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2018 Florida Statutes

Title XXXIX COMMERCIAL RELATIONS
Chapter 685
CONTRACT ENFORCEMENT: CHOICE OF LAW
CHAPTER 685
CHAPTER 685
CONTRACT ENFORCEMENT: CHOICE OF LAW
685.101 Choice of law.
685.102 Jurisdiction.
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.
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.