Senate Bill sb2298c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                           CS for SB 2298

    By the Committee on Judiciary; and Senator Webster





    590-2483-06

  1                      A bill to be entitled

  2         An act relating to legal actions; amending s.

  3         48.193, F.S.; providing that entering into

  4         certain specified contracts subjects a person

  5         to the jurisdiction of the courts of this

  6         state; amending s. 55.502, F.S.; redefining the

  7         term "foreign judgment" under the Florida

  8         Enforcement of Foreign Judgments Act; amending

  9         s. 685.102, F.S.; conforming provisions to

10         changes made by the act; providing an effective

11         date.

12  

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

14  

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

16  section 48.193, Florida Statutes, to read:

17         48.193  Acts subjecting person to jurisdiction of

18  courts of state.--

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

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

21  the acts enumerated in this subsection thereby submits himself

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

23  personal representative to the jurisdiction of the courts of

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

25  any of the following acts:

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

27  685.102.

28         Section 2.  Subsection (1) of section 55.502, Florida

29  Statutes, is amended to read:

30         55.502  Construction of act.--

31  

                                  1

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






    Florida Senate - 2006                           CS for SB 2298
    590-2483-06




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

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

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

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

 5  faith and credit in this state.

 6         Section 3.  Section 685.102, Florida Statutes, is

 7  amended to read:

 8         685.102  Jurisdiction.--

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

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

11  the extent permitted under the United States Constitution,

12  maintain in this state an action or proceeding against any

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

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

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

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

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

18  provision by which such person or other entity residing or

19  located outside this state agrees to submit to the

20  jurisdiction of the courts of this state.

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

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

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

24  undertaking.

25         (3)  This section applies to:

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

27  27, 1989; and

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

29  an action or proceeding relating to such contract is commenced

30  on or after June 27, 1989.

31         Section 4.  This act shall take effect July 1, 2006.

                                  2

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






    Florida Senate - 2006                           CS for SB 2298
    590-2483-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2298

 3                                 

 4  The committee substitute removes a provision which would have
    permitted a person to serve process on the Secretary of State
 5  for corporations that could not be served otherwise.

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

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