HB 1537

CS

CHAMBER ACTION

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

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