eLaws of Florida

SECTION 685.101. Choice of law.  


Latest version.
  • 1(1) 2The 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. 61671.105(1), 62may, 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.
    114(2) 115This section does not apply to any contract, agreement, or undertaking:
    126(a) 127Regarding any transaction which does not bear a substantial or reasonable relation to this state in which every party is either or a combination of:
    1521. 153A resident and citizen of the United States, but not of this state; or
    1672. 168Incorporated or organized under the laws of another state and does not maintain a place of business in this state;
    188(b) 189For labor or employment;
    193(c) 194Relating 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;
    235(d) 236To the extent provided to the contrary in s. 245671.105(2); 246or
    247(e) 248To the extent such contract, agreement, or undertaking is otherwise covered or affected by s. 263655.55264.
    265(3) 266This section does not limit or deny the enforcement of any provision respecting choice of law in any other contract, agreement, or undertaking.
    289(4) 290This section applies to:
    294(a) 295Contracts entered into on or after June 27, 1989; and
    305(b) 306Contracts 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.

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