Florida/Georgia Personal Injury & Workers Compensation

...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....

...The defendant replied that section 15 of the terms and conditions, to the extent it applies in this case, was insufficient to establish personal jurisdiction based on consent, because the contract did not meet the requirements of sections 685.101 and 685.102, Florida Statutes (2023). The defendant also argued that the plaintiff failed to rebut his evidence that he lacked sufficient minimum contacts with the state to satisfy due process requirements. Following a hearing, the trial court entered an order denying the motion to dismiss without explanation....

...1987)); see Ware v. Citrix Sys., Inc., 258 So. 3d 478, 481-82 (Fla. 4th DCA 2018). As an exception to this rule, section 48.193(1)(a)9. permits the exercise of specific personal jurisdiction over a non-resident who “[e]nter[s] into a contract that complies with s. 685.102.” 4  To comply with section 685.102, the contract must contain a choice-of- law provision pursuant to section 685.101....

...s in Florida; (6) not be “[f]or labor or employment” or relate to any transaction for “personal, family, or household purposes”; and (7) if applicable, not conflict with section 671.105(2) or section 655.55. §§ 685.101(1), (2), 685.102(1), Fla....

...When these requirements are met, the court can exercise personal jurisdiction without conducting a separate minimum contacts analysis. Bach, 325 So. 3d at 44. Section 48.193(1)(a)9. does not provide a basis for personal jurisdiction in this case because the parties’ contract does not comply with section 685.102....

...As the defendant argues, the contract does not involve consideration of at least $250,000. In addition, section 15 provides for the application of federal law, not Florida law, and the contract involves a transaction for personal, family, or household purposes. §§ 685.101(1), (2)(c), 685.102(1), Fla....

...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....

...defendant’s motion to dismiss must be granted.” Hilltopper, 955 So. 2d at 602. Florida’s long-arm statute authorizes specific jurisdiction over non- residents for contract-based claims that comply with Florida’s choice-of- law statute. §§ 48.193(1)(a)(9), 685.101, 685.102, Fla. Stat. (2023). “When sections 685.101 and 685.102 are satisfied, personal jurisdiction may be exercised and the courts may dispense with the more traditional minimum contacts analysis.” Corp....

...4  personal representative to the jurisdiction of the courts of this state for any cause of action arising from any of the following acts: .... 9. Entering into a contract that complies with s. 685.102. § 48.193(1)(a)9, Fla. Stat. (2025); see also Corp. Creations Enters. LLC v. Brian R. Fons Att'y at L. P.C., 225 So. 3d 296, 301 (Fla. 4th DCA 2017) ("[T]he legislature enacted sections 685.101 and 685.102, Florida Statutes, which allow Florida courts to exercise personal jurisdiction in certain circumstances not otherwise provided for under Florida's long- arm statute."). Section 685.102(1), Florida Statutes (2025), provides that [n]otwithstanding 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,...

...as 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. A contract satisfies section 685.102 if it meets the following requirements: (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 [sic] agrees to subm...

...1, 18 (1972). Cedrus fails this daunting task. By virtue of the Joinder and Consent, Cedrus voluntarily and intentionally made itself a party to the Payment Agreement, including its venue provision. See Corp. Creations Enters. LLC, 225 So. 3d at 301 ("When sections 685.101 and 685.102 are satisfied, personal jurisdiction may be exercised and the courts may dispense with the more traditional minimum contacts analysis."); see also Gibney v....

...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....

...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....

defendant to personal jurisdiction. 4 4 Section 685.102(1), Florida Statutes (2020), authorizes a party