Question 1

What is Florida’s long-arm statute?

Accepted Answer

Florida’s long-arm statute (Section 48.193) allows Florida courts to exercise jurisdiction over nonresident defendants who have certain connections to Florida. The statute provides two bases for jurisdiction: (1) Specific jurisdiction (Section 48.193(1)): the claim arises from the defendant’s contacts with Florida, including: operating, conducting, or engaging in business in Florida, committing a tortious act within Florida, owning, using, or possessing real property in Florida, contracting to insure any person, property, or risk in Florida, and breaching a contract in Florida. (2) General jurisdiction (Section 48.193(2)): the defendant has substantial and not isolated activity in Florida (allowing jurisdiction over any claim, regardless of whether it arises from the defendant’s Florida activities).

Question 2

How does the Florida long-arm statute apply to real estate?

Accepted Answer

Real estate application: owning, using, or possessing real property in Florida is a specific basis for long-arm jurisdiction. This means: a nonresident property owner can be sued in Florida for disputes related to their Florida property (landlord-tenant disputes, construction defects, boundary disputes), a nonresident seller can be sued in Florida for misrepresentation in the sale of Florida property, and a nonresident buyer can be sued in Florida for breach of a contract to purchase Florida property. The statute ensures that Florida courts can resolve disputes involving Florida real property, even when the parties reside elsewhere.

Question 3

What are the due process limits on Florida’s long-arm statute?

Accepted Answer

Due process: even if the long-arm statute is satisfied, the court must also determine that exercising jurisdiction is consistent with due process (the 14th Amendment). The U.S. Supreme Court requires: minimum contacts (the defendant must have sufficient contacts with Florida such that exercising jurisdiction would not offend traditional notions of fair play and substantial justice), and the contacts must be purposeful (the defendant must have deliberately directed their activities toward Florida). Examples: a nonresident who owns Florida property has purposefully directed activity toward Florida (jurisdiction is proper). A nonresident who has no connection to Florida other than a single phone call is unlikely to have sufficient minimum contacts.

Long Arm Statute Nonresident Jurisdiction

Florida Long-Arm Statute (Section 48.193)

Jurisdiction Bases

Real Estate Application

Due Process Limits

Related Terms

Barnes Walker Litigation

Ready to Get Started?