HB 1537

1	A bill to be entitled
2	An act relating to legal actions; amending s. 48.081,
3	F.S.; providing for service of process on the Secretary of
4	State for certain corporations under certain
5	circumstances; amending s. 48.193, F.S.; specifying an
6	additional act subjecting a person to state court
7	jurisdiction; amending s. 55.502, F.S.; revising
8	construction of the term "foreign judgment" under the
9	Florida Enforcement of Foreign Judgments Act; amending ss.
10	685.101 and 685.102, F.S.; revising application of choice
11	of law and jurisdiction provisions to certain contracts,
12	agreements, or undertakings; providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Subsection (1) of section 48.081, Florida
17	Statutes, is amended to read:
18	48.081  Service on corporation.--
19	(1)  Process against any private corporation, domestic or
20	foreign, may be served:
21	(a)  On the president or vice president, or other head of
22	the corporation;
23	(b)  In the absence of any person described in paragraph
24	(a), on the cashier, treasurer, secretary, or general manager;
25	(c)  In the absence of any person described in paragraph
26	(a) or paragraph (b), on any director; or
27	(d)  In the absence of any person described in paragraph
28	(a), paragraph (b), or paragraph (c), on any officer or business
29	agent residing in the state; or
30	(e)  In the absence of any person described in paragraph
31	(a), paragraph (b), paragraph (c), or paragraph (d), in the case
32	of a domestic corporation or a registered foreign corporation on
33	the Secretary of State in accordance with s. 48.151.
34	Section 2.  Paragraph (i) is added to subsection (1) of
35	section 48.193, Florida Statutes, to read:
36	48.193  Acts subjecting person to jurisdiction of courts of
37	state.--
38	(1)  Any person, whether or not a citizen or resident of
39	this state, who personally or through an agent does any of the
40	acts enumerated in this subsection thereby submits himself or
41	herself and, if he or she is a natural person, his or her
42	personal representative to the jurisdiction of the courts of
43	this state for any cause of action arising from the doing of any
44	of the following acts:
45	(i)  Entering into a contract that complies with s.
46	685.102.
47	Section 3.  Subsection (1) of section 55.502, Florida
48	Statutes, is amended to read:
49	55.502  Construction of act.--
50	(1)  As used in ss. 55.501-55.509, the term "foreign
51	judgment" means any judgment, decree, or order of a court of any
52	other state or of the United States or any other court which if
53	such judgment, decree, or order is entitled to full faith and
54	credit in this state.
55	Section 4.  Section 685.101, Florida Statutes, is amended
56	to read:
57	685.101  Choice of law.--
58	(1)  The parties to any contract, agreement, or
59	undertaking, contingent or otherwise, in consideration of or
60	relating to any obligation arising out of a transaction
61	involving in the aggregate not less than $250,000, the
62	equivalent thereof in any foreign currency, or services or
63	tangible or intangible property, or both, of equivalent value,
64	including a transaction otherwise covered by s. 671.105(1), may,
65	to the extent permitted under the United States Constitution,
66	agree that the law of this state will govern such contract,
67	agreement, or undertaking, the effect thereof and their rights
68	and duties thereunder, in whole or in part, whether or not such
69	contract, agreement, or undertaking bears any relation to this
70	state.
71	(2)  This section does not apply to any contract,
72	agreement, or undertaking:
73	(a)  Regarding any transaction which does not bear a
74	substantial or reasonable relation to this state in which every
75	party is either or a combination of:
76	1.  A resident and citizen of the United States, but not of
77	this state; or
78	2.  Incorporated or organized under the laws of another
79	state and does not maintain a place of business in this state;
80	(a)(b)  For labor or employment;
81	(b)(c)  Relating to any transaction for personal, family,
82	or household purposes, unless such contract, agreement, or
83	undertaking concerns a trust at least one trustee of which
84	resides or transacts business as a trustee in this state, in
85	which case this section applies;
86	(c)(d)  To the extent provided to the contrary in s.
87	671.105(2); or
88	(d)(e)  To the extent such contract, agreement, or
89	undertaking is otherwise covered or affected by s. 655.55.
90	(3)  This section does not limit or deny the enforcement of
91	any provision respecting choice of law in any other contract,
92	agreement, or undertaking.
93	(4)  This section applies to:
94	(a)  contracts entered into on or after June 30, 2006 27,
95	1989; and
96	(b)  Contracts entered into prior to June 27, 1989, if an
97	action or proceeding relating to such contract is commenced on
98	or after June 27, 1989.
99	Section 5.  Section 685.102, Florida Statutes, to read:
100	685.102  Jurisdiction.--
101	(1)  Notwithstanding any law that limits the right of a
102	person to maintain an action or proceeding, any person may, to
103	the extent permitted under the United States Constitution,
104	maintain in this state an action or proceeding against any
105	person or other entity residing or located outside this state,
106	if the action or proceeding arises out of or relates to any
107	contract, agreement, or undertaking for which a choice of the
108	law of this state, in whole or in part, has been made consistent
109	with pursuant to s. 685.101 and which contains a provision by
110	which such person or other entity residing or located outside
111	this state agrees to submit to the jurisdiction of the courts of
112	this state.
113	(2)  This section does not affect the jurisdiction of the
114	courts of this state over any action or proceeding arising out
115	of or relating to any other contract, agreement, or undertaking.
116	(3)  This section applies to:
117	(a)  contracts entered into on or after June 30, 2006 27,
118	1989; and
119	(b)  Contracts entered into prior to June 27, 1989, if an
120	action or proceeding relating to such contract is commenced on
121	or after June 27, 1989.
122	Section 6.  This act shall take effect June 30, 2006.

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