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2021 Florida Statutes (Including 2021B Session)

Title XXXIX COMMERCIAL RELATIONS
Chapter 685 CONTRACT ENFORCEMENT: CHOICE OF LAW Entire Chapter
SECTION 101
Choice of law.
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.