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66 Fla. L. Rev. 2301 (2014)
Is Injury a Tortious Act: Interpreting Florida's Long-Arm Statute

handle is hein.journals/uflr66 and id is 2365 raw text is: IS INJURY A TORTIOUS ACT?: INTERPRETING FLORIDA'S LONG-ARM STATUTE Cole Barnett Abstract Florida Statute § 48.193 enumerates several acts that grant Florida courts personal jurisdiction over nonresident defendants. Under Florida Statute § 48.193(1)(a)(2), nonresident defendants may become subject to personal jurisdiction in Florida by committing a tortious act within this state. The Florida district courts of appeal are split over the correct interpretation of this phrase. Along with the federal courts that sit in Florida, the state's First and Third District Courts of Appeal broadly interpret the phrase to reach nonresident defendants whose out-of-state acts cause injury in Florida. In contrast, the state's Second, Fourth, and Fifth District Courts of Appeal narrowly interpret the same language to exclude personal jurisdiction over nonresident defendants who cause injury in Florida by acting outside of the state. The Florida Supreme Court and the Florida Legislature have declined to resolve this split, providing the opportunity for forum shopping when it is advantageous for plaintiffs to avoid the narrow interpretation by filing in federal court. This Note argues that the broad interpretation is preferable based upon canons of statutory interpretation, the policy of providing Florida residents with an appropriate forum to redress their harms, and the expansive reach of Florida's personal jurisdiction statutory scheme. IN TRODUCTION .................................................................................... 2302 1. PERSONAL JURISDICTION IN FLORIDA AND THE SPLIT OVER § 48.193(1)(A)(2) ....................................................... 2304 II. OTHER STATES' INTERPRETATIONS OF COMMITTING A TORTIOUs ACT WITHIN THIS STATE. ............................... 2308 ImI. THE BROAD INTERPRETATION IS PREFERABLE ..................... 2310 * J.D. Candidate 2015, University of Florida Levin College of Law; B.A.S. 2011, St. Petersburg College. I would like to thank the University of Florida Levin College of Law faculty, particularly Professor Amy Mashburn who provided me with this topic and guided me through this process. Thanks to Professors William Page and Leslie Knight for their help with reviewing drafts of this Note. Additionally, thanks to Professors Jason Nance, Shamika Dalton, Loren Turner, and Jennifer Wondracek for taking time out of their busy schedules. Very importantly, I thank Marc Hernandez, my Note adviser. I express my gratitude to my wonderful wife Karla for embracing my enthusiasm and tolerating the time I put into this project. Last, I would like to thank Lisa Caldwell, Angelia Forder, Professor Dennis Calfee, and the student editors of the Florida Law Review for their diligence, thorough feedback, and for being outstanding people.

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