Declaratory Judgments in Florida
Bob Hurt
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FLORIDA STATUTES
CHAPTER 86 - DECLARATORY JUDGMENTS
http://leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0086/0086.html
86.011 Jurisdiction of trial court.
86.021 Power to construe.
86.031 Before breach.
86.041 Actions by executors, administrators, trustees, etc.
86.051 Enumeration not exclusive.
86.061 Supplemental relief.
86.071 Jury trials.
86.081 Costs.
86.091 Parties.
86.101 Construction of law.
86.111 Existence of another adequate remedy; effect.
86.011 Jurisdiction of trial court.—The circuit and county courts have jurisdiction within their respective jurisdictional amounts to declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed. No action or procedure is open to objection on the ground that a declaratory judgment is demanded. The court’s declaration may be either affirmative or negative in form and effect and such declaration has the force and effect of a final judgment. The court may render declaratory judgments on the existence, or nonexistence:
(1) Of any immunity, power, privilege, or right; or
(2) Of any fact upon which the existence or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. Any person seeking a declaratory judgment may also demand additional, alternative, coercive, subsequent, or supplemental relief in the same action.
History.—s. 1, ch. 21820, 1943; s. 2, ch. 29737, 1955; s. 38, ch. 67-254; s. 3, ch. 90-269.
Note.—Former s. 87.01.
86.021 Power to construe.—Any person claiming to be interested or who may be in doubt about his or her rights under a deed, will, contract, or other article, memorandum, or instrument in writing or whose rights, status, or other equitable or legal relations are affected by a statute, or any regulation made under statutory authority, or by municipal ordinance, contract, deed, will, franchise, or other article, memorandum, or instrument in writing may have determined any question of construction or validity arising under such statute, regulation, municipal ordinance, contract, deed, will, franchise, or other article, memorandum, or instrument in writing, or any part thereof, and obtain a declaration of rights, status, or other equitable or legal relations thereunder.
History.—s. 2, ch. 21820, 1943; s. 38, ch. 67-254; s. 458, ch. 95-147.
Note.—Former s. 87.02.
86.031 Before breach.—A contract may be construed either before or after there has been a breach of it.
History.—s. 3, ch. 21820, 1943; s. 38, ch. 67-254.
Note.—Former s. 87.03.
86.041 Actions by executors, administrators, trustees, etc.—Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, a guardianship, or of the estate of a decedent, an infant, a mental incompetent, or insolvent may have a declaration of rights or equitable or legal relations in respect thereto:
(1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others; or
(2) To direct the executor, administrator, or trustee to refrain from doing any particular act in his or her fiduciary capacity; or
(3) To determine any question arising in the administration of the guardianship, estate, or trust, including questions of construction of wills and other writings.
For the purpose of this section, a “mental incompetent” is one who, because of mental illness, mental retardation, senility, excessive use of drugs or alcohol, or other mental incapacity, is incapable of either managing his or her property or caring for himself or herself, or both.
History.—s. 4, ch. 21820, 1943; s. 38, ch. 67-254; s. 1, ch. 88-33; s. 459, ch. 95-147.
Note.—Former s. 87.04.
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 conferred in s. 86.011 in any action where declaratory relief is sought. Any declaratory judgment rendered pursuant to this chapter may be rendered by way of anticipation with respect to any act not yet done or any event which has not yet happened, and in such case the judgment shall have the same binding effect with respect to that future act or event, and the rights or liability to arise therefrom, as if that act or event had already been done or had already happened before the judgment was rendered.
History.—s. 5, ch. 21820, 1943; s. 38, ch. 67-254.
Note.—Former s. 87.05.
86.061 Supplemental relief.—Further relief based on a declaratory judgment may be granted when necessary or proper. The application therefor shall be by motion to the court having jurisdiction to grant relief. If the application is sufficient, the court shall require any adverse party whose rights have been adjudicated by the declaratory judgment to show cause on reasonable notice, why further relief should not be granted forthwith.
History.—s. 7, ch. 21820, 1943; s. 38, ch. 67-254.
Note.—Former s. 87.07.
86.071 Jury trials.—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. To settle questions of fact necessary to be determined before judgment can be rendered, the court may direct their submission to a jury. When a declaration of right or the granting of further relief based thereon concerns the determination of issues of fact triable by a jury, the issues may be submitted to a jury in the form of interrogatories, with proper instructions by the court, whether a general verdict is required or not. Neither this section nor any other section of this chapter shall be construed as requiring a jury to determine issues of fact in chancery actions.
History.—s. 8, ch. 21820, 1943; s. 38, ch. 67-254.
Note.—Former s. 87.08.
86.081 Costs.—The court may award costs as are equitable.
History.—s. 9, ch. 21820, 1943; s. 38, ch. 67-254.
Note.—Former s. 87.09.
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.
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.
86.111 Existence of another adequate remedy; effect.—The existence of another adequate remedy does not preclude a judgment for declaratory relief. The court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar. The court has power to give as full and complete equitable relief as it would have had if such proceeding had been instituted as an action in chancery.
History.—s. 12, ch. 21820, 1943; s. 2, ch. 29737, 1955; s. 38, ch. 67-254.
Note.—Former s. 87.12.
Excerpted from Florida Causes of Action 2011
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§17:30 DECLARATORY JUDGMENT
§17:30.1 Elements of Cause of Action - Florida Supreme Court
A party seeking declaratory relief must show:
[T]here is a bona fide, actual, present practical need for the declaration; that the declaration should deal with a present, ascertained or ascertainable state of facts or present controversy as to a state of facts; that some immunity, power, privilege or right of the complaining party is dependent upon the facts or the law applicable to the facts; that there is some person or persons who have, or reasonably may have an actual, present, adverse and antagonist interest in the subject matter, either in fact or law; that the antagonistic and adverse interest[s] are all before the court by proper process or class representation and that the relief sought is not merely giving of legal advice by the courts or the answer to questions propounded from curiosity. These elements are necessary in order to maintain the status of the proceeding as being judicial in nature and therefore within the constitutional powers of the courts.
Source
Coalition for Adequacy and Fairness in School Funding, Inc. v. Chiles, 680 So.2d 400, 404 (Fla. 1996).
SEE ALSO
1. Olive v. Maas, 811 So.2d 644, 648 (Fla. 2002).
2. Department of Revenue v. Kuhnlein, 646 So.2d 717, 721 (Fla. 1994), cert. denied, 115 S.Ct. 2608 (1995).
3. Santa Rosa County v. Administration Commission, Division of Administrative Hearings, 661 So.2d 1190, 1192 (Fla. 1995).
4. Martinez v. Scanlan, 582 So.2d 1167, 1170 (Fla. 1991).
5. Department of Revenue of State of Fla. v. Markham, 396 So.2d 1120, 1122 (Fla. 1981), superseded by statute on other grounds as stated in Crossings At Fleming Island Cmty. Dev. Dist. v. Echeverri, 991 So.2d 793 (Fla. 2008).
6. Kendrick v. Everheart, 390 So.2d 53, 59 (Fla. 1980).
7. Lambert v. Justus, 335 So.2d 818, 821 (Fla. 1976), receded from on other grounds by Higgins v. State Farm Fire and Cas. Co., 894 So.2d 5 (Fla. 2004).
8. May v. Holley, 59 So.2d 636 (Fla. 1952), same case, 75 So.2d 696 (Fla. 1954).
§17:30.1.1 Elements of Cause of Action - 1st DCA
The Florida Supreme Court explained: This Court has long held, however, that individuals seeking declaratory relief must show that there is a bona fide, actual, present practical need for the declaration; that the declaration should deal with a present, ascertained or ascertainable state of facts or present controversy as to a state of facts; that some immunity, power, privilege or right of the complaining party is dependent upon the facts or the law applicable to the facts; that there is some person or persons who have, or reasonably may have an actual, present, adverse and antagonistic interest in the subject matter, either in fact or law; that the antagonistic and adverse interest are all before the court by proper process or class representation and that the relief sought is not merely the giving of legal advice by the courts or the answer to questions propounded from curiosity. These elements are necessary in order to maintain the status of the proceeding as being judicial in nature and therefore within the constitutional powers of the courts. Thus, although a court may 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.
Source
Yell v. Healthmark of Walton, Inc., 772 So.2d 568, 570 (Fla. 1st DCA 2000).
See Also
1. State v. Florida Consumer Action Network, 830 So.2d 148, 151 (Fla. 1st DCA 2002), rev. denied, 852 So.2d 861 (Fla. 2003).
2. Reinish v. Clark, 765 So.2d 197, 203 (Fla. 1st DCA 2000), rev. dismissed, 773 So.2d 54 (Fla. 2000), rev. denied, 790 So.2d 1107 (Fla. 2001), cert. denied, 122 S.Ct. 458 (2001).
3. Travelers Insurance Company v. Emery, 579 So.2d 798, 800 n.1 (Fla. 1st DCA 1991).
4. Register v. Pierce, 530 So.2d 990, 992 (Fla. 1st DCA 1988), rev. denied, 537 So.2d 569 (Fla. 1988).
5. Dent v. Belin, 483 So.2d 61, 62 (Fla. 1st DCA 1986).
6. Robinson’s, Inc. v. Short, 146 So.2d 108, 111 (Fla. 1st DCA 1962), cert. denied, 152 So.2d 170 (Fla. 1963), cert. denied, 155 So.2d 548 (Fla. 1963).
7. The Tribune Co. Holdings, Inc., and Media Gen. Operations, Inc. v. State, Dept. of Revenue, 2010 WL 1709206, *2 (Fla. 1st DCA April 29, 2010).
§17:30.1.2 Elements of Cause of Action - 2nd DCA
In order to invoke jurisdiction under the Declaratory Judgment Act, the complaint must show that there is a bona fide, actual, present and practical need for the declaration; that the declaration will deal with present, ascertained or ascertainable state of facts, or present controversy as to a state of facts; that some immunity, power, privilege or right is dependent upon facts or law applicable to facts; that there is some person or persons who have, or reasonably may have, an actual, present, adverse and antagonist interest in the subject matter, either in fact or law; that the antagonistic and adverse interests are all before the court; and that the relief sought is not merely the giving of legal advice by the courts or the answers to questions propounded from curiosity. The test of the sufficiency of a complaint for declaratory action is not whether the complaint shows that plaintiff will succeed in getting a declaration of right in accordance with his theory and contention, but whether he is entitled to a declaration of rights at all. The possibility that the court will rule adversely to the plaintiff on the merits does not preclude the right to a declaratory decree.
Source
City of Sarasota v. Mikos, 613 So.2d 566, 567 (Fla. 2d DCA 1993).
SEE ALSO
1. Francis v. City of St. Petersburg, 640 So.2d 149, 151 (Fla. 2d DCA 1994).
2. Appel v. Scott, 479 So.2d 800, 802 (Fla. 2d DCA 1985).
3. Florida State Board of Dispensing Opticians v. Bayne, 204 So.2d 34, 37 (Fla. 2d DCA 1967), quashed on other grounds, 212 So.2d 762 (Fla. 1968).
4. Deen v. Tampa Port Authority, 201 So.2d 755, 761 (Fla. 2d DCA 1967), cert. denied, 207 So.2d 688 (Fla. 1967).
§17:30.1.3 Elements of Cause of Action - 3rd DCA
To state a cause of action for declaratory relief, a complaint must allege that: (1) there is a bona fide dispute between the parties; (2) the moving party has a justiciable question as to the existence or non-existence of some right, status, immunity, power or privilege, or as to some fact upon which the existence of such right, status, immunity, power or privilege does or may depend; (3) plaintiff is in doubt as to the right, status, immunity, power or privilege; and (4) there is a bona fide, actual, present need for the declaration.
SOURCE
Romo v. Amedex Ins. Co., 930 So.2d 643, 648 (Fla. 3d DCA 2006).
SEE ALSO
1. Floyd v. Guardian Life Insurance Company of America, 415 So.2d 103, 104 (Fla. 3d DCA 1982).
2. Kelner v. Woody, 399 So.2d 35, 37 (Fla. 3d DCA 1981).
3. Tavares v. Allstate Insurance Company, 342 So.2d 551, 553 (Fla. 3d DCA 1977).
§17:30.1.4 Elements of Cause of Action - 4th DCA
Before any proceeding for declaratory relief should be entertained it should be clearly made to appear that there is a bona fide, actual, present practical need for the declaration; that the declaration should deal with a present, ascertained or ascertainable state of facts or present controversy as to a state of facts; that some immunity, power, privilege or right of the complaining party is dependent upon the facts or the law applicable to the facts; that there is some person or persons who have, or reasonably may have an actual, present, adverse and antagonistic interest in the subject matter, either in fact or law; that the antagonistic and adverse interest are all before the court by proper process or class representation and that the relief sought is not merely the giving of legal advice by the courts or the answer to questions propounded from curiosity.
Source
Wells v. Wells, 24 So.3d 579, 583 (Fla. 4th DCA 2009).
SEE ALSO
1. City of Hollywood v. Petrosino, 864 So.2d 1175, 1177 (Fla. 4th DCA 2004).
2. Golf Club of Plantation, Inc. v. City of Plantation, 717 So.2d 166, 171 (Fla. 4th DCA 1998), subsequent appeal, 847 So.2d 1028 (Fla. 4th DCA 2003).
3. City of Hollywood v. Florida Power & Light Company, 624 So.2d 285, 286 (Fla. 4th DCA 1993).
4. Jackson v. Federal Insurance Company, 643 So.2d 56, 58 (Fla. 4th DCA 1994), rev. denied, 651 So.2d 1193 (Fla. 1995).
5. Adelsperger v. Midlantic National Bank and Trust Co., 567 So.2d 444 (Fla. 4th DCA 1990).
6. Robinson v. Town of Palm Beach Shores, 388 So.2d 314, 315 (Fla. 4th DCA 1980).
7. Milani v. Palm Beach County, 973 So.2d 1222, 1226 (Fla. 4th DCA 2008).
§17:30.1.5 Elements of Cause of Action - 5th DCA
The purpose of the declaratory judgment statute is to afford relief from insecurity and uncertainty with respect to rights, status, and other equitable or legal relations. Individuals seeking declaratory relief must show that there is a bona fide, actual, present, and practical need for the declaration; the declaration deals with a present, ascertained, or ascertainable state of facts or present controversy as to a state of facts; some immunity, power, privilege, or right of the complaining party is dependent upon the facts or the law applicable to the facts; there is some person or persons who have, or reasonably may have, an actual, present, adverse, and antagonist interest in the subject matter, either in fact or law; the antagonistic and adverse interests are all before the court by proper process or class representation; and the relief sought is not merely the giving of legal advice by the courts or the answer to questions propounded from curiosity. Absent a bona fide need for a declaration based on present, ascertainable facts, the circuit court lacks jurisdiction to render declaratory relief.
Source
State Farm Mutual Automobile Insurance Company v. Marshall, 618 So.2d 1377, 1380 (Fla. 5th DCA 1993), disapproved on other grounds, 630 So.2d 179, 182 (Fla. 1994).
See Also
1. Wilson v. County of Orange, 881 So.2d 625, 631 (Fla. 5th DCA 2004), rev. denied, 895 So.2d 406 (Fla. 2005).
2. Palumbo v. Moore, 777 So.2d 1177, 1178 (Fla. 5th DCA 2001) (“The standard for testing the sufficiency of a declaratory judgment complaint is found in May v. Holley, 59 So.2d 636, 639 (Fla. 1952).”).
§17:30.2 Statute of Limitations
Four Years. Fla. Stat. §95.11(3)(p); Hollywood Lakes Section Civic Assoc. v. City of Hollywood, 676 So.2d 500, 501 (Fla. 4th DCA 1996).
§17:30.3 References
1. 19 Fla. Jur. 2d Declaratory Judgments §§7–18, 52–56 (2005).
2. 22A Am. Jur. 2d Declaratory Judgments §§221–230 (2003).
3. 26 C.J.S. Declaratory Judgments §§136–143 (2001).
4. Florida Statutes ch. 86 (2005).
5. Gregor J. Schwinghammer, Jr., Insurance Litigation in Florida: Declaratory Judgments and the Duty to Defend, 50 U. Miami L. Rev. 945 (1996).
6. I. J. Slomowitz, Declaratory Judgments in Florida, 23 Fla. L. J. 281 (Oct. 1949).
7. Dianne K. Ericsson, Declaratory Judgment: Is It a Real or Illusory Solution?, 23 Tort & Ins. L.J. 161 (1987).
8. Jean E. Maess, Annotation, Right to Jury Trial in Action for Declaratory Relief in State Court, 33 A.L.R. 4th 146 (1984).
9. Jane M. Draper, Annotation, Insured’s Right to Recover Attorneys’ Fees Incurred in Declaratory Judgment Action to Determine Existence of Coverage Under Liability Policy, 87 A.L.R. 3d 429 (1978).
10. E. R. Tan, Annotation, Availability and Scope of Declaratory Judgment Actions in Determining Rights of Parties, or Powers and Exercise thereof by Arbitrators, under Arbitration Agreements, 12 A.L.R. 3d 854 (1967).
11. Walter H. Anderson, Actions for Declaratory Judgments (2d ed. 1951).
12. Edwin Borchard, Declaratory Judgments (1934).
§17:30.4 Defenses
1. Advisory Opinion: Florida courts will not render, in the form of a declaratory judgment, what amounts to an advisory opinion at the instance of parties who show merely the possibility of legal injury on the basis of a hypothetical state of facts which have not arisen and are only contingent, uncertain, and rest in the future. Santa Rosa County v. Administration Commission, Division of Administrative Hearings, 661 So.2d 1190, 1193 (Fla. 1995). See also State v. Florida Consumer Action Network, 830 So.2d 148, 152 (Fla. 1st DCA 2002), rev. denied, 852 So.2d 861 (Fla. 2003).
2. Public Official: As a general rule, a public official may only seek a declaratory judgment when he is willing to perform his duties, but prevented from doing so by others. Department of Revenue of State of Fla. v. Markham, 396 So.2d 1120, 1121 (Fla. 1981), superseded by statute on other grounds as stated in Crossings At Fleming Island Cmty. Dev. Dist. v. Echeverri, 991 So.2d 793 (Fla. 2008).
3. Resolving Issues of Fact: The declaratory judgment statutes authorize declaratory judgments in respect to insurance policy indemnity coverage and defense obligations in cases in which it is necessary to resolve issues of fact in order to decide the declaratory judgment action, and [we] recede from Columbia Casualty to the extent that it is inconsistent with this holding. Higgins v. State Farm Fire and Cas. Co., 894 So.2d 5, 15 (Fla. 2004).
4. Taxpayer: It has long been the rule in Florida that, in the absence of a constitutional challenge, a taxpayer may bring suit only upon a showing of special injury which is distinct from that suffered by other taxpayers in the taxing district. Department of Revenue of State of Fla. v. Markham, 396 So.2d 1120, 1121 (Fla. 1981), superseded by statute on other grounds as stated in Crossings At Fleming Island Cmty. Dev. Dist. v. Echeverri, 991 So.2d 793 (Fla. 2008).
5. Unauthorized Practice of Law: The Florida Bar is exclusively vested with the authority to prosecute claims for the unauthorized practice of law. Sigma Financial Corp. v. Investment Loss Recovery Services, Inc., 673 So.2d 572, 573 (Fla. 4th DCA 1996).
§17:30.5 Related Matters
1. Declaratory Statement: Petitions for declaratory statements are similar to petitions for declaratory judgments, and appellate courts are guided by decisions issued under the declaratory judgments statute. The purpose of a declaratory statement is to set out the agency’s opinion as to the applicability of a specified statutory provision or of any rule or order of the agency as it applies to the petitioner in a particular set of circumstances. Sutton v. Department of Environmental Protection, 654 So.2d 1047, 1048 (Fla. 5th DCA 1995).
2. Fact Issues: This court has recognized that “the more recent trend in the case law is to accord broader scope to the declaratory judgment act in reaching fact issues.” Higgins, 788 So.2d at 999. In fact, Columbia Casualty proscribes reaching fact issues in a declaratory judgment action only where there is no question as to the contract’s construction. 62 So.2d at 340. Therefore, here, it was appropriate for the trial court to reach factual issues where it was done in conjunction with a construction of the contract. Argus Photonics Group, Inc. v. Dickenson, 841 So.2d 598, 600 (Fla. 4th DCA 2003).
3. History, Statutory: As originally enacted, the Declaratory Judgment Statute, chapter 7857, Laws of Florida (1919), was considered and its scope first defined in Sheldon v. Powell, 99 Fla. 782, 128 So. 258 (Fla. 1930). Later, that statute was replaced with the uniform Declaratory Judgment Act, chapter 21820, Laws of Florida (1943) (Act), which was considered and its scope defined in Ready v. Safeway Rock Company, 157 Fla. 27, 24 So.2d 808 (Fla 1946). In Ready, the Court stated that the amended Act enlarged the scope of substantive and remedial remedies and was a legislative attempt to extend procedural remedies to comprehend relief in cases where technical or social advances have tended to obscure or place in doubt one’s rights, immunities, status, or privileges. Id. at 808–09. Although the Act was later transferred to chapter 86 of the Florida Statutes and a few of its provisions were amended, see ch. 67-254, §38, Laws of Fla., the language of the provisions quoted above and the purpose of the Act have remained largely unchanged since 1943. Higgins v. State Farm Fire and Cas. Co., 894 So.2d 5, 11 (Fla. 2004).
4. Insurance Policies: Bona fide disputes over the coverage of an insurance policy have been traditionally considered a proper subject for declaratory judgment relief. Tavares v. Allstate Insurance Company, 342 So.2d 551, 553 (Fla. 3d DCA 1977). See also Britamco Underwriters, Inc. v. Central Jersey Investments, 632 So.2d 138, 139 (Fla. 4th DCA 1994).
5. Intent: The legislature has expressly stated its intent that the declaratory judgment act be liberally construed to settle and afford relief from insecurity and uncertainty with respect to rights, status and other equitable or legal relations. Kendrick v. Everheart, 390 So.2d 53, 59 (Fla. 1980). The notion of a broad construction of the Declaratory Judgment Act was aptly stated in X Corp. v. Y Person, 622 So.2d 1098 (Fla. 2d DCA 1993), where the district court reasoned: The goals of the Declaratory Judgment Act are to relieve litigants of the common law rule that a declaration of rights cannot be adjudicated unless a right has been violated and to render practical help in ending controversies which have not reached the stage where other legal relief is immediately available. To operate within this sphere of anticipatory and preventive justice, the Declaratory Judgment Act should be liberally construed. Olive v. Maas, 811 So.2d 644, 648 (Fla. 2002). See also State v. Florida Consumer Action Network, 830 So.2d 148, 152 (Fla. 1st DCA 2002), rev. denied, 852 So.2d 861 (Fla. 2003); Higgins v. State Farm Fire and Cas. Co., 894 So.2d 5 (Fla. 2004).
6. Purpose: The purpose of a declaratory judgment is to afford parties relief from insecurity and uncertainty with respect to rights, status, and other equitable or legal relations. Coalition for Adequacy and Fairness in School Funding, Inc. v. Chiles, 680 So.2d 400, 404 (Fla. 1996). See also Santa Rosa County v. Administration Commission, Division of Administrative Hearings, 661 So.2d 1190, 1192 (Fla. 1995).
7. Statutory Remedy: A declaratory judgment is a statutorily created remedy. Martinez v. Scanlan, 582 So.2d 1167, 1170 (Fla. 1991).
8. Test of Sufficiency of Complaint: The test of the sufficiency of a complaint for declaratory action is not whether the complaint shows that plaintiff will succeed in getting a declaration of right in accordance with his theory and contention, but whether he is entitled to a declaration of rights at all. City of Sarasota v. Mikos, 613 So.2d 566, 567 (Fla. 2d DCA 1993). See also Wilson v. County of Orange, 881 So.2d 625, 631 (Fla. 5th DCA 2004), rev. denied, 895 So.2d 406 (Fla. 2005).
9. Third-Party Declaratory Action: A “third party declaratory action” refers to the circumstances in which an insured defendant brings a third-party complaint for liability coverage against its insurer as part of the underlying personal injury action. Higgins v. State Farm Fire and Cas. Co., 894 So.2d 5, 15 (Fla. 2004).
10. Validity of Statute: Generally speaking, individuals may challenge the validity of a statute in a declaratory judgment action. Martinez v. Scanlan, 582 So.2d 1167 (Fla. 1991). See also Wilson v. County of Orange, 881 So.2d 625, 631 (Fla. 5th DCA 2004), rev. denied, 895 So.2d 406 (Fla. 2005).
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