What Is a Declaratory Judgment in Florida?

A declaration may be affirmative or negative in form and effect. The court may declare the existence or nonexistence of any immunity, power, privilege or right, or of any fact on which such a right depends, whether the right exists now or will arise in the future. No action is open to objection on the ground that a declaratory judgment is demanded.

Written instruments and laws are common subjects. A person interested under a deed, will, contract or other written instrument, or whose rights are affected by a statute, a regulation made under statutory authority, a municipal ordinance or a franchise, may have a question of construction or validity determined and obtain a declaration of rights under it.

Fiduciary matters are also covered. A person interested in the administration of a trust, a guardianship or an estate, such as a fiduciary, creditor, heir or beneficiary, may seek a declaration to ascertain a class of creditors, heirs or others, to direct a fiduciary to refrain from a particular act, or to determine a question about the administration, including the construction of wills and other writings.

These listed uses do not limit the court's general power. A declaration may address an act not yet done or an event that has not yet happened, with the same binding effect. The person seeking it may also ask for additional or supplemental relief in the same action. How a defendant is brought into a case is covered in how a lawsuit is served in Florida.