685.101
Choice of law.
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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; s. 141, ch. 2025-92.
Notes of Decisions
Cited in 15
cases (7 in the last 5 years), 2009–2026 · leading case: Elandia International, Inc. v. Ah Koy
Elandia International, Inc. v. Ah Koy (2010)
“Fla. Stat. § 685.101 (2009) (emphasis added).”
Jetbroadband WV, LLC v. Mastec North America, Inc. (2009)
“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…”
Corporate Creations Enterprises LLC v. Brian R. Fons Attorney at Law P.C. (2017)
“See §§ 685.101, .102, Fla. Stat. (2015); Hamilton, 142 So.”
Schwab v. Hites (2012)
“Fla. Stat. 685.101 and 685.102 Personal jurisdiction exists under §§ 685.”
Lienemann v. Cruise Ship Excursions, Inc. (2018)
“Fla. Stat. § 685.101 (1). In turn, Section 685.”
Woodruff-Sawyer & Co. v. Ghilotti (2018)
“§§ 685.101 and 685.102; Jetbroadband WV, LLC v.”
Traeger Pellet Grills LLC v. Traeger (2019)
“Instead, the agreement must comply with all the requirements of Fla. Stat. § 685.101 and Fla. Stat. § 685.”
Giuliani v. NCL (Bahamas), Ltd. (2021)
“Fla. Stat. § 685.101 (1). However, § 685.”
Trepko, Inc. v. Golden West Trading, Inc. (2021)
“Fla. Stat. § 685.101 . The contract at issue here involves more than 0,000 and includes a Florida choice of law provision.”
Oktex Utility Construction, Inc. v. MASTEC North America Inc (2022)
“OKTEX relies on Fla. Stat. §§ 685.101 and 685.102. Section 685.”
Sompo Japan Nipponkoa Insurance, Inc. v. CSX Corp. (2020)
“See Fla. Stat. § 685.101 (1). In the Response, Sompo asserts that the Court can exercise personal jurisdiction over SIRS because SIRS could be “subject to a forum selection provision that would amount to consent to jurisdiction.”
BARHAM v. ROYAL CARIBBEAN CRUISES LTD. (2021)
“Fla. Stat. § 685.101 (1) (alterations added).”
— 685.101(1) — 3 cases
Corporate Creations Enterprises LLC v. Brian R. Fons Attorney at Law P.C. (2017)
“See §§ 685.101, .102, Fla. Stat. (2015); Hamilton, 142 So.”
Jetbroadband WV, LLC v. Mastec North America, Inc. (2009)
“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…”
— 685.101(2) — 1 case
Jetbroadband WV, LLC v. Mastec North America, Inc. (2009)
“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…”
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