Florida Senate - 2009                                    SB 1066
       
       
       
       By Senator Aronberg
       
       
       
       
       27-01139-09                                           20091066__
    1                        A bill to be entitled                      
    2         An act relating to grounds for nonrecognition of
    3         foreign defamation judgments; amending s. 55.605,
    4         F.S.; providing that an out-of-country foreign
    5         judgment need not be recognized if the cause of action
    6         resulted in a defamation judgment obtained in a
    7         jurisdiction outside the United States, unless a court
    8         in this state first determines that the defamation law
    9         applied in the foreign court's adjudication provided
   10         at least as much protection for freedom of speech and
   11         press as would be provided in this state; creating s.
   12         55.6055, F.S.; providing that the courts of this state
   13         have personal jurisdiction over a person who obtains a
   14         judgment in a defamation proceeding outside the United
   15         States against a person residing in or having property
   16         in this state for the purpose of determining whether
   17         the foreign defamation judgment should be deemed
   18         nonrecognizable; providing for retroactive
   19         application; providing an effective date.
   20         
   21  Be It Enacted by the Legislature of the State of Florida:
   22         
   23         Section 1. Paragraph (h) is added to subsection (2) of
   24  section 55.605, Florida Statutes, to read:
   25         55.605 Grounds for nonrecognition.—
   26         (2) An out-of-country foreign judgment need not be
   27  recognized if:
   28         (h) The cause of action resulted in a defamation judgment
   29  obtained in a jurisdiction outside the United States, unless the
   30  court sitting in this state before which the matter is brought
   31  first determines that the defamation law applied in the foreign
   32  court's adjudication provided at least as much protection for
   33  freedom of speech and press in that case as would be provided by
   34  the United States Constitution and the State Constitution.
   35         Section 2. Section 55.6055, Florida Statutes, is created to
   36  read:
   37         55.6055 Foreign defamation judgment.—
   38         (1) For the purposes of rendering declaratory relief with
   39  respect to a person's liability for a foreign defamation
   40  judgment and determining whether the foreign defamation judgment
   41  should be deemed nonrecognizable under s. 55.605, the courts of
   42  this state have personal jurisdiction over any person who
   43  obtains a judgment in a defamation proceeding outside the United
   44  States against any person who:
   45         (a) Is a resident of this state;
   46         (b) Is a person or entity amenable to the jurisdiction of
   47  this state;
   48         (c) Has assets in this state; or
   49         (d) May have to take action in this state to comply with
   50  the judgment.
   51         (2) This section applies to judgments rendered in
   52  defamation proceedings outside the United States before, on, or
   53  after July 1, 2009.
   54         Section 3. This act shall take effect July 1, 2009.