Florida/Georgia Personal Injury & Workers Compensation

...thereunder. .... 86.051 Enumeration not exclusive. — The enumeration in ss. 86.021, 86.031 and 86.041 does not limit or restrict the exercise of the general powers *11 conferred in s. 86.011 in any action where declaratory relief is sought.... .... 86.071 Jury trials....

...section 86.051, which provides that the enumeration in section 86.021, upon which the Court relied in Columbia Casualty, does not limit or restrict the exercise of the general powers conferred in section 86.011; (3) the part of the Act, now found in section 86.071, which provides for jury trials when an action under the Act concerns the determination of an issue of fact; or (4) the part of the Act, now found in section 86.101, which provides that the Act is to be liberally administered and construed. We agree with the Fourth District that sections 86.011(2), 86.051, 86.071, and 86.101 support the conclusion that an insurer may pursue a declaratory action which requires a determination of the existence or nonexistence of a fact upon which the insurer's obligations under an insurance policy depend....

....011." Therefore, we now conclude that the Columbia Casualty decision was too limiting of the scope of section 86.021 when read with this other section of the statutes. Third, the Legislature clearly contemplated fact-finding in declaratory actions. Section 86.071 expressly provides a mechanism for jury trials when an action under the Act concerns the determination of an issue of fact....

...determine if a fact exists (intentional shooting) which would establish the existence of an "immunity, power, privilege or right" (lack of coverage). If the legislature did not contemplate some fact finding in declaratory actions, it is curious why section 86.071 provides that "a determination of an issue of fact" may be submitted to a jury....

...In the present case, we approve the decision of the district court affirming the trial court's decision to have the indemnity *18 coverage issue tried prior to the underlying tort action. III. CONCLUSION On the basis of sections 86.011(2), 86.051, 86.071, and 86.101, as well as with an understanding of the evolution of the declaratory action in Florida's jurisprudence, we answer the certified question in the affirmative and recede from Columbia Casualty and its progeny....

...Both versions of the statute provided that "[a] contract may be construed either before or after there has been a breach" thereof. Compare § 87.03, Fla.Stat. (1951) with § 86.031, Fla.Stat (2000). Both versions allowed for the submission of fact issues to a jury. Compare § 87.08, Fla.Stat. (1951) with § 86.071, Fla.Stat....

...determine if a fact exists (intentional shooting) which would establish the existence of an "immunity, power, privilege or right" (lack of coverage). If the legislature did not contemplate some fact finding in declaratory actions, it is curious why section 86.071 provides that "a determination of an issue of fact" may be submitted to a jury....

stores, arcades, hotels, and motels. 2001 Ordinance § 86-71. The 2001 Ordinance, in other words, regulates

...Consequently, I would reverse that order as well as the summary judgment. NOTES [1] For a discussion of this question see American Fire and Casualty Company v. Collura, Fla.App. 1964, 163 So.2d 784, 788, 794. [2] See F.S. 1965, Section 87.08, F.S.A. (now F.S. 1967, Section 86.071, F.S.A.) which provides for the use of a jury to determine factual issues in declaratory judgment suits.

...t contemplate the application of this statute to the facts [of the case]"); Allstate Ins. Co. v. Conde, 595 So.2d 1005, 1007 n. 4 (Fla. 5th DCA 1992)("If the legislature did not contemplate some fact finding in declaratory actions, it is curious why section 86.071 provides that `a determination of an issue of fact' may be submitted to a jury.")....

...and should be resolved prior to a jury trial of the legal issues raised in the complaint. Southwestern Life Insurance Co. v. Gerson, Fla.App. 1966, 187 So.2d 63; Adams v. Citizens Bank of Brevard, Fla. App. 1971, 248 So.2d 682; see also, Fla. Stat. § 86.071, F.S.A....

...provides: "(3) When the initial pleading does not show that the action is founded on a duly recorded instrument, or on a mechanic's lien, the court may control and discharge the notice of lis pendens as the court may grant and dissolve injunctions. [2] Fla. Stat. § 86.071, F.S.A., pertaining to declaratory judgments, reads as follows: "When an action under this chapter concerns the determination of an issue of fact, the issue may be tried as issues of fact are tried in other civil actions in the court in which the proceeding is pending....

...ed of in a non-jury trial. However, all of the issues presented, including those raised in the declaratory action, entitled FRWP to a jury trial. In a declaratory action based on equitable claims, the right to a jury trial is directory (permissive). § 86.071, Fla....

...The carrier filed an action to determine the limits and demanded a jury trial. The case proceeded to jury trial but a mistrial was declared during closing argument. The matter was reset for a jury trial but on the morning of trial the carrier made a motion to withdraw its demand for jury trial and stated that under Section 86.071, Florida Statutes (1981), the court had discretion whether to submit questions of fact to a jury....

...ssues to a jury. Berg v. New York Life Insurance Company, 88 So.2d 915 (Fla. 1956). This does not mean, however, that a court of equity may submit to a jury issues of fact which are traditionally within the province of the equity court to determine. Section 86.071, Fla....

...insurance. Valiante further seeks payment of benefits pursuant to the contract. The complaint sets forth issues of law and fact. The lower court granted Allstate's motion to strike Valiante's demand for a jury trial. Allstate now concedes that under section 86.071, Florida Statutes (1983), Valiante has a right to a jury trial on the factual issues should the legal questions presented in his complaint be decided in Valiante's favor....

...For the reader’s information the Fourth District Court of Appeal sitting en banc has explored the details of these issues at some length. State Farm Fire & Casualty Co. v. Higgins, 788 So.2d 992 (Fla. 4th DCA), rev. granted, 794 So.2d 604 (Fla.2001). . Section 86.071 provides specifically for the determination of issues of fact as in other civil actions....

...Following a bench trial, the court determined Goodell was not an employee at the time of the theft and held Farm Bureau liable on the policy. When a declaratory action is brought under chapter 86, issues of fact are tried as in other civil actions. § 86.071, Fla....

...than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action.” Fla. R. Civ. P. 1.530(b). In actions for declaratory relief, Florida law permits juries to make factual determinations. § 86.071, Fla....

...hancery.” § 86.111, Fla. Stat. (2022). While the jury makes factual determinations, the court must apply the law to those factual determinations. A jury can answer interrogatories, which the trial judge uses to rule on the pending issues. See § 86.071, Fla....

PER CURIAM. Affirmed. Vogel v. Vandiver, 373 So.2d 366 (Fla. 2d DCA 1979); Horton v. O’Rourke, 321 So.2d 612 (Fla. 2d DCA 1975); Section 86.071 Florida Statutes (1981).

may direct their submission to a jury. Fla.Stat. § 86.071 (1973). The procedure followed in Sinclair and

the parties in this case is the existence of Section 86.071, Florida Statutes (1981), which provides in

...Town of Palm Beach, 398 So.2d 952 (Fla. 4th DCA 1981). All of the defects in appellant’s proceedings which were recited in our earlier opinion entitled appellee to a de novo consideration of the issue ultimately determined by the jury pursuant to section 86.071, Florida Statutes (1983)....