HB 917

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 provisions which state that a
6	person submits to the jurisdiction of the courts of
7	this state by entering into a contract that designates
8	the law of this state as the law governing the
9	contract and that contains a provision by which such
10	person agrees to submit to the jurisdiction of the
11	courts of this state; amending s. 55.502, F.S.;
12	revising the definition of the term "foreign judgment"
13	for purposes of the Florida Enforcement of Foreign
14	Judgments Act; amending s. 684.0019, F.S.; clarifying
15	that an arbitral tribunal receiving a request for an
16	interim measure to preserve evidence in a dispute
17	governed by the Florida International Commercial
18	Arbitration Act need consider only to the extent
19	appropriate the potential harm that may occur if the
20	measure is not awarded or the possibility that the
21	requesting party will succeed on the merits of the
22	claim; amending s. 684.0026, F.S.; correcting a cross-
23	reference in the Florida International Commercial
24	Arbitration Act; amending s. 685.101, F.S.; deleting a
25	restriction on the jurisdiction of the courts of this
26	state to transactions bearing a substantial relation
27	to this state; revising application dates of
28	provisions relating to the jurisdiction of the courts;
29	amending s. 685.102, F.S.; revising application dates
30	of provisions relating to the jurisdiction of the
31	courts; providing an effective date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  Subsection (1) of section 48.193, Florida
36	Statutes, is amended to read:
37	48.193  Acts subjecting person to jurisdiction of courts of
38	state.-
39	(1)  Any person, whether or not a citizen or resident of
40	this state, who personally or through an agent does any of the
41	acts enumerated in this subsection thereby submits himself or
42	herself and, if he or she is a natural person, his or her
43	personal representative to the jurisdiction of the courts of
44	this state for any cause of action arising from the doing of any
45	of the following acts:
46	(a)  Operating, conducting, engaging in, or carrying on a
47	business or business venture in this state or having an office
48	or agency in this state.
49	(b)  Committing a tortious act within this state.
50	(c)  Owning, using, possessing, or holding a mortgage or
51	other lien on any real property within this state.
52	(d)  Contracting to insure any person, property, or risk
53	located within this state at the time of contracting.
54	(e)  With respect to a proceeding for alimony, child
55	support, or division of property in connection with an action to
56	dissolve a marriage or with respect to an independent action for
57	support of dependents, maintaining a matrimonial domicile in
58	this state at the time of the commencement of this action or, if
59	the defendant resided in this state preceding the commencement
60	of the action, whether cohabiting during that time or not. This
61	paragraph does not change the residency requirement for filing
62	an action for dissolution of marriage.
63	(f)  Causing injury to persons or property within this
64	state arising out of an act or omission by the defendant outside
65	this state, if, at or about the time of the injury, either:
66	1.  The defendant was engaged in solicitation or service
67	activities within this state; or
68	2.  Products, materials, or things processed, serviced, or
69	manufactured by the defendant anywhere were used or consumed
70	within this state in the ordinary course of commerce, trade, or
71	use.
72	(g)  Breaching a contract in this state by failing to
73	perform acts required by the contract to be performed in this
74	state.
75	(h)  With respect to a proceeding for paternity, engaging
76	in the act of sexual intercourse within this state with respect
77	to which a child may have been conceived.
78	(i)  Entering into a contract that complies with s.
79	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
94	is 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
110	shall be recognized as binding and, unless otherwise provided by
111	the arbitral tribunal, enforced upon application to the
112	competent court, irrespective of the country in which it was
113	issued, subject to s. 684.0027 s. 684.0019(1).
114	(2)  The party who is seeking or has obtained recognition
115	or 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
124	to read:
125	685.101  Choice of law.-
126	(1)  The parties to any contract, agreement, or
127	undertaking, contingent or otherwise, in consideration of or
128	relating to any obligation arising out of a transaction
129	involving in the aggregate at least not less than $250,000, the
130	equivalent thereof in any foreign currency, or services or
131	tangible or intangible property, or both, of equivalent value,
132	including a transaction otherwise covered by s. 671.105(1), may,
133	to the extent permitted under the United States Constitution,
134	agree that the law of this state will govern such contract,
135	agreement, or undertaking, the effect thereof and their rights
136	and duties thereunder, in whole or in part, whether or not such
137	contract, agreement, or undertaking bears any relation to this
138	state.
139	(2)  This section does not apply to any contract,
140	agreement, or undertaking:
141	(a)  Regarding any transaction which does not bear a
142	substantial or reasonable relation to this state in which every
143	party is either or a combination of:
144	1.  A resident and citizen of the United States, but not of
145	this state; or
146	2.  Incorporated or organized under the laws of another
147	state and does not maintain a place of business in this state;
148	(a)(b)  For labor or employment;
149	(b)(c)  Relating to any transaction for personal, family,
150	or household purposes, unless such contract, agreement, or
151	undertaking concerns a trust at least one trustee of which
152	resides or transacts business as a trustee in this state, in
153	which case this section applies;
154	(c)(d)  To the extent provided to the contrary in s.
155	671.105(2); or
156	(d)(e)  To the extent such contract, agreement, or
157	undertaking is otherwise covered or affected by s. 655.55.
158	(3)  This section does not limit or deny the enforcement of
159	any provision respecting choice of law in any other contract,
160	agreement, or undertaking.
161	(4)  This section applies to:
162	(a)  contracts entered into on or after July 1, 2012 June
163	27, 1989; and
164	(b)  Contracts entered into prior to June 27, 1989, if an
165	action or proceeding relating to such contract is commenced on
166	or after June 27, 1989.
167	Section 6.  Section 685.102, Florida Statutes, is amended
168	to read:
169	685.102  Jurisdiction.-
170	(1)  Notwithstanding any law that limits the right of a
171	person to maintain an action or proceeding, any person may, to
172	the extent permitted under the United States Constitution,
173	maintain in this state an action or proceeding against any
174	person or other entity residing or located outside this state,
175	if the action or proceeding arises out of or relates to any
176	contract, agreement, or undertaking for which a choice of the
177	law of this state, in whole or in part, has been made consistent
178	with pursuant to s. 685.101 and which contains a provision by
179	which such person or other entity residing or located outside
180	this state agrees to submit to the jurisdiction of the courts of
181	this state.
182	(2)  This section does not affect the jurisdiction of the
183	courts of this state over any action or proceeding arising out
184	of or relating to any other contract, agreement, or undertaking.
185	(3)  This section applies to:
186	(a)  contracts entered into on or after July 1, 2012 June
187	27, 1989; and
188	(b)  Contracts entered into prior to June 27, 1989, if an
189	action or proceeding relating to such contract is commenced on
190	or after June 27, 1989.
191	Section 7.  This act shall take effect July 1, 2012.

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