How Florida Can Sue Out of State Companies

1. The out of state defendant’s minimum contacts with Florida determine if the state court can enforce a judgment against them.

2. The defendant’s contacts must not offend “traditional notions of fair play and substantial justice” as per the United States Constitution.

3. Florida’s Long Arm Statute outlines the circumstances under which an out of state defendant can be brought into Florida court under in personam jurisdiction. – Fla. Stat. 48.193(1) outlines specific acts that can establish specific jurisdiction in Florida, including operating a business in the state, owning property in the state, insuring property in the state, and breaching a contract in the state.
– Subsection 2 of the long arm statute allows for the establishment of general jurisdiction over a defendant engaged in substantial and not isolated activity within Florida, regardless of where the claim arises from.
– Courts in Florida consider whether the defendant has minimum contacts with the state, including whether they purposefully made contacts in the state and whether they should reasonably anticipate being sued in the state. 1. A company with consistent business activities in Florida has minimum contacts with the state.
2. Out of state corporations can establish minimum contacts in Florida through the sale of products targeted at Floridians.
3. Forum selection clauses in contracts are valid and controlling if there are grounds for personal jurisdiction independent of the clause.
4. A forum selection clause cannot be used to bring an action under the jurisdiction of a Florida court if the defendant does not have sufficient contacts with the state.

https://www.jimersonfirm.com/blog/2011/03/establishing-in-personam-jurisdiction-in-florida-over-out-of-state-defendant-corporations/