Florida Senate - 2011                             CS for SB 1878
       
       
       
       By the Committee on Commerce and Tourism; and Senator Margolis
       
       
       
       
       577-03870-11                                          20111878c1
    1                        A bill to be entitled                      
    2         An act relating to the jurisdiction of the courts;
    3         amending s. 48.193, F.S.; including as an additional
    4         basis for subjecting a person to the jurisdiction of
    5         the courts of this state the basis for jurisdiction
    6         provisions which state that a person submits to the
    7         jurisdiction of the courts of this state by entering
    8         into a contract that designates the law of this state
    9         as the law governing the contract and that contains a
   10         provision by which such person agrees to submit to the
   11         jurisdiction of the courts of this state; amending s.
   12         55.502, F.S.; revising the definition of the term
   13         “foreign judgment” for purposes of the Florida
   14         Enforcement of Foreign Judgments Act; amending s.
   15         684.0019, F.S.; clarifying that an arbitral tribunal
   16         receiving a request for an interim measure to preserve
   17         evidence in a dispute governed by the Florida
   18         International Commercial Arbitration Act need only
   19         consider to the extent appropriate the potential harm
   20         that may occur if the measure is not awarded or the
   21         possibility that the requesting party will succeed on
   22         the merits of the claim; amending s. 684.0026, F.S.;
   23         correcting a cross-reference in the Florida
   24         International Commercial Arbitration Act; amending s.
   25         685.101, F.S.; deleting a restriction on the
   26         jurisdiction of the courts of this state to
   27         transactions bearing a substantial relation to this
   28         state; revising application dates of provisions
   29         relating to the jurisdiction of the courts; amending
   30         s. 685.102, F.S.; revising application dates of
   31         provisions relating to the jurisdiction of the courts;
   32         providing an effective date.
   33  
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Subsection (1) of section 48.193, Florida
   37  Statutes, is amended to read:
   38         48.193 Acts subjecting person to jurisdiction of courts of
   39  state.—
   40         (1) Any person, whether or not a citizen or resident of
   41  this state, who personally or through an agent does any of the
   42  acts enumerated in this subsection thereby submits himself or
   43  herself and, if he or she is a natural person, his or her
   44  personal representative to the jurisdiction of the courts of
   45  this state for any cause of action arising from the doing of any
   46  of the following acts:
   47         (a) Operating, conducting, engaging in, or carrying on a
   48  business or business venture in this state or having an office
   49  or agency in this state.
   50         (b) Committing a tortious act within this state.
   51         (c) Owning, using, possessing, or holding a mortgage or
   52  other lien on any real property within this state.
   53         (d) Contracting to insure any person, property, or risk
   54  located within this state at the time of contracting.
   55         (e) With respect to a proceeding for alimony, child
   56  support, or division of property in connection with an action to
   57  dissolve a marriage or with respect to an independent action for
   58  support of dependents, maintaining a matrimonial domicile in
   59  this state at the time of the commencement of this action or, if
   60  the defendant resided in this state preceding the commencement
   61  of the action, whether cohabiting during that time or not. This
   62  paragraph does not change the residency requirement for filing
   63  an action for dissolution of marriage.
   64         (f) Causing injury to persons or property within this state
   65  arising out of an act or omission by the defendant outside this
   66  state, if, at or about the time of the injury, either:
   67         1. The defendant was engaged in solicitation or service
   68  activities within this state; or
   69         2. Products, materials, or things processed, serviced, or
   70  manufactured by the defendant anywhere were used or consumed
   71  within this state in the ordinary course of commerce, trade, or
   72  use.
   73         (g) Breaching a contract in this state by failing to
   74  perform acts required by the contract to be performed in this
   75  state.
   76         (h) With respect to a proceeding for paternity, engaging in
   77  the act of sexual intercourse within this state with respect to
   78  which a child may have been conceived.
   79         (i) Entering into a contract that complies with s. 685.102.
   80         Section 2. Subsection (1) of section 55.502, Florida
   81  Statutes, is amended to read:
   82         55.502 Construction of act.—
   83         (1) As used in ss. 55.501-55.509, the term “foreign
   84  judgment” means any judgment, decree, or order of a court which
   85  of any other state or of the United States if such judgment,
   86  decree, or order is entitled to full faith and credit in this
   87  state.
   88         Section 3. Section 684.0019, Florida Statutes, is amended
   89  to read:
   90         684.0019 Conditions for granting interim measures.—
   91         (1) The party requesting an interim measure under s.
   92  684.0018 must satisfy the arbitral tribunal that:
   93         (a) Harm not adequately reparable by an award of damages is
   94  likely to result if the measure is not ordered, and such harm
   95  substantially outweighs the harm that is likely to result to the
   96  party against whom the measure is directed if the measure is
   97  granted; and
   98         (b) A reasonable possibility exists that the requesting
   99  party will succeed on the merits of the claim. The determination
  100  on this possibility does not affect the discretion of the
  101  arbitral tribunal in making any subsequent determination.
  102         (2) With regard to a request for an interim measure under
  103  s. 684.0018(4) s. 684.0018, the requirements in subsection (1)
  104  apply only to the extent the arbitral tribunal considers
  105  appropriate.
  106         Section 4. Section 684.0026, Florida Statutes, is amended
  107  to read:
  108         684.0026 Recognition and enforcement.—
  109         (1) An interim measure issued by an arbitral tribunal shall
  110  be recognized as binding and, unless otherwise provided by the
  111  arbitral tribunal, enforced upon application to the competent
  112  court, irrespective of the country in which it was issued,
  113  subject to s. 684.0027 s. 684.0019(1).
  114         (2) The party who is seeking or has obtained recognition or
  115  enforcement of an interim measure shall promptly inform the
  116  court of the termination, suspension, or modification of the
  117  interim measure.
  118         (3) The court where recognition or enforcement is sought
  119  may, if it considers it proper, order the requesting party to
  120  provide appropriate security if the arbitral tribunal has not
  121  already made a determination with respect to security or if such
  122  a decision is necessary to protect the rights of third parties.
  123         Section 5. Section 685.101, Florida Statutes, is amended to
  124  read:
  125         685.101 Choice of law.—
  126         (1) The parties to any contract, agreement, or undertaking,
  127  contingent or otherwise, in consideration of or relating to any
  128  obligation arising out of a transaction involving in the
  129  aggregate at least not less than $250,000, the equivalent
  130  thereof in any foreign currency, or services or tangible or
  131  intangible property, or both, of equivalent value, including a
  132  transaction otherwise covered by s. 671.105(1), may, to the
  133  extent permitted under the United States Constitution, agree
  134  that the law of this state will govern such contract, agreement,
  135  or undertaking, the effect thereof and their rights and duties
  136  thereunder, in whole or in part, whether or not such contract,
  137  agreement, or undertaking bears any relation to this state.
  138         (2) This section does not apply to any contract, agreement,
  139  or undertaking:
  140         (a) Regarding any transaction which does not bear a
  141  substantial or reasonable relation to this state in which every
  142  party is either or a combination of:
  143         1. A resident and citizen of the United States, but not of
  144  this state; or
  145         2. Incorporated or organized under the laws of another
  146  state and does not maintain a place of business in this state;
  147         (a)(b) For labor or employment;
  148         (b)(c) Relating to any transaction for personal, family, or
  149  household purposes, unless such contract, agreement, or
  150  undertaking concerns a trust at least one trustee of which
  151  resides or transacts business as a trustee in this state, in
  152  which case this section applies;
  153         (c)(d) To the extent provided to the contrary in s.
  154  671.105(2); or
  155         (d)(e) To the extent such contract, agreement, or
  156  undertaking is otherwise covered or affected by s. 655.55.
  157         (3) This section does not limit or deny the enforcement of
  158  any provision respecting choice of law in any other contract,
  159  agreement, or undertaking.
  160         (4) This section applies to:
  161         (a) contracts entered into on or after July 1, 20ll June
  162  27, 1989; and
  163         (b) Contracts entered into prior to June 27, 1989, if an
  164  action or proceeding relating to such contract is commenced on
  165  or after June 27, 1989.
  166         Section 6. Section 685.102, Florida Statutes, is amended to
  167  read:
  168         685.102 Jurisdiction.—
  169         (1) Notwithstanding any law that limits the right of a
  170  person to maintain an action or proceeding, any person may, to
  171  the extent permitted under the United States Constitution,
  172  maintain in this state an action or proceeding against any
  173  person or other entity residing or located outside this state,
  174  if the action or proceeding arises out of or relates to any
  175  contract, agreement, or undertaking for which a choice of the
  176  law of this state, in whole or in part, has been made consistent
  177  with pursuant to s. 685.101 and which contains a provision by
  178  which such person or other entity residing or located outside
  179  this state agrees to submit to the jurisdiction of the courts of
  180  this state.
  181         (2) This section does not affect the jurisdiction of the
  182  courts of this state over any action or proceeding arising out
  183  of or relating to any other contract, agreement, or undertaking.
  184         (3) This section applies to:
  185         (a) contracts entered into on or after July 1, 2011 June
  186  27, 1989; and
  187         (b) Contracts entered into prior to June 27, 1989, if an
  188  action or proceeding relating to such contract is commenced on
  189  or after June 27, 1989.
  190         Section 7. This act shall take effect July 1, 2011.