Florida Senate - 2013                 (Corrected Copy)    SB 186
       
       
       
       By Senator Diaz de la Portilla
       
       
       
       
       40-00461A-13                                           2013186__
    1                        A bill to be entitled                      
    2         An act relating to the jurisdiction of the courts;
    3         amending s. 48.193, F.S.; providing that a person
    4         submits to the jurisdiction of the courts of this
    5         state by entering into a contract that specifies that
    6         the law of this state governs the contract and that
    7         the person agrees to submit to the jurisdiction of the
    8         courts of this state; amending s. 55.502, F.S.;
    9         revising the definition of the term “foreign judgment”
   10         for purposes of the Florida Enforcement of Foreign
   11         Judgments Act; amending s. 684.0002, F.S.; clarifying
   12         the circumstances under which an arbitration is
   13         international; amending s. 684.0003, F.S.; correcting
   14         a cross-reference; amending s. 684.0019, F.S.;
   15         limiting the application of certain provisions to
   16         instances in which an arbitral tribunal orders a party
   17         to preserve evidence that may be relevant and material
   18         to the resolution of a dispute; amending s. 684.0026,
   19         F.S.; correcting a cross-reference in the Florida
   20         International Commercial Arbitration Act; creating s.
   21         684.0049, F.S.; providing that the initiation of
   22         arbitration in this state, or the making of a written
   23         agreement to arbitrate which provides for arbitration
   24         in this state, constitutes a consent to exercise in
   25         personam jurisdiction by the courts of this state;
   26         amending s. 685.101, F.S.; revising the circumstances
   27         under which the parties to a contract, agreement, or
   28         undertaking may agree that the law of this state
   29         governs the contract, agreement, or undertaking;
   30         revising application dates of provisions relating to
   31         the jurisdiction of the courts; amending s. 685.102,
   32         F.S.; revising application dates of provisions
   33         relating to the jurisdiction of the courts; providing
   34         an effective date.
   35  
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Subsection (1) of section 48.193, Florida
   39  Statutes, is amended to read:
   40         48.193 Acts subjecting person to jurisdiction of courts of
   41  state.—
   42         (1) A Any person, whether or not a citizen or resident of
   43  this state, who personally or through an agent does any of the
   44  acts enumerated in this subsection thereby submits himself or
   45  herself and, if he or she is a natural person, his or her
   46  personal representative to the jurisdiction of the courts of
   47  this state for any cause of action arising from the doing of any
   48  of the following acts:
   49         (a) Operating, conducting, engaging in, or carrying on a
   50  business or business venture in this state or having an office
   51  or agency in this state.
   52         (b) Committing a tortious act within this state.
   53         (c) Owning, using, possessing, or holding a mortgage or
   54  other lien on any real property within this state.
   55         (d) Contracting to insure a any person, property, or risk
   56  located within this state at the time of contracting.
   57         (e) With respect to a proceeding for alimony, child
   58  support, or division of property in connection with an action to
   59  dissolve a marriage or with respect to an independent action for
   60  support of dependents, maintaining a matrimonial domicile in
   61  this state at the time of the commencement of this action or, if
   62  the defendant resided in this state preceding the commencement
   63  of the action, whether cohabiting during that time or not. This
   64  paragraph does not change the residency requirement for filing
   65  an action for dissolution of marriage.
   66         (f) Causing injury to persons or property within this state
   67  arising out of an act or omission by the defendant outside this
   68  state, if, at or about the time of the injury, either:
   69         1. The defendant was engaged in solicitation or service
   70  activities within this state; or
   71         2. Products, materials, or things processed, serviced, or
   72  manufactured by the defendant anywhere were used or consumed
   73  within this state in the ordinary course of commerce, trade, or
   74  use.
   75         (g) Breaching a contract in this state by failing to
   76  perform acts required by the contract to be performed in this
   77  state.
   78         (h) With respect to a proceeding for paternity, engaging in
   79  the act of sexual intercourse within this state with respect to
   80  which a child may have been conceived.
   81         (i) Entering into a contract that complies with s. 685.102.
   82         Section 2. Subsection (1) of section 55.502, Florida
   83  Statutes, is amended to read:
   84         55.502 Construction of act.—
   85         (1) As used in ss. 55.501-55.509, the term “foreign
   86  judgment” means a any judgment, decree, or order of a court that
   87  of any other state or of the United States if such judgment,
   88  decree, or order is entitled to full faith and credit in this
   89  state.
   90         Section 3. Subsection (3) of section 684.0002, Florida
   91  Statutes, is amended to read:
   92         684.0002 Scope of application.—
   93         (3) An arbitration is international if:
   94         (a) The parties to an arbitration agreement have, at the
   95  time of the conclusion of that agreement, their places of
   96  business in different countries; or
   97         (b) One of the following places is situated outside the
   98  country in which the parties have their places of business:
   99         1. The place of arbitration if determined in, or pursuant
  100  to, the arbitration agreement; or
  101         2. Any place where a substantial part of the obligations of
  102  the commercial relationship are to be performed or the place
  103  with which the subject matter of the dispute is most closely
  104  connected; or
  105         (c) The parties have expressly agreed that the subject
  106  matter of the arbitration agreement relates to more than one
  107  country.
  108         Section 4. Subsection (2) of section 684.0003, Florida
  109  Statutes, is amended to read:
  110         684.0003 Definitions and rules of interpretation.—
  111         (2) A provision of this chapter, except s. 684.0039 s.
  112  684.0038, which leaves the parties free to determine a certain
  113  issue, includes the right of the parties to authorize a third
  114  party, including an institution, to make that determination.
  115         Section 5. Section 684.0019, Florida Statutes, is amended
  116  to read:
  117         684.0019 Conditions for granting interim measures.—
  118         (1) The party requesting an interim measure under s.
  119  684.0018 shall must satisfy the arbitral tribunal that:
  120         (a) Harm not adequately reparable by an award of damages is
  121  likely to result if the measure is not ordered, and such harm
  122  substantially outweighs the harm that is likely to result to the
  123  party against whom the measure is directed if the measure is
  124  granted; and
  125         (b) A reasonable possibility exists that the requesting
  126  party will succeed on the merits of the claim. The determination
  127  on this possibility does not affect the discretion of the
  128  arbitral tribunal in making any subsequent determination.
  129         (2) With regard to a request for an interim measure under
  130  s. 684.0018(4) s. 684.0018, the requirements in subsection (1)
  131  apply only to the extent the arbitral tribunal considers
  132  appropriate.
  133         Section 6. Section 684.0026, Florida Statutes, is amended
  134  to read:
  135         684.0026 Recognition and enforcement.—
  136         (1) An interim measure issued by an arbitral tribunal must
  137  shall be recognized as binding and, unless otherwise provided by
  138  the arbitral tribunal, enforced upon application to the
  139  competent court, irrespective of the country in which it was
  140  issued, subject to s. 684.0027 s. 684.0019(1).
  141         (2) The party who is seeking or has obtained recognition or
  142  enforcement of an interim measure shall promptly inform the
  143  court of the termination, suspension, or modification of the
  144  interim measure.
  145         (3) The court where recognition or enforcement is sought
  146  may, if it considers it proper, order the requesting party to
  147  provide appropriate security if the arbitral tribunal has not
  148  already made a determination with respect to security or if such
  149  a decision is necessary to protect the rights of third parties.
  150         Section 7. Section 684.0049, Florida Statutes, is created
  151  to read:
  152         684.0049Consent to jurisdiction.—The initiation of
  153  arbitration in this state, or the making of a written contract,
  154  agreement, or undertaking to arbitrate which provides for
  155  arbitration in this state, constitutes a consent to exercise in
  156  personam jurisdiction by the courts of this state in any action
  157  arising out of or in connection with the arbitration and any
  158  resulting order or award.
  159         Section 8. Section 685.101, Florida Statutes, is amended to
  160  read:
  161         685.101 Choice of law.—
  162         (1) The parties to any contract, agreement, or undertaking,
  163  contingent or otherwise, in consideration of or relating to any
  164  obligation arising out of a transaction involving in the
  165  aggregate at least not less than $250,000, the equivalent
  166  thereof in any foreign currency, or services or tangible or
  167  intangible property, or both, of equivalent value, including a
  168  transaction otherwise covered by s. 671.105(1), may, to the
  169  extent permitted under the United States Constitution, agree
  170  that the law of this state will govern such contract, agreement,
  171  or undertaking, the effect thereof and their rights and duties
  172  thereunder, in whole or in part, whether or not such contract,
  173  agreement, or undertaking bears any relation to this state.
  174         (2) This section does not apply to any contract, agreement,
  175  or undertaking:
  176         (a) Regarding any transaction which does not bear a
  177  substantial or reasonable relation to this state in which every
  178  party is either or a combination of:
  179         1. A resident and citizen of the United States, but not of
  180  this state; or
  181         2. Incorporated or organized under the laws of another
  182  state and does not maintain a place of business in this state;
  183         (a)(b) For labor or employment;
  184         (b)(c) Relating to any transaction for personal, family, or
  185  household purposes, unless such contract, agreement, or
  186  undertaking concerns a trust at least one trustee of which
  187  resides or transacts business as a trustee in this state, in
  188  which case this section applies;
  189         (c)(d) To the extent provided to the contrary in s.
  190  671.105(2); or
  191         (d)(e) To the extent such contract, agreement, or
  192  undertaking is otherwise covered or affected by s. 655.55.
  193         (3) This section does not limit or deny the enforcement of
  194  any provision respecting choice of law in any other contract,
  195  agreement, or undertaking.
  196         (4) This section applies to:
  197         (a) contracts entered into on or after July 1, 2013 June
  198  27, 1989; and
  199         (b) Contracts entered into prior to June 27, 1989, if an
  200  action or proceeding relating to such contract is commenced on
  201  or after June 27, 1989.
  202         Section 9. Section 685.102, Florida Statutes, is amended to
  203  read:
  204         685.102 Jurisdiction.—
  205         (1) Notwithstanding any law that limits the right of a
  206  person to maintain an action or proceeding, a any person may, to
  207  the extent permitted under the United States Constitution,
  208  maintain in this state an action or proceeding against any
  209  person or other entity residing or located outside this state,
  210  if the action or proceeding arises out of or relates to any
  211  contract, agreement, or undertaking for which a choice of the
  212  law of this state, in whole or in part, has been made consistent
  213  with pursuant to s. 685.101 and which contains a provision by
  214  which such person or other entity residing or located outside
  215  this state agrees to submit to the jurisdiction of the courts of
  216  this state.
  217         (2) This section does not affect the jurisdiction of the
  218  courts of this state over any action or proceeding arising out
  219  of or relating to any other contract, agreement, or undertaking.
  220         (3) This section applies to:
  221         (a) contracts entered into on or after July 1, 2013 June
  222  27, 1989; and
  223         (b) Contracts entered into prior to June 27, 1989, if an
  224  action or proceeding relating to such contract is commenced on
  225  or after June 27, 1989.
  226         Section 10. This act shall take effect July 1, 2013.