Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 186
       
       
       
       
       
       
                                Barcode 540770                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/19/2013           .                                
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       The Committee on Judiciary (Bradley) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) of section 48.193, Florida
    6  Statutes, is amended to read:
    7         48.193 Acts subjecting person to jurisdiction of courts of
    8  state.—
    9         (1) A Any person, whether or not a citizen or resident of
   10  this state, who personally or through an agent does any of the
   11  acts enumerated in this subsection thereby submits himself or
   12  herself and, if he or she is a natural person, his or her
   13  personal representative to the jurisdiction of the courts of
   14  this state for any cause of action arising from the doing of any
   15  of the following acts:
   16         (a) Operating, conducting, engaging in, or carrying on a
   17  business or business venture in this state or having an office
   18  or agency in this state.
   19         (b) Committing a tortious act within this state.
   20         (c) Owning, using, possessing, or holding a mortgage or
   21  other lien on any real property within this state.
   22         (d) Contracting to insure a any person, property, or risk
   23  located within this state at the time of contracting.
   24         (e) With respect to a proceeding for alimony, child
   25  support, or division of property in connection with an action to
   26  dissolve a marriage or with respect to an independent action for
   27  support of dependents, maintaining a matrimonial domicile in
   28  this state at the time of the commencement of this action or, if
   29  the defendant resided in this state preceding the commencement
   30  of the action, whether cohabiting during that time or not. This
   31  paragraph does not change the residency requirement for filing
   32  an action for dissolution of marriage.
   33         (f) Causing injury to persons or property within this state
   34  arising out of an act or omission by the defendant outside this
   35  state, if, at or about the time of the injury, either:
   36         1. The defendant was engaged in solicitation or service
   37  activities within this state; or
   38         2. Products, materials, or things processed, serviced, or
   39  manufactured by the defendant anywhere were used or consumed
   40  within this state in the ordinary course of commerce, trade, or
   41  use.
   42         (g) Breaching a contract in this state by failing to
   43  perform acts required by the contract to be performed in this
   44  state.
   45         (h) With respect to a proceeding for paternity, engaging in
   46  the act of sexual intercourse within this state with respect to
   47  which a child may have been conceived.
   48         (i) Entering into a contract that complies with s. 685.102.
   49         Section 2. Subsection (1) of section 55.502, Florida
   50  Statutes, is amended to read:
   51         55.502 Construction of act.—
   52         (1) As used in ss. 55.501-55.509, the term “foreign
   53  judgment” means a any judgment, decree, or order of a court of
   54  any other state, territory or commonwealth of the United States,
   55  or of the United States if such judgment, decree, or order is
   56  entitled to full faith and credit in this state.
   57         Section 3. Subsection (3) of section 684.0002, Florida
   58  Statutes, is amended to read:
   59         684.0002 Scope of application.—
   60         (3) An arbitration is international if:
   61         (a) The parties to an arbitration agreement have, at the
   62  time of the conclusion of that agreement, their places of
   63  business in different countries; or
   64         (b) One of the following places is situated outside the
   65  country in which the parties have their places of business:
   66         1. The place of arbitration if determined in, or pursuant
   67  to, the arbitration agreement; or
   68         2. Any place where a substantial part of the obligations of
   69  the commercial relationship are to be performed or the place
   70  with which the subject matter of the dispute is most closely
   71  connected; or
   72         (c) The parties have expressly agreed that the subject
   73  matter of the arbitration agreement relates to more than one
   74  country.
   75         Section 4. Subsection (2) of section 684.0003, Florida
   76  Statutes, is amended to read:
   77         684.0003 Definitions and rules of interpretation.—
   78         (2) A provision of this chapter, except s. 684.0039 s.
   79  684.0038, which leaves the parties free to determine a certain
   80  issue, includes the right of the parties to authorize a third
   81  party, including an institution, to make that determination.
   82         Section 5. Section 684.0019, Florida Statutes, is amended
   83  to read:
   84         684.0019 Conditions for granting interim measures.—
   85         (1) The party requesting an interim measure under s.
   86  684.0018 shall must satisfy the arbitral tribunal that:
   87         (a) Harm not adequately reparable by an award of damages is
   88  likely to result if the measure is not ordered, and such harm
   89  substantially outweighs the harm that is likely to result to the
   90  party against whom the measure is directed if the measure is
   91  granted; and
   92         (b) A reasonable possibility exists that the requesting
   93  party will succeed on the merits of the claim. The determination
   94  on this possibility does not affect the discretion of the
   95  arbitral tribunal in making any subsequent determination.
   96         (2) With regard to a request for an interim measure under
   97  s. 684.0018(4) s. 684.0018, the requirements in subsection (1)
   98  apply only to the extent the arbitral tribunal considers
   99  appropriate.
  100         Section 6. Section 684.0026, Florida Statutes, is amended
  101  to read:
  102         684.0026 Recognition and enforcement.—
  103         (1) An interim measure issued by an arbitral tribunal must
  104  shall be recognized as binding and, unless otherwise provided by
  105  the arbitral tribunal, enforced upon application to the
  106  competent court, irrespective of the country in which it was
  107  issued, subject to s. 684.0027 s. 684.0019(1).
  108         (2) The party who is seeking or has obtained recognition or
  109  enforcement of an interim measure shall promptly inform the
  110  court of the termination, suspension, or modification of the
  111  interim measure.
  112         (3) The court where recognition or enforcement is sought
  113  may, if it considers it proper, order the requesting party to
  114  provide appropriate security if the arbitral tribunal has not
  115  already made a determination with respect to security or if such
  116  a decision is necessary to protect the rights of third parties.
  117         Section 7. Section 684.0049, Florida Statutes, is created
  118  to read:
  119         684.0049Consent to jurisdiction.—The initiation of
  120  arbitration in this state, or the making of a written contract,
  121  agreement, or undertaking to arbitrate which provides for
  122  arbitration in this state, constitutes a consent to exercise in
  123  personam jurisdiction by the courts of this state in any action
  124  arising out of or in connection with the arbitration and any
  125  resulting order or award.
  126         Section 8. This act shall take effect July 1, 2013.
  127  
  128  ================= T I T L E  A M E N D M E N T ================
  129         And the title is amended as follows:
  130         Delete everything before the enacting clause
  131  and insert:
  132                        A bill to be entitled                      
  133         An act relating to the jurisdiction of the courts;
  134         amending s. 48.193, F.S.; providing that a person
  135         submits to the jurisdiction of the courts of this
  136         state by entering into a contract that specifies that
  137         the law of this state governs the contract and that
  138         the person agrees to submit to the jurisdiction of the
  139         courts of this state; amending s. 55.502, F.S.;
  140         revising the definition of the term “foreign judgment”
  141         for purposes of the Florida Enforcement of Foreign
  142         Judgments Act; amending s. 684.0002, F.S.; clarifying
  143         the circumstances under which an arbitration is
  144         international; amending s. 684.0003, F.S.; correcting
  145         a cross-reference; amending s. 684.0019, F.S.;
  146         limiting the application of certain provisions to
  147         instances in which an arbitral tribunal orders a party
  148         to preserve evidence that may be relevant and material
  149         to the resolution of a dispute; amending s. 684.0026,
  150         F.S.; correcting a cross-reference in the Florida
  151         International Commercial Arbitration Act; creating s.
  152         684.0049, F.S.; providing that the initiation of
  153         arbitration in this state, or the making of a written
  154         agreement to arbitrate which provides for arbitration
  155         in this state, constitutes a consent to exercise in
  156         personam jurisdiction by the courts of this state;
  157         providing an effective date.