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ARTICLE · 09 OCTOBER 2026

When A Comma Is The Decisive Factor: The Importance Of Precision In Forum Selection Clauses

Under Florida law, the distinction between a permissive and mandatory forum selection clause can hinge on something as small as a single comma. In Treasure Coast Classical Academy v. The Optima Foundation, the Florida Fourth District Court of Appeal held that a comma separating a governing law provision from a venue designation provision rendered the venue clause permissive rather than mandatory, allowing the plaintiff to file suit in the venue where the causes of action accrued.

United StatesLitigation, Mediation & Arbitration

Under Florida law, the distinction between a permissive and mandatory forum selection clause can hinge on something as small as a single comma. In Treasure Coast Classical Academy v. The Optima Foundation, the Florida Fourth District Court of Appeal held that a comma separating a governing law provision from a venue designation provision rendered the venue clause permissive rather than mandatory, allowing the plaintiff to file suit in the venue where the causes of action accrued.

Case Background and Analysis

Treasure Coast Classical Academy Inc. (Academy) is a charter school in Martin County, Florida, that contracted with The Optima Foundation Inc. (Optima), a nonprofit that provides professional administrative and operational services to public charter schools. After a dispute arose between the parties, Academy sued Optima in Martin County for a variety of claims based on, among other things, a breach of the service agreement between the parties. Optima moved to dismiss the

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