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