CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 7264, 2009 WL 1606445
...citizen of Florida (if a person), or is incorporated or organized under the laws of Florida or maintains a place of business in Florida (if a business)." Edward M. Mullins & Douglas J. Giuliano, Contractual Waiver of Personal Jurisdiction Under F.S. §
685.102: The Long-Arm Statute's Little-Known Cousin, 80-May Fla. B.J. 36, 37 (2006). Related to section
685.101 is section
685.102, titled Jurisdiction, which states that: Notwithstanding any law that limits the right of a person to maintain an action or proceeding, any person may, to the extent permitted under the United States Constitution, maintain in this sta...
...law of this state, in whole or in part, has been made pursuant to s.
685.101 and which contains a provision by which such person or other entity residing or located outside this state agrees to submit to the jurisdiction of the courts of this state. §
685.102(1), Fla....
...Thus, as long as one of the parties is a resident of Florida or incorporated under its laws, and the other statutory requirements are met, sections
685.101-.102 operate irrespective of whether the underlying contract bears any relation to Florida and notwithstanding any law to the contrary. See §§
685.101 and
685.102, Fla....
...e restrictive Florida long-arm limitations. See Steller Group, Inc. v. Mid-Ohio Mech., Inc.,
2004 WL 5685570, at *2 (M.D.Fla. Jan. 28, 2004); E-One, Inc. v. R. Cushman & Assocs., Inc.,
2006 WL 2599130, at *6 (M.D.Fla. May 15, 2006) (determining that section
685.102 provided an additional basis for jurisdiction). In section
685.102, the Legislature, by its clear terms, granted parties the very right that McRae and its progeny found conspicuously absent in section
48.193; the right to confer personal jurisdiction by agreement....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 WL 3605485, 2014 Fla. App. LEXIS 11191
...The trial court heard the stepson’s motion to dismiss and the
stepmother’s motion for temporary injunction. In his motion to dismiss,
the stepson argued that the allegations in the complaint did not establish
a basis for jurisdiction, pursuant to sections
685.102 and
48.193, Florida
Statutes.
The stepson’s supporting affidavit attested that he is a resident of
Michigan, does not reside in Florida, and has no contacts within Florida.
The stepson does not own, hold, use, possess, or lease any property,
maintain an office, or conduct business in Florida....
...Florida as the forum, cannot operate as the sole basis for Florida to
exercise personal jurisdiction over an objecting non-resident defendant.”
McRae v. J.D./M.D., Inc.,
511 So. 2d 540, 542 (Fla. 1987). McRae, however,
was decided prior to the enactment of sections
685.101 and
685.102,
Florida Statutes....
...MasTec North America, Inc.,
13 So.
3d 159 (Fla. 3d DCA 2009). “[I]f certain requirements are met, parties
may, by contract alone, confer personal jurisdiction on the courts of
Florida.” Id. at 162. To satisfy the statutory requirements for personal
jurisdiction under section
685.102, the contract, agreement, or
undertaking must:
1....
CopyPublished | District Court, S.D. Florida
...do not arise from or relate to Defendant's actions or contacts with Florida. (Mot. at 5 (citing Wolf v. Celebrity Cruises, Inc. , 683 F. App'x 786 , 793 (11th Cir. 2017) ).) Defendant further argues that Plaintiff cannot invoke Sections
685.101 and
685.102, Florida Statutes, to establish jurisdiction because she was not a signatory to the Agreement, and the claims do not arise out of the Agreement....
...Judge Altonaga found that although Florida has not always authorized the exercise of jurisdiction upon consent alone, the current state of Florida law permits it. Id. at *4-6. Specifically, in 1989, the Florida legislature enacted Section
685.101 and
685.102, Florida Statutes....
...may, to the extent permitted under the United States Constitution, agree that the law of this state will govern such contract ... in whole or in part, whether or not such contract ... bears any relation to this state. Fla. Stat. §
685.101 (1). In turn, Section
685.102 creates a parallel grant of jurisdiction: Notwithstanding any law that limits the right of a person to maintain an action or proceeding, any person may, to the extent permitted under the United States Constitution, maintain in this st...
...state, in whole or in part, has been made pursuant to s.
685.101 and which contains a provision by which such person or other entity residing or located outside this state agrees to submit to the jurisdiction of the courts of this state. Fla. Stat. §
685.102 (1)....
...1987), and permit contracting parties to agree to personal jurisdiction in Florida.
13 So.3d 159 , 160 (Fla. Dist. Ct. App. 2009). The language of the statute is clear. By promulgating sections
685.101-.102, the Legislature allowed contracting parties to dispense with the more restrictive Florida long-arm limitations.... In section
685.102, the Legislature, by its clear terms, granted parties the very right that McRae and its progeny found conspicuously absent in section
48.193; the right to confer personal jurisdiction by agreement. Id. at 162-63 . "Further cementing the Jetbroadband holding, in 2013, the Florida legislature enacted section
48.193(1)(a)(9), which explicitly added '[e]ntering into a contract that complies with [ section]
685.102,' to the enumerated acts which *1274 may subject a non-resident defendant to the jurisdiction of a Florida court." Steffan ,
2017 WL 4182203 , at *5. Thus, the current state of Florida law holds that " sections
685.101 and
685.102 allow parties to confer jurisdiction on the courts of Florida by contract alone if certain requirements are met." Corp....
...3d 296 , 301 (Fla. Dist. Ct. App. 2017) (hereafter, " Fons "). Based upon the plain language of the statutes and relevant case law, in order for a Florida court to exercise personal jurisdiction over a non-resident pursuant to sections
685.101 and
685.102, the contract must: (1) Include a choice of law provision designating Florida law as the governing law, in whole or in part; (2) Include a provision whereby the non-resident agrees to submit to the jurisdiction of the courts of Florida; (3) I...
...violate the United States Constitution; and (5) Either bear a substantial or reasonable relation to Florida or have at least one of the parties be a resident of Florida or incorporated under the laws of Florida. Id. (citing Fla. Stat. §§
685.101 ,
685.102 ; Hamilton v....
CopyPublished | Florida 4th District Court of Appeal
...The second amended complaint also
alleged that Daye, through its out-of-state subsidiary, Daye North America Inc.
(“DNA”), did business with franchised dealers in Florida.
GRS’ third amended complaint alleges that personal jurisdiction exists over
Daye in Florida because paragraph 9 of the Agreement complies with section
685.102, Florida Statutes (2023), and because sufficient minimum contacts exist
to support personal jurisdiction....
...If the complaint alleges sufficient jurisdictional facts, the court must
then determine whether sufficient minimum contacts exist between the
defendant and Florida to satisfy due process. See id. A contract between parties
can satisfy both prongs if it complies with section
685.102’s requirements, was
freely negotiated, and is not unreasonable or unjust. See Jetbroadband WV, LLC
v. MasTec N. Am., Inc.,
13 So. 3d 159, 163 (Fla. 3d DCA 2009).
Section
685.102 provides:
Notwithstanding any law that limits the right of a person to maintain
an action or proceeding, any person may, to the extent permitted
under the United States Constitution, maintain in this state an...
...choice of the law in this state, in whole or part, has been made
pursuant to s.
685.101 and which contains a provision by which
such person or other entity residing or located outside the state
agrees to submit to the jurisdiction of the courts of this state.
§
685.102(1), Fla. Stat. (2023) (emphasis added). Among the requirements to
satisfy personal jurisdiction under section
685.102 are the requirements that
the agreement include “a choice of law provision designating Florida law as the
governing law” and a forum selection clause “whereby the non-resident agrees to
submit to the jurisdiction of the courts of Florida.” Hamilton v....
