Choice of Law in Florida: Why Procedure Matters More Than You Think

When a legal dispute crosses state lines, one of the first and most important questions is which state’s law applies. This issue, known as choice of law, can shape everything from how a case is argued to whether a claim survives at all.

For businesses and individuals litigating in Florida, the answer is often more nuanced than expected. Florida courts draw a sharp line between substantive law and procedural law, and that distinction can determine the outcome of a case.

Below is a practical overview of how Florida handles choice-of-law issues, based on established Florida jurisprudence.

The Threshold Rule: Foreign Law Must Be Raised

Florida courts will not automatically apply another state’s law just because a dispute has out-of-state elements. As a general rule, the party relying on foreign law must plead or prove that law before the trial court may consider it.

This requirement serves a simple purpose: notice. It ensures the opposing party knows that non-Florida law is being relied on and has a fair opportunity to respond. If foreign law is not properly raised and supported, Florida courts will presume that the foreign law is the same as Florida law.

In practice, this means timing matters. While foreign law does not always need to be argued at the outset, it must be presented once it becomes potentially dispositive to the case. Failing to do so can waive the issue entirely.

Substantive vs. Procedural Law: The Critical Divide

Florida follows a long-standing principle in conflict-of-law cases:

Substantive issues are governed by the applicable foreign law.
Procedural issues are governed by Florida law, as the forum state.

Substantive law defines rights and duties. Procedural law controls the methods and machinery used to enforce those rights. Florida courts consistently apply their own procedural rules, even when another state’s substantive law governs the underlying dispute.

This concept is often summarized by the Latin phrase lex fori, meaning the law of the forum controls procedure.

Common Issues Florida Treats as Procedural

Understanding what Florida courts classify as procedural can prevent costly mistakes. Courts have repeatedly held that the following issues are procedural and therefore governed by Florida law:

Pleading requirements
Venue determinations
Validity and enforcement of forum-selection clauses
Availability of setoffs and counterclaims
Standards for temporary and preliminary injunctions

Even when a contract contains a choice-of-law clause selecting another state’s law, Florida courts typically apply Florida law to determine whether a forum-selection clause is enforceable. This surprises many litigants who assume the contract’s chosen law controls every issue.

Why This Matters in Real Cases

Choice-of-law errors are rarely minor. If foreign law is not properly raised, a court may default to Florida law. If a party assumes another state’s procedural rules apply, critical deadlines or defenses may be missed.

These issues commonly arise in:

Multi-state business disputes
Employment and restrictive covenant cases
Contract litigation with choice-of-law provisions
Interstate tort and personal injury claims

Handled correctly, choice-of-law strategy can strengthen a case. Handled poorly, it can quietly undermine it.

The Bottom Line

Florida choice-of-law rules are not just academic. They directly affect how cases are pleaded, argued, and decided. The distinction between substantive and procedural law is central, and Florida courts enforce it consistently.

If your dispute involves multiple states, early analysis of these issues is essential. An experienced Florida litigation attorney can identify which laws apply, when they must be raised, and how procedural rules may affect the outcome.

Understanding these principles early can be the difference between preserving your claims and losing them before the merits are ever reached.