The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 685
CONTRACT ENFORCEMENT: CHOICE OF LAW

View Entire Chapter

F.S. 685.102

685.102 Jurisdiction.—

(1) 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 action or proceeding against any person or other entity residing or located outside this state, if the action or proceeding arises out of or relates to any contract, agreement, or undertaking for which a choice of the 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.

(2) This section does not affect the jurisdiction of the courts of this state over any action or proceeding arising out of or relating to any other contract, agreement, or undertaking.

(3) 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. 2, ch. 89-135.

F.S. 685.102 on Google Scholar

F.S. 685.102 on Casetext

Amendments to 685.102

Arrestable Offenses / Crimes under Fla. Stat. 685.102

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 685.102.

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. . . . In turn, Section 685.102 creates a parallel grant of jurisdiction: Notwithstanding any law that limits . . . Stat. § 685.102(1). In Jetbroadband WV, LLC v. . . . 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). . . .

BANCO DE LOS TRABAJADORES, v. CORTEZ MORENO,, 237 So. 3d 1127 (Fla. App. Ct. 2018)

. . . Entering into a contract that complies with s. 685.102. As this court observed in Tobacco Merchs. . . .

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)

. . . , and we find that because the parties’ contract satisfied the requirements of sections 685.101 and 685.102 . . . 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 . . . In other words, sections 685.101 and 685.102 allow parties to confer jurisdiction on the courts of Florida . . . Conclusion The Plaintiffs complaint satisfied the requirements of sections 685.101 and 685.102, Florida . . .

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

. . . contract law and our statutes regarding choice of law and jurisdictional provisions, sections 685.101 and 685.102 . . .

STITT, v. UNITED STATES DEPARTMENT OF EDUCATION,, 532 B.R. 638 (D. Md. 2015)

. . . . § 685.102(b). Second, Stitt is eligible for both ICR and IBR once she consolidates her loans. . . . See 34 C.F.R. § 685.102(b). . . .

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

. . . that the allegations in the complaint did not establish a basis for jurisdiction, pursuant to sections 685.102 . . . McRae, however, was decided prior to the enactment of sections 685.101 and 685.102, Florida Statutes. . . . To satisfy the statutory requirements for personal jurisdiction under section 685.102, the contract, . . .

T. KRAUSER, D. M. D. v. EVOLLUTION IP HOLDINGS, INC., 975 F. Supp. 2d 1247 (S.D. Fla. 2013)

. . . Entering into a contract that complies with s. 685.102. (2) A defendant who is engaged in substantial . . .

LINSLEY, v. FMS INVESTMENT CORP., 288 F.R.D. 11 (D. Conn. 2013)

. . . . §§ 685.220(d)(1)(ii)(C), 682.201(d)(1)(i)(A)(3), 685.102(b), 682.200(b) consolidation is allowed if . . .

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. . . . .

PFEIFFER, v. DUNCAN,, 659 F. Supp. 2d 160 (D.D.C. 2009)

. . . . § 685.102(b)). . . .

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

. . . . § 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 . . . See §§ 685.101 and 685.102, Fla. Stat. The language of the statute is clear. . . . 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 . . .

ALIBRANDI, On v. FINANCIAL OUTSOURCING SERVICES, INC., 333 F.3d 82 (2d Cir. 2003)

. . . . § 685.102(b) (1999) (270 days for certain student loans). . . .