Florida Statute 86.91 - 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. 86.091

86.091 Parties.—When declaratory relief is sought, all persons may be made parties who have or claim any interest which would be affected by the declaration. No declaration shall prejudice the rights of persons not parties to the proceedings. In any proceeding concerning the validity of a county or municipal charter, ordinance, or franchise, such county or municipality shall be made a party and shall be entitled to be heard. If the statute, charter, ordinance, or franchise is alleged to be unconstitutional, the Attorney General or the state attorney of the judicial circuit in which the action is pending shall be served with a copy of the complaint and be entitled to be heard.

History.—s. 10, ch. 21820, 1943; s. 1, ch. 59-440; s. 38, ch. 67-254.

Note.—Former s. 87.10.

F.S. 86.091 on Google Scholar

F.S. 86.091 on CourtListener

Amendments to 86.091

Annotations, Discussions, Cases:

Cases Citing Statute 86.091

Total Results: 49

Norman E. Wymbs and Ann R. Cassady v. Republican State Executive Committee of Florida

719 F.2d 1072, 1983 U.S. App. LEXIS 15734

Court of Appeals for the Eleventh Circuit | Filed: Oct 31, 1983 | Docket: 777909

Cited 104 times | Published

suit was filed. 5 . Fla.Stat.Ann. § 86.091 requires that “[if a state] statute, charter,

Kendrick v. Everheart

390 So. 2d 53

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

Cited 40 times | Published

General, intervened in the case pursuant to section 86.091, Florida Statutes,[5] to defend the constitutionality

Mallory v. Harkness

923 F. Supp. 1546, 1996 U.S. Dist. LEXIS 5399, 1996 WL 197367

District Court, S.D. Florida | Filed: Mar 12, 1996 | Docket: 1794374

Cited 31 times | Published

Injunction. The motion to intervene was based on § 86.091, Fla.Stat. which requires the Attorney General

Lazarus v. Faircloth

301 F. Supp. 266, 1969 U.S. Dist. LEXIS 9950

District Court, S.D. Florida | Filed: Jun 9, 1969 | Docket: 1244847

Cited 29 times | Published

state's attorney) be made a party. Fla. Statute § 86.091, F.S.A. He points out that his office, in most

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

State" is merely a nullification of Fla. Stat. § 86.091, relating to parties, which holds that no declaration

Orion Ins. v. Magnetic Imag. Systems I

696 So. 2d 475, 1997 WL 361853

District Court of Appeal of Florida | Filed: Jul 2, 1997 | Docket: 1695981

Cited 14 times | Published

complaint as required by the Florida Statutes. See § 86.091, Fla.Stat. (1995); Buckley v. City of Miami Beach

Bethel v. SECURITY NAT. INS. CO.

949 So. 2d 219, 2006 Fla. App. LEXIS 21309, 2006 WL 3734270

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 1185271

Cited 13 times | Published

Glasser, 622 So.2d 944, 948 (Fla. 1993). See also § 86.091, Fla. Stat. (2004) ("When declaratory relief is

Tornillo v. Miami Herald Publishing Company

287 So. 2d 78

Supreme Court of Florida | Filed: Jul 18, 1973 | Docket: 2466942

Cited 13 times | Published

relief and punitive damages. Pursuant to Florida Statute 86.091, F.S.A., the Attorney General of this State

STATE, DEPT. OF HEALTH v. Cox

627 So. 2d 1210, 1993 WL 496042

District Court of Appeal of Florida | Filed: Dec 1, 1993 | Docket: 2450219

Cited 12 times | Published

the constitutionality of a state statute. See § 86.091, Fla. Stat. (1991). The Attorney General declined

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

Although the state may be made a party pursuant to section 86.091, Florida Statutes (1999), allowing the attorney

Mayo v. National Truck Brokers, Inc.

220 So. 2d 11

Supreme Court of Florida | Filed: Mar 5, 1969 | Docket: 1727708

Cited 10 times | Published

sufficiently complied with the requirements of F.S. Section 86.091, F.S.A., relative to serving a copy of the

Pagan v. SARASOTA COUNTY PUBLIC HOSP. BD.

884 So. 2d 257, 2004 WL 1809862

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 1281834

Cited 8 times | Published

[or] collateral estoppel" on the intervenors. See § 86.091, Fla. Stat. (2001) (providing in declaratory judgment

In Re Amendments to the Florida Rules of Civil Procedure

52 So. 3d 579, 35 Fla. L. Weekly Supp. 494, 2010 Fla. LEXIS 1507, 2010 WL 3488983

Supreme Court of Florida | Filed: Sep 8, 2010 | Docket: 2556550

Cited 7 times | Published

party to the action; however, consistent with section 86.091, Florida Statutes, the Florida Attorney General

Riggenbach v. Rhodes

267 So. 3d 551

District Court of Appeal of Florida | Filed: Mar 29, 2019 | Docket: 64709237

Cited 6 times | Published

of Florida Rule of Civil Procedure 1.071 and section 86.091, Florida Statutes (2017), it shall consider

Citizens Property Insurance Corp. v. Ifergane

114 So. 3d 190, 2012 WL 4010964, 2012 Fla. App. LEXIS 15236

District Court of Appeal of Florida | Filed: Sep 12, 2012 | Docket: 60231794

Cited 6 times | Published

interest which would be affected by the declaration.” § 86.091, Fla. Stat. (2011). Citizens was not entitled

Brown v. Butterworth

831 So. 2d 683, 2002 WL 31355246

District Court of Appeal of Florida | Filed: Oct 11, 2002 | Docket: 1722923

Cited 6 times | Published

States Constitution." 817 So.2d at 824. [9] See § 86.091, Fla. Stat. (2002) (in any action for a declaratory

City of Haines City v. Allen

509 So. 2d 982, 12 Fla. L. Weekly 1685, 1987 Fla. App. LEXIS 9268

District Court of Appeal of Florida | Filed: Jul 8, 1987 | Docket: 1361903

Cited 6 times | Published

which would be affected by the declaration. Section 86.091, Fla. Stat. (1985). A party against whom a

Delta Cas. Co. v. Pinnacle Medical, Inc.

721 So. 2d 321

District Court of Appeal of Florida | Filed: Oct 2, 1998 | Docket: 1323285

Cited 5 times | Published

complaint as required by the Florida Statutes. See § 86.091, Fla. Stat. (1995); Buckley v. City of Miami Beach

Fasig v. Florida Society of Pathologists

769 So. 2d 1151, 2000 WL 1675588

District Court of Appeal of Florida | Filed: Nov 9, 2000 | Docket: 1739097

Cited 4 times | Published

rights of persons not parties to the proceedings." § 86.091, Fla. Stat. (1997). Since appellants are not parties

Jacobs & Goodman, PA v. McLIN, BURNSED, MORRISON, JOHNSON & ROBUCK, PA

582 So. 2d 98, 1991 Fla. App. LEXIS 5996, 1991 WL 111489

District Court of Appeal of Florida | Filed: Jun 27, 1991 | Docket: 1363780

Cited 4 times | Published

of persons not parties to the proceedings. Section 86.091, Fla. Stat. (1989). Ramsey's interests would

Florida Carry, Inc. v. University of North Florida

133 So. 3d 966, 2013 WL 6480789, 2013 Fla. App. LEXIS 19600

District Court of Appeal of Florida | Filed: Dec 10, 2013 | Docket: 60238981

Cited 3 times | Published

often, it was the lack of compliance below with section 86.091, Florida Statutes, which requires in declaratory

MARTIN MEM. MED. CENTER, INC. v. Tenet Healthsystem Hospitals, Inc.

875 So. 2d 797, 2004 WL 1439872

District Court of Appeal of Florida | Filed: Jun 29, 2004 | Docket: 1683971

Cited 3 times | Published

participate in this appeal in any capacity, section 86.091, Florida Statutes (2003), requires that we

State, Dept. of Educ. v. Glasser

622 So. 2d 1003, 1992 WL 179420

District Court of Appeal of Florida | Filed: Jul 31, 1992 | Docket: 1529037

Cited 3 times | Published

trial court denied the motion. Pursuant to section 86.091, Florida Statutes (1989), the trial court allowed

City of Hialeah Gardens v. Dade County

348 So. 2d 1174, 1977 Fla. App. LEXIS 16413

District Court of Appeal of Florida | Filed: Jul 12, 1977 | Docket: 1760809

Cited 3 times | Published

to be determined by declaratory decree. See Section 86.091, Florida Statutes (1975). Thus, it was within

Cohn v. GRAND CONDOMINIUM ASS'N, INC.

26 So. 3d 8, 2009 Fla. App. LEXIS 16833, 2009 WL 3763031

District Court of Appeal of Florida | Filed: Nov 12, 2009 | Docket: 489666

Cited 2 times | Published

declined to participate in the litigation. See § 86.091, Fla. Stat. (2007). [2] While the trial court's

I.A. Durbin, Inc. v. Jefferson National Bank

793 F.2d 1541

Court of Appeals for the Eleventh Circuit | Filed: Jul 21, 1986 | Docket: 66216918

Cited 2 times | Published

the district court concluded that Fla. Stat.Ann. § 86.091 (West Supp.1986) does not require joinder of the

Sanchez v. Pingree

494 F. Supp. 68, 1980 U.S. Dist. LEXIS 14573

District Court, S.D. Florida | Filed: May 16, 1980 | Docket: 2019176

Cited 2 times | Published

required by Local Rule 9 B and Florida Statutes § 86.091. This requirement has been met. [3] The Supreme

Riggenbach v. Rhodes

267 So. 3d 551

District Court of Appeal of Florida | Filed: Mar 29, 2019 | Docket: 64709238

Cited 1 times | Published

of Florida Rule of Civil Procedure 1.071 and section 86.091, Florida Statutes (2017), it shall consider

Shelton v. The Bank of New York Mellon

203 So. 3d 1003, 2016 Fla. App. LEXIS 16641

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 4486972

Cited 1 times | Published

and intended to clarify the requirements of section 86.091, Florida Statutes (2010), regarding notice

Murphy v. Charter Oak Fire Insurance

166 F. Supp. 3d 1311, 2015 U.S. Dist. LEXIS 177509, 2015 WL 10568888

District Court, S.D. Florida | Filed: Sep 8, 2015 | Docket: 64307280

Cited 1 times | Published

an interested party pursuant to Florida Statute § 86.091. According to the Amended Complaint, the Murphys

Parmenia LLC v. Fondo De Inversion Stella

District Court of Appeal of Florida | Filed: Feb 12, 2025 | Docket: 69632701

Published

rights of persons not parties to the proceedings.” § 86.091, Fla. Stat. This requirement “expressly contemplates

RAMLE INTERNATIONAL CORP. v. MIAMI-DADE COUNTY, FLORIDA

District Court of Appeal of Florida | Filed: Oct 18, 2023 | Docket: 67891578

Published

constitutional challenge to a state statute. Section 86.091, Florida Statutes, provides that “[i]f the

TOWER RADIOLOGY CENTER v. DIRECT GENERAL INSURANCE COMPANY

District Court of Appeal of Florida | Filed: Sep 21, 2022 | Docket: 65363949

Published

declaratory judgment action, the trial court violated section 86.091, Florida Statutes (2021), when it relied on

FELIX SOTO v. CARROLLWOOD VILLAGE PHASE I I I

District Court of Appeal of Florida | Filed: Sep 3, 2021 | Docket: 60361365

Published

whether Citi Financial's title is void. See § 86.091, Fla. Stat. (2017) ("When declaratory relief

T. L. v. F. M.

District Court of Appeal of Florida | Filed: Mar 13, 2019 | Docket: 14693142

Published

heard when constitutional issues arise); cf. § 86.091, Fla. Stat. (2017) (requiring that the State be

R.J. REYNOLDS TOBACCO COMPANY v. JAN GROSSMAN, as Personal Representative of the ESTATE OF LAURA GROSSMAN

250 So. 3d 91

District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 7061987

Published

of Florida Rule of Civil Procedure 1.071 and section 86.091, Florida Statutes (2017), requiring notice

In Re: Amendments to Florida Family Law Rules of Procedure

214 So. 3d 400, 42 Fla. L. Weekly Supp. 319, 2017 WL 1031456, 2017 Fla. LEXIS 598

Supreme Court of Florida | Filed: Mar 16, 2017 | Docket: 4618309

Published

of a constitutional challenge as required by section 86.091, Florida Statutes. This form is to be used

Inquiry Concerning a Judge, No. 13-25 Re: Andrew J. Decker, III – Corrected Opinion

Supreme Court of Florida | Filed: Mar 9, 2017 | Docket: 4615972

Published

the State Attorney General is required, see section 86.091, Florida Statutes, we are reluctant to rule

Inquiry Concerning a Judge, No. 13-25 re: Andrew J. Decker, III

212 So. 3d 291, 42 Fla. L. Weekly Fed. S 272, 2017 WL 822184, 2017 Fla. LEXIS 423

Supreme Court of Florida | Filed: Mar 2, 2017 | Docket: 4612628

Published

the State Attorney General is required, see section 86.091, Florida Statutes, we are reluctant to rule

Progressive American Insurance Co. v. Eduardo J. Garrido D.C. P.A., Etc.

211 So. 3d 1086, 2017 WL 621239, 2017 Fla. App. LEXIS 1993

District Court of Appeal of Florida | Filed: Feb 15, 2017 | Docket: 4585355

Published

of the Florida Rules of Civil Procedure and section 86.091 of the Florida Statutes, Garrido gave the required

Reinstein v. Pediatric Gastroenterology, Hepatology & Nutrition of Florida, P.A.

25 So. 3d 54, 2009 Fla. App. LEXIS 19301, 2009 WL 5126601

District Court of Appeal of Florida | Filed: Dec 11, 2009 | Docket: 60287599

Published

Holley, 59 So.2d 636, 639 (Fla.1952)); see also § 86.091, Fla. Stat. (2004) (“When declaratory relief is

Pagan v. Sarasota County Public Hospital Board

884 So. 2d 257, 2004 Fla. App. LEXIS 11826

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 64833468

Published

collateral estoppel” on the in-tervenors. See § 86.091, Fla. Stat. (2001) (providing in declaratory judgment

State Farm Mutual Automobile Insurance v. Warren

805 So. 2d 1074, 2002 Fla. App. LEXIS 952, 2002 WL 125608

District Court of Appeal of Florida | Filed: Feb 1, 2002 | Docket: 64812038

Published

was not joined in this action as required by section 86.091, Florida Statutes (1999), when the constitutionality

J.C. ex rel. W.H. v. School Board of Orange County

668 So. 2d 693, 1996 WL 82735

District Court of Appeal of Florida | Filed: Feb 28, 1996 | Docket: 64762639

Published

Tallahassee, was served and made a party pursuant to section 86.091, Florida Statutes, with respect to an argument

Buckley v. City of Miami Beach

559 So. 2d 310, 1990 Fla. App. LEXIS 2235, 1990 WL 37428

District Court of Appeal of Florida | Filed: Apr 3, 1990 | Docket: 64649494

Published

office in the manner required by law. See, Section 86.091, Florida Statutes, which provides in part:

Sims v. Florida, Department of Highway Safety & Motor Vehicles

862 F.2d 1449

Court of Appeals for the Eleventh Circuit | Filed: Jan 11, 1989 | Docket: 66240657

Published

Smith, as a defendant solely because Fla.Stat. § 86.091 (1987) requires the plaintiff in a suit in state

Laborers' International Union of North America, Local 517 v. Greater Orlando Aviation Authority

385 So. 2d 716, 1980 Fla. App. LEXIS 16651

District Court of Appeal of Florida | Filed: Jun 27, 1980 | Docket: 64577164

Published

Authority, 347 So.2d 801 (Fla. 2d DCA 1979). . Section 86.091, Florida Statutes (1977), provides in part:

Overstreet v. Ginsberg

233 So. 2d 184, 1970 Fla. App. LEXIS 6645

District Court of Appeal of Florida | Filed: Mar 17, 1970 | Docket: 64513797

Published

defendants under either § 215.03, § 86.081 or § 86.091, Fla. Stat., F.S.A. Ginsberg performed a fine

Field v. City of Fort Lauderdale

227 So. 2d 530, 1969 Fla. App. LEXIS 5129

District Court of Appeal of Florida | Filed: Oct 31, 1969 | Docket: 64511871

Published

provisions of Chapter 86, Florida Statutes [F.S.A.], Section 86.091, it is provided that no declaration shall prejudice