Senate Bill sb2298

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    Florida Senate - 2006                                  SB 2298

    By Senator Webster





    9-1419-06

  1                      A bill to be entitled

  2         An act relating to legal actions; amending s.

  3         48.081, F.S.; providing for service of process

  4         on the Secretary of State for certain

  5         corporations under certain circumstances;

  6         amending s. 48.193, F.S.; providing that

  7         entering into certain specified contracts

  8         subjects a person to the jurisdiction of the

  9         courts of this state; amending s. 55.502, F.S.;

10         redefining the term "foreign judgment" under

11         the Florida Enforcement of Foreign Judgments

12         Act; amending s. 685.102, F.S.; conforming

13         provisions to changes made by the act;

14         providing an effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Subsection (1) of section 48.081, Florida

19  Statutes, is amended to read:

20         48.081  Service on corporation.--

21         (1)  Process against any private corporation, domestic

22  or foreign, may be served:

23         (a)  On the president or vice president, or other head

24  of the corporation;

25         (b)  In the absence of any person described in

26  paragraph (a), on the cashier, treasurer, secretary, or

27  general manager;

28         (c)  In the absence of any person described in

29  paragraph (a) or paragraph (b), on any director; or

30  

31  

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    Florida Senate - 2006                                  SB 2298
    9-1419-06




 1         (d)  In the absence of any person described in

 2  paragraph (a), paragraph (b), or paragraph (c), on any officer

 3  or business agent residing in the state; or.

 4         (e)  In the absence of any person described in

 5  paragraph (a), paragraph (b), paragraph (c), or paragraph (d),

 6  in the case of a domestic corporation or a registered foreign

 7  corporation, on the Secretary of State in accordance with s.

 8  48.151.

 9         Section 2.  Paragraph (i) is added to subsection (1) of

10  section 48.193, Florida Statutes, to read:

11         48.193  Acts subjecting person to jurisdiction of

12  courts of state.--

13         (1)  Any person, whether or not a citizen or resident

14  of this state, who personally or through an agent does any of

15  the acts enumerated in this subsection thereby submits himself

16  or herself and, if he or she is a natural person, his or her

17  personal representative to the jurisdiction of the courts of

18  this state for any cause of action arising from the doing of

19  any of the following acts:

20         (i)  Entering into a contract that complies with s.

21  685.102.

22         Section 3.  Subsection (1) of section 55.502, Florida

23  Statutes, is amended to read:

24         55.502  Construction of act.--

25         (1)  As used in ss. 55.501-55.509, the term "foreign

26  judgment" means any judgment, decree, or order of a court of

27  any other state or of the United States or any other court

28  which if such judgment, decree, or order is entitled to full

29  faith and credit in this state.

30         Section 4.  Section 685.102, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2006                                  SB 2298
    9-1419-06




 1         685.102  Jurisdiction.--

 2         (1)  Notwithstanding any law that limits the right of a

 3  person to maintain an action or proceeding, any person may, to

 4  the extent permitted under the United States Constitution,

 5  maintain in this state an action or proceeding against any

 6  person or other entity residing or located outside this state,

 7  if the action or proceeding arises out of or relates to any

 8  contract, agreement, or undertaking for which a choice of the

 9  law of this state, in whole or in part, has been made

10  consistent with pursuant to s. 685.101 and which contains a

11  provision by which such person or other entity residing or

12  located outside this state agrees to submit to the

13  jurisdiction of the courts of this state.

14         (2)  This section does not affect the jurisdiction of

15  the courts of this state over any action or proceeding arising

16  out of or relating to any other contract, agreement, or

17  undertaking.

18         (3)  This section applies to:

19         (a)  contracts entered into on or after June 30, 2006

20  27, 1989; and

21         (b)  Contracts entered into prior to June 27, 1989, if

22  an action or proceeding relating to such contract is commenced

23  on or after June 27, 1989.

24         Section 5.  This act shall take effect July 1, 2006.

25  

26            *****************************************

27                          SENATE SUMMARY

28    Provides for service of process on the Secretary of State
      for certain corporations under certain circumstances.
29    Provides that entering into certain specified contracts
      subjects a person to the jurisdiction of the courts of
30    this state. Redefines the term "foreign judgment" under
      the Florida Enforcement of Foreign Judgments Act.
31  

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