought. (Emphasis added.) Section 45.011, Florida Statutes (2011), defines a “bond with surety” as [1] a bond with two good and sufficient sureties, each with unencumbered property not subject to any exemption afforded by law equal in value to the penal sum of the bond or...
...ny as surety or [3] a cash deposit conditioned as for a bond. The “bond with surety” in this case was a “cash deposit conditioned as for a bond.” US Bank’s attorney did not act as a surety as contemplated by the first two types of bonds in section 45.011; instead, U.S. Bank’s attorney, acting as U.S. Bank’s agent, advanced a cash deposit of $100 to serve as the third type of “bond with surety” described in section 45.011....
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Cameron v. Mittuch, 113 So. 2d 389 (Fla. Dist. Ct. App. 1959).

Published | District Court of Appeal of Florida | 1959 Fla. App. LEXIS 2599

in Volume 1 at page 254 (3rd Ed.1951). . Section 45.11, Fla.Stat., F.S.A., Necker v. Gallinger, 160
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Necker v. Gallinger, 35 So. 2d 647 (Fla. 1948).

Published | Supreme Court of Florida | 160 Fla. 547, 1948 Fla. LEXIS 794

upon the theory that the cause of action under Section 45.11, F.S.A., did not survive and the suit could
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Smith v. Lassing, 189 So. 2d 244 (Fla. Dist. Ct. App. 1966).

Published | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 5189

768, F.S.A., and the survival statute, F.S.A. § 45.11. Judgment in the sum of $25,000.00 was entered
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R.J. Reynolds Tobacco Co. v. Jennifer Rey (Fla. 3d DCA 2025).

Published | Florida 3rd District Court of Appeal

...3d 1071, 1079 (Fla. 2014) (“An affirmative defense is a defense which admits the cause of action, but avoids liability, in whole or in part, by alleging an excuse, justification, or other matter negating or limiting liability.”) (quotation marks omitted); cf. § 45.011(2), (3), Fla....
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Osceola v. Greene, 217 So. 2d 609 (Fla. Dist. Ct. App. 1969).

Published | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 6382

damages as adminis-tratrix of his estate, under § 45.11, now § 46.021 Fla.Stat., F.S.A. The two cases were
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Guarniere v. Henderson, 171 So. 2d 617 (Fla. Dist. Ct. App. 1965).

Published | District Court of Appeal of Florida

this cause of action survived by reason of Section 45.-11. Clearly the surviving parents in this instance
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Levitt v. Oppenheimer, 108 So. 2d 776 (Fla. Dist. Ct. App. 1959).

Published | District Court of Appeal of Florida | 1959 Fla. App. LEXIS 3029

J., and HORTON and PEARSON, JJ., concur. . Section 45.11, Fla.Stat., F.S.A. . Section 768.03, Fla.Stat
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Field v. Newsom, 170 So. 2d 50 (Fla. 3d DCA 1964).

Published | Florida 3rd District Court of Appeal

19(a) (1) Florida Rules of Civil Procedure and § 45.11 Fla.Stat., F.S.A.1 The Supreme Court of Florida
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Martin v. Johns, 91 So. 2d 332 (Fla. 1956).

Published | Supreme Court of Florida

above named appel-lee, as administratrix, under Section 45.11, Florida Statutes, F.S.A. At the second trial
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In re Florida Rules of Prob. & Guardianship Procedure, 324 So. 2d 38 (Fla. 1975).

Published | Supreme Court of Florida | 1975 Fla. LEXIS 4473

...to be surrendered or delivered. (c) If the administration of the estate has not been completed before the entry of order of partial distribution, the court may require the person entitled to distribution to give a bond with sureties as prescribed in Section 45.011, Florida Statutes, conditioned to make due contribution for the payment of devises, family allowance, spouse’s elective share, estate and inheritance taxes, claims, charges, expenses of administration and equalization in case of advancements, plus interest, if any, on them.....
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Smith v. Laskey, 222 So. 2d 773 (Fla. Dist. Ct. App. 1969).

Published | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5857

was referred to as a survival action, under Section 45.11, F.S.1965 (now Section 46.021, F.S.1967, F.S
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Phillippi Creek Homes, Inc. v. Arnold, 174 So. 2d 552 (Fla. Dist. Ct. App. 1965).

Published | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 4091

obligor has been modified by statute, Fla. Stat. § 45.11, F.S.A., which now provides: “Actions; surviving

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