The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 685
CONTRACT ENFORCEMENT: CHOICE OF LAW

View Entire Chapter

F.S. 685.101

685.101 Choice of law.—

(1) The parties to any contract, agreement, or undertaking, contingent or otherwise, in consideration of or relating to any obligation arising out of a transaction involving in the aggregate not less than $250,000, the equivalent thereof in any foreign currency, or services or tangible or intangible property, or both, of equivalent value, including a transaction otherwise covered by s. 671.105(1), may, to the extent permitted under the United States Constitution, agree that the law of this state will govern such contract, agreement, or undertaking, the effect thereof and their rights and duties thereunder, in whole or in part, whether or not such contract, agreement, or undertaking bears any relation to this state.

(2) This section does not apply to any contract, agreement, or undertaking:

(a) Regarding any transaction which does not bear a substantial or reasonable relation to this state in which every party is either or a combination of:

1. A resident and citizen of the United States, but not of this state; or

2. Incorporated or organized under the laws of another state and does not maintain a place of business in this state;

(b) For labor or employment;

(c) Relating to any transaction for personal, family, or household purposes, unless such contract, agreement, or undertaking concerns a trust at least one trustee of which resides or transacts business as a trustee in this state, in which case this section applies;

(d) To the extent provided to the contrary in s. 671.105(2); or

(e) To the extent such contract, agreement, or undertaking is otherwise covered or affected by s. 655.55.

(3) This section does not limit or deny the enforcement of any provision respecting choice of law in any other contract, agreement, or undertaking.

(4) This section applies to:

(a) Contracts entered into on or after June 27, 1989; and

(b) Contracts entered into prior to June 27, 1989, if an action or proceeding relating to such contract is commenced on or after June 27, 1989.

History.—s. 1, ch. 89-135.

F.S. 685.101 on Google Scholar

F.S. 685.101 on Casetext

Amendments to 685.101

Arrestable Offenses / Crimes under Fla. Stat. 685.101

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 685.101.

Annotations, Discussions, Cases:

Cases from cite.case.law:

LIENEMANN, v. CRUISE SHIP EXCURSIONS, INC., 349 F. Supp. 3d 1269 (S.D. Fla. 2018)

. . . Defendant further argues that Plaintiff cannot invoke Sections 685.101 and 685.102, Florida Statutes, . . . Specifically, in 1989, the Florida legislature enacted Section 685.101 and 685.102, Florida Statutes. . . . Stat. § 685.101(1). . . . By promulgating sections 685.101-.102, the Legislature allowed contracting parties to dispense with the . . . Stat. §§ 685.101, 685.102 ; Hamilton v. Hamilton, 142 So.3d 969, 971 (Fla. Dist. Ct. App. 2014) ). . . .

WOODRUFF- SAWYER CO. v. GHILOTTI Co- R., 255 So. 3d 423 (Fla. App. Ct. 2018)

. . . . §§ 685.101 and 685.102 ; Jetbroadband WV, LLC v. Mastec N. Am., 13 So.3d 159 (Fla. 3d DCA 2009). . . .

IN RE DEMITRUS, S. v., 586 B.R. 88 (Bankr. Conn. 2018)

. . . . § 685.101. . . . See 34 C.F.R. § 685.101(a). . . .

CORPORATE CREATIONS ENTERPRISES LLC, f d b a v. BRIAN R. FONS ATTORNEY AT LAW P. C. R., 225 So. 3d 296 (Fla. Dist. Ct. App. 2017)

. . . in a contract, and we find that because the parties’ contract satisfied the requirements of sections 685.101 . . . As we noted in Hamilton, after McRae was decided, the legislature enacted sections 685.101 and 685.102 . . . When sections 685.101 and 685.102 are satisfied, personal jurisdiction may be exercised and the courts . . . See §§ 685.101, .102, Fla. Stat. (2015); Hamilton, 142 So.3d at 971-72. . . . Conclusion The Plaintiffs complaint satisfied the requirements of sections 685.101 and 685.102, Florida . . .

IN RE LEWIS v., 574 B.R. 536 (Bankr. E.D. Pa. 2017)

. . . . § 685.101(a). . 34 C.F.R. § 685.200(c)(2)(i). . See 34 C.F.R. § 685.201. . . . .

UNITED BRANDS, S. A. v. DIAGEO DOMINICANA, S. R. L. f k a S. A., 209 So. 3d 67 (Fla. Dist. Ct. App. 2016)

. . . Florida contract law and our statutes regarding choice of law and jurisdictional provisions, sections 685.101 . . .

HAMILTON, v. HAMILTON,, 142 So. 3d 969 (Fla. Dist. Ct. App. 2014)

. . . I’ve also reviewed 685.101 and 102. 101 deals with the choice of laws that would apply. 102 deals with . . . McRae, however, was decided prior to the enactment of sections 685.101 and 685.102, Florida Statutes. . . .

SCHWAB, v. HITES,, 896 F. Supp. 2d 1124 (M.D. Fla. 2012)

. . . Stat. 685.101 and 685.102 Personal jurisdiction exists under §§ 685.101-102 regardless of Florida’s Long-Arm . . . Stat. §§ 685.101 and 685.102, which is discussed in more detail, below. . . . .

E H CRUISES, LTD. a d b a v. BAKER,, 88 So. 3d 291 (Fla. Dist. Ct. App. 2012)

. . . the forum selection clause in the Tour Operator Agreement, jurisdiction exists pursuant to sections 685.101 . . .

ELANDIA INTERNATIONAL, INC. v. AH KOY, Ah, 690 F. Supp. 2d 1317 (S.D. Fla. 2010)

. . . Plaintiff responds that personal jurisdiction exists under Florida long-arm statutes §§ 685.101-02 and . . . We must first give effect to the plain and ordinary meaning of § 685.101. See State v. . . . Stat. § 685.101 (2009) (emphasis added). . . . Stat. § 685.101 (2009). . . . Stat. § 685.101 (2009). . . .

JETBROADBAND WV, LLC VA, LLC, v. MASTEC NORTH AMERICA, INC., 13 So. 3d 159 (Fla. Dist. Ct. App. 2009)

. . . We review an issue of first impression for Florida courts, that is, whether, pursuant to sections 685.101 . . . Section 685.101, titled Choice of Law, provides in pertinent part, that: The parties to any contract, . . . However, there are limits to the reach of section 685.101. . . . See §§ 685.101 and 685.102, Fla. Stat. The language of the statute is clear. . . . Further, we must assume the Legislature knew the existing law when it passed sections 685.101-.102. . . .