HB 1337

1
A bill to be entitled
2An act relating to the jurisdiction of the courts;
3amending s. 48.081, F.S.; authorizing a person to serve
4process on the Secretary of State if other representatives
5of a corporation cannot be served; amending s. 48.151,
6F.S.; requiring that process served on the Secretary of
7State on behalf of a defendant corporation be accompanied
8by a fee, an affidavit detailing other attempts to serve
9the corporation and known addresses of representatives of
10the corporation, and multiple copies of the process;
11requiring that the Secretary of State mail a copy of the
12process to representatives of the defendant corporation;
13requiring that the Secretary of State provide a notice of
14service to the plaintiff or plaintiff's attorney;
15requiring the Secretary of State to explain the reasons
16for rejecting the service of process; amending s. 48.193,
17F.S.; including as an additional basis for subjecting a
18person to the jurisdiction of the courts of this state the
19basis for jurisdiction provisions which state that a
20person submits to the jurisdiction of the courts of this
21state by entering into a contract that designates the law
22of this state as the law governing the contract and that
23contains a provision by which such person agrees to submit
24to the jurisdiction of the courts of this state; amending
25s. 55.502, F.S.; revising the definition of the term
26"foreign judgment" for purposes of the Florida Enforcement
27of Foreign Judgments Act; amending s. 684.0019, F.S.;
28clarifying that an arbitral tribunal receiving a request
29for an interim measure to preserve evidence in a dispute
30governed by the Florida International Commercial
31Arbitration Act need only consider to the extent
32appropriate the potential harm that may occur if the
33measure is not awarded or the possibility that the
34requesting party will succeed on the merits of the claim;
35amending s. 684.0026, F.S.; correcting a cross-reference
36in the Florida International Commercial Arbitration Act;
37amending s. 685.101, F.S.; deleting a restriction on the
38jurisdiction of the courts of this state to transactions
39bearing a substantial relation to this state; revising
40application dates of provisions relating to the
41jurisdiction of the courts; amending s. 685.102, F.S.;
42revising application dates of provisions relating to the
43jurisdiction of the courts; providing an effective date.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  Section 48.081, Florida Statutes, is amended to
48read:
49     48.081  Service on corporation.-
50     (1)  Process against any private corporation, domestic or
51foreign, may be served:
52     (a)  On the president or vice president, or other head of
53the corporation;
54     (b)  In the absence of any person described in paragraph
55(a), on the cashier, treasurer, secretary, or general manager;
56     (c)  In the absence of any person described in paragraph
57(a) or paragraph (b), on any director; or
58     (d)  In the absence of any person described in paragraph
59(a), paragraph (b), or paragraph (c), on any officer or business
60agent residing in the state; or
61     (e)  In the absence of any person described in paragraph
62(a), paragraph (b), paragraph (c), or paragraph (d), in the case
63of a domestic corporation or a registered foreign corporation,
64on the Secretary of State pursuant to s. 48.151.
65     (2)  If a foreign corporation has none of the foregoing
66officers or agents in this state, service may be made on any
67agent transacting business for it in this state.
68     (3)(a)  As an alternative to all of the foregoing, process
69may be served on the agent designated by the corporation under
70s. 48.091. However, if service cannot be made on a registered
71agent because of failure to comply with s. 48.091, service of
72process shall be permitted on any employee at the corporation's
73principal place of business or on any employee of the registered
74agent.
75     (b)  If the address provided for the registered agent,
76officer, director, or principal place of business is a residence
77or private mailbox, service on the corporation may be made by
78serving the registered agent, officer, or director in accordance
79with s. 48.031.
80     (4)  This section does not apply to service of process on
81insurance companies.
82     (5)  When a corporation engages in substantial and not
83isolated activities within this state, or has a business office
84within the state and is actually engaged in the transaction of
85business therefrom, service upon any officer or business agent
86while on corporate business within this state may personally be
87made, pursuant to this section, and it is not necessary in such
88case that the action, suit, or proceeding against the
89corporation shall have arisen out of any transaction or
90operation connected with or incidental to the business being
91transacted within the state.
92     Section 2.  Section 48.151, Florida Statutes, is amended to
93read:
94     48.151  Service on statutory agents for certain persons.-
95     (1)  When any law designates a public officer, board,
96agency, or commission as the agent for service of process on any
97person, firm, or corporation, service of process thereunder
98shall be made by leaving two copies of the process with the
99public officer, board, agency, or commission or in the office
100thereof, or by mailing said copies to the public officer, board,
101agency, or commission. The public officer, board, agency, or
102commission so served shall file one copy in his or her or its
103records and promptly send the other copy, by registered or
104certified mail, to the person to be served as shown by his or
105her or its records. Proof of service on the public officer,
106board, agency, or commission shall be by a notice accepting the
107process which shall be issued by the public officer, board,
108agency, or commission promptly after service and filed in the
109court issuing the process. The notice accepting service shall
110state the date upon which the copy of the process was mailed by
111the public officer, board, agency, or commission to the person
112being served and the time for pleading prescribed by the rules
113of procedure shall run from this date. The service is valid
114service for all purposes on the person for whom the public
115officer, board, agency, or commission is statutory agent for
116service of process.
117     (2)  This section does not apply to substituted service of
118process on nonresidents.
119     (3)  The Chief Financial Officer or his or her assistant or
120deputy or another person in charge of the office is the agent
121for service of process on all insurers applying for authority to
122transact insurance in this state, all licensed nonresident
123insurance agents, all nonresident disability insurance agents
124licensed pursuant to s. 626.835, any unauthorized insurer under
125s. 626.906 or s. 626.937, domestic reciprocal insurers,
126fraternal benefit societies under chapter 632, warranty
127associations under chapter 634, prepaid limited health service
128organizations under chapter 636, and persons required to file
129statements under s. 628.461.
130     (4)  The Director of the Office of Financial Regulation of
131the Financial Services Commission is the agent for service of
132process for any issuer as defined in s. 517.021, or any dealer,
133investment adviser, or associated person registered with that
134office, for any violation of any provision of chapter 517.
135     (5)  The Secretary of State is the agent for service of
136process for any retailer, dealer or vendor who has failed to
137designate an agent for service of process as required under s.
138212.151 for violations of chapter 212.
139     (6)(a)  In addition to the requirements of subsection (1),
140service on the Secretary of State pursuant to s. 48.081(1)(e)
141must:
142     1.  Be accompanied by fee of $10.
143     2.  Include a sworn affidavit of the plaintiff or
144plaintiff's attorney setting forth the identity of the plaintiff
145and defendant to whom the process relates.
146     a.  The affidavit must show that a diligent search and
147inquiry have been made to discover the whereabouts of the
148persons upon whom service of process would bind the defendant
149corporation; identify any process servers, private
150investigators, or computerized search methods used; and explain
151the reasons for concluding that all of the persons are absent
152from or cannot be found within the state.
153     b.  The plaintiff or plaintiff's attorney shall also state
154in the affidavit the registered agent's address, the address of
155the principal place of business and, if different, the last
156known address of which the plaintiff or plaintiff's attorney is
157aware. Instead of the two copies required by subsection (1), the
158plaintiff or plaintiff's attorney shall provide two copies of
159process for each address listed in the affidavit for the
160defendant being served, plus an additional copy for filing.
161     (b)1.  The Secretary of State shall review the process and
162affidavit upon service. If the secretary determines that the
163requirements of this subsection are met by the process and
164affidavit submitted, the secretary shall mail a copy of the
165process to:
166     a.  The defendant corporation as provided in subsection
167(1).
168     b.  The registered address of the defendant corporation by
169regular mail.
170     c.  The defendant corporation at additional addresses
171listed on the accompanying affidavit by regular mail and
172registered or certified mail.
173     2.  The secretary shall send a notice of service to the
174plaintiff or plaintiff's attorney for filing with the court from
175which the process originated.
176     3.  If the secretary determines that the requirements of
177this subsection have not been met, the secretary shall return
178the entire submission to the plaintiff or plaintiff's attorney
179with an explanation of the reasons for return.
180     Section 3.  Subsection (1) of section 48.193, Florida
181Statutes, is amended to read:
182     48.193  Acts subjecting person to jurisdiction of courts of
183state.-
184     (1)  Any person, whether or not a citizen or resident of
185this state, who personally or through an agent does any of the
186acts enumerated in this subsection thereby submits himself or
187herself and, if he or she is a natural person, his or her
188personal representative to the jurisdiction of the courts of
189this state for any cause of action arising from the doing of any
190of the following acts:
191     (a)  Operating, conducting, engaging in, or carrying on a
192business or business venture in this state or having an office
193or agency in this state.
194     (b)  Committing a tortious act within this state.
195     (c)  Owning, using, possessing, or holding a mortgage or
196other lien on any real property within this state.
197     (d)  Contracting to insure any person, property, or risk
198located within this state at the time of contracting.
199     (e)  With respect to a proceeding for alimony, child
200support, or division of property in connection with an action to
201dissolve a marriage or with respect to an independent action for
202support of dependents, maintaining a matrimonial domicile in
203this state at the time of the commencement of this action or, if
204the defendant resided in this state preceding the commencement
205of the action, whether cohabiting during that time or not. This
206paragraph does not change the residency requirement for filing
207an action for dissolution of marriage.
208     (f)  Causing injury to persons or property within this
209state arising out of an act or omission by the defendant outside
210this state, if, at or about the time of the injury, either:
211     1.  The defendant was engaged in solicitation or service
212activities within this state; or
213     2.  Products, materials, or things processed, serviced, or
214manufactured by the defendant anywhere were used or consumed
215within this state in the ordinary course of commerce, trade, or
216use.
217     (g)  Breaching a contract in this state by failing to
218perform acts required by the contract to be performed in this
219state.
220     (h)  With respect to a proceeding for paternity, engaging
221in the act of sexual intercourse within this state with respect
222to which a child may have been conceived.
223     (i)  Entering into a contract that complies with s.
224685.102.
225     Section 4.  Subsection (1) of section 55.502, Florida
226Statutes, is amended to read:
227     55.502  Construction of act.-
228     (1)  As used in ss. 55.501-55.509, the term "foreign
229judgment" means any judgment, decree, or order of a court which
230of any other state or of the United States if such judgment,
231decree, or order is entitled to full faith and credit in this
232state.
233     Section 5.  Section 684.0019, Florida Statutes, is amended
234to read:
235     684.0019  Conditions for granting interim measures.-
236     (1)  The party requesting an interim measure under s.
237684.0018 must satisfy the arbitral tribunal that:
238     (a)  Harm not adequately reparable by an award of damages
239is likely to result if the measure is not ordered, and such harm
240substantially outweighs the harm that is likely to result to the
241party against whom the measure is directed if the measure is
242granted; and
243     (b)  A reasonable possibility exists that the requesting
244party will succeed on the merits of the claim. The determination
245on this possibility does not affect the discretion of the
246arbitral tribunal in making any subsequent determination.
247     (2)  With regard to a request for an interim measure under
248s. 684.0018(4) s. 684.0018, the requirements in subsection (1)
249apply only to the extent the arbitral tribunal considers
250appropriate.
251     Section 6.  Section 684.0026, Florida Statutes, is amended
252to read:
253     684.0026  Recognition and enforcement.-
254     (1)  An interim measure issued by an arbitral tribunal
255shall be recognized as binding and, unless otherwise provided by
256the arbitral tribunal, enforced upon application to the
257competent court, irrespective of the country in which it was
258issued, subject to s. 684.0027 s. 684.0019(1).
259     (2)  The party who is seeking or has obtained recognition
260or enforcement of an interim measure shall promptly inform the
261court of the termination, suspension, or modification of the
262interim measure.
263     (3)  The court where recognition or enforcement is sought
264may, if it considers it proper, order the requesting party to
265provide appropriate security if the arbitral tribunal has not
266already made a determination with respect to security or if such
267a decision is necessary to protect the rights of third parties.
268     Section 7.  Section 685.101, Florida Statutes, is amended
269to read:
270     685.101  Choice of law.-
271     (1)  The parties to any contract, agreement, or
272undertaking, contingent or otherwise, in consideration of or
273relating to any obligation arising out of a transaction
274involving in the aggregate at least not less than $250,000, the
275equivalent thereof in any foreign currency, or services or
276tangible or intangible property, or both, of equivalent value,
277including a transaction otherwise covered by s. 671.105(1), may,
278to the extent permitted under the United States Constitution,
279agree that the law of this state will govern such contract,
280agreement, or undertaking, the effect thereof and their rights
281and duties thereunder, in whole or in part, whether or not such
282contract, agreement, or undertaking bears any relation to this
283state.
284     (2)  This section does not apply to any contract,
285agreement, or undertaking:
286     (a)  Regarding any transaction which does not bear a
287substantial or reasonable relation to this state in which every
288party is either or a combination of:
289     1.  A resident and citizen of the United States, but not of
290this state; or
291     2.  Incorporated or organized under the laws of another
292state and does not maintain a place of business in this state;
293     (a)(b)  For labor or employment;
294     (b)(c)  Relating to any transaction for personal, family,
295or household purposes, unless such contract, agreement, or
296undertaking concerns a trust at least one trustee of which
297resides or transacts business as a trustee in this state, in
298which case this section applies;
299     (c)(d)  To the extent provided to the contrary in s.
300671.105(2); or
301     (d)(e)  To the extent such contract, agreement, or
302undertaking is otherwise covered or affected by s. 655.55.
303     (3)  This section does not limit or deny the enforcement of
304any provision respecting choice of law in any other contract,
305agreement, or undertaking.
306     (4)  This section applies to:
307     (a)  contracts entered into on or after July 1, 20ll June
30827, 1989; and
309     (b)  Contracts entered into prior to June 27, 1989, if an
310action or proceeding relating to such contract is commenced on
311or after June 27, 1989.
312     Section 8.  Section 685.102, Florida Statutes, is amended
313to read:
314     685.102  Jurisdiction.-
315     (1)  Notwithstanding any law that limits the right of a
316person to maintain an action or proceeding, any person may, to
317the extent permitted under the United States Constitution,
318maintain in this state an action or proceeding against any
319person or other entity residing or located outside this state,
320if the action or proceeding arises out of or relates to any
321contract, agreement, or undertaking for which a choice of the
322law of this state, in whole or in part, has been made consistent
323with pursuant to s. 685.101 and which contains a provision by
324which such person or other entity residing or located outside
325this state agrees to submit to the jurisdiction of the courts of
326this state.
327     (2)  This section does not affect the jurisdiction of the
328courts of this state over any action or proceeding arising out
329of or relating to any other contract, agreement, or undertaking.
330     (3)  This section applies to:
331     (a)  contracts entered into on or after July 1, 2011 June
33227, 1989; and
333     (b)  Contracts entered into prior to June 27, 1989, if an
334action or proceeding relating to such contract is commenced on
335or after June 27, 1989.
336     Section 9.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.