Long Arm Statute

From Florida Legal Wiki

[edit] Summary

The Long Arm Statute provides when the Florida Courts have jurisdiction over an out of state person or company. Florida's Long Arm Statute is codified at Fla. Stat. s. 48.193, titled 'Acts subjecting person to jurisdiction of courts of state,' The statute, as of January 1, 2011, is set forth below.

[edit] Federal Court

A federal court applying Florida's long arm statute must strictly construe the long arm statute as would the Florida Supreme Court. See Oriental Imports and Exports, Inc. v. Maduro & Curiel's Bank, N.V., 701 F.2d 889, 890 (11th Cir. 1983). “A plaintiff seeking to subject a nonresident defendant to jurisdiction of the court through the long-arm statute must do more than allege facts that show a possibility of jurisdiction.” Jet Charter Service, Inc. v. Koeck, 907 F.2d 1110, 1112 (11th Cir.1990).

If a plaintiff alleges that the court has Personal Jurisdiction over a party, the Plaintiff bears the initial burden of pleading facts to support its allegation. See Future Tech. Today, Inc. v. OSF Healthcare Systems, 218 F.3d 1247, 1249 (11th Cir. 2000). After the plaintiff pleads sufficient facts to support a court exercising Personal Jurisdiction over a nonresident defendant, the burden then shifts to the defendant. The defendant may by affidavits, testimony or other documents challenge the plaintiff's jurisdictional allegations.

If the defendant is successful in challenging the plaintiff's assertions of Personal Jurisdiction, then the burden shifts back to plaintiff to substantiate its allegations of jurisdiction by affidavits, testimony or other documents. On a motion to dismiss, a court must accept the facts asserted by the plaintiff as true unless controverted by the defendant. See United States Sec. & Exchange Comm'n v. Carrillo, 115 F.3d 1540, 1542 (11th Cir. 1997).

See generally Miami Breakers Soccer Club, Inc. v. Women's United Soccer Ass'n, 140 F.Supp.2d 1325 (S.D. Fla. 2001).

[edit] Statute

48.193 - Acts subjecting person to jurisdiction of courts of state

(1) Any person, whether or not a citizen or resident of this state, who personally or through an agent does any of the acts enumerated in this subsection thereby submits himself or herself and, if he or she is a natural person, his or her personal representative to the jurisdiction of the courts of this state for any cause of action arising from the doing of any of the following acts:

(a) Operating, conducting, engaging in, or carrying on a business or business venture in this state or having an office or agency in this state.

(b) Committing a tortious act within this state.

(c) Owning, using, possessing, or holding a mortgage or other lien on any real property within this state.

(d) Contracting to insure any person, property, or risk located within this state at the time of contracting.

(e) With respect to a proceeding for alimony, child support, or division of property in connection with an action to dissolve a marriage or with respect to an independent action for support of dependents, maintaining a matrimonial domicile in this state at the time of the commencement of this action or, if the defendant resided in this state preceding the commencement of the action, whether cohabiting during that time or not. This paragraph does not change the residency requirement for filing an action for dissolution of marriage.

(f) Causing injury to persons or property within this state arising out of an act or omission by the defendant outside this state, if, at or about the time of the injury, either:

1. The defendant was engaged in solicitation or service activities within this state; or

2. Products, materials, or things processed, serviced, or manufactured by the defendant anywhere were used or consumed within this state in the ordinary course of commerce, trade, or use.

(g) Breaching a contract in this state by failing to perform acts required by the contract to be performed in this state.

(h) With respect to a proceeding for paternity, engaging in the act of sexual intercourse within this state with respect to which a child may have been conceived.

(2) A defendant who is engaged in substantial and not isolated activity within this state, whether such activity is wholly interstate, intrastate, or otherwise, is subject to the jurisdiction of the courts of this state, whether or not the claim arises from that activity.

(3) Service of process upon any person who is subject to the jurisdiction of the courts of this state as provided in this section may be made by personally serving the process upon the defendant outside this state, as provided in s. 48.194. The service shall have the same effect as if it had been personally served within this state.

(4) If a defendant in his or her pleadings demands affirmative relief on causes of action unrelated to the transaction forming the basis of the plaintiff’s claim, the defendant shall thereafter in that action be subject to the jurisdiction of the court for any cause of action, regardless of its basis, which the plaintiff may by amendment assert against the defendant.

(5) Nothing contained in this section limits or affects the right to serve any process in any other manner now or hereinafter provided by law.