Florida Senate - 2009                                    SB 1900
       
       
       
       By Senator Deutch
       
       
       
       
       30-01449-09                                           20091900__
    1                        A bill to be entitled                      
    2         An act relating to defamation; amending s. 55.605,
    3         F.S.; providing that a foreign judgment that has been
    4         declared to be unenforceable by a circuit court need
    5         not be enforced; creating s. 55.6054, F.S.;
    6         authorizing a person to bring an action for a
    7         declaratory judgment regarding the enforceability of
    8         foreign judgments based on a cause of action for
    9         defamation or similar cause of action; requiring a
   10         circuit court to declare such foreign judgments
   11         unenforceable under certain circumstances; providing
   12         an effective date.
   13         
   14  Be It Enacted by the Legislature of the State of Florida:
   15         
   16         Section 1. Section 55.605, Florida Statutes, is amended to
   17  read:
   18         55.605 Grounds for nonrecognition.—
   19         (1) An out-of-country foreign judgment is not conclusive
   20  if:
   21         (a) The judgment was rendered under a system which does not
   22  provide impartial tribunals or procedures compatible with the
   23  requirements of due process of law.
   24         (b) The foreign court did not have personal jurisdiction
   25  over the defendant.
   26         (c) The foreign court did not have jurisdiction over the
   27  subject matter.
   28         (2) An out-of-country foreign judgment need not be
   29  recognized if:
   30         (a) The defendant in the proceedings in the foreign court
   31  did not receive notice of the proceedings in sufficient time to
   32  enable him or her to defend.
   33         (b) The judgment was obtained by fraud.
   34         (c) The cause of action or claim for relief on which the
   35  judgment is based is repugnant to the public policy of this
   36  state.
   37         (d) The judgment resulted from a cause of action for
   38  defamation or similar cause of action which was declared
   39  unenforceable pursuant to s. 55.6054.
   40         (e)(d) The judgment conflicts with another final and
   41  conclusive order.
   42         (f)(e) The proceeding in the foreign court was contrary to
   43  an agreement between the parties under which the dispute in
   44  question was to be settled otherwise than by proceedings in that
   45  court.
   46         (g)(f) In the case of jurisdiction based only on personal
   47  service, the foreign court was a seriously inconvenient forum
   48  for the trial of the action.
   49         (h)(g) The foreign jurisdiction where judgment was rendered
   50  would not give recognition to a similar judgment rendered in
   51  this state.
   52         Section 2. Section 55.6054, Florida Statutes, is created to
   53  read:
   54         55.6054 Nonrecognition of repugnant foreign judgments based
   55  on defamation.—
   56         (1) A resident of this state may bring an action in the
   57  circuit court to declare a foreign judgment unenforceable if:
   58         (a) The foreign judgment resulted from a cause of action
   59  for defamation or similar cause of action; and
   60         (b) The writing, utterance, or speech forming the basis of
   61  the cause of action for defamation or similar cause of action
   62  was first made in the United States.
   63         (2) The circuit court shall declare the foreign judgment
   64  unenforceable if the writing, utterance, or speech forming the
   65  basis of the action for defamation or similar cause of action is
   66  protected speech under the State Constitution or the
   67  Constitution of the United States.
   68         Section 3. This act shall take effect July 1, 2009.