Florida Senate - 2012                                     SB 486
       
       
       
       By Senator Diaz de la Portilla
       
       
       
       
       36-00020A-12                                           2012486__
    1                        A bill to be entitled                      
    2         An act relating to the jurisdiction of the courts;
    3         amending s. 48.193, F.S.; including as an additional
    4         basis for subjecting a person to the jurisdiction of
    5         the courts of this state provisions which state that a
    6         person submits to the jurisdiction of the courts of
    7         this state by entering into a contract that designates
    8         the law of this state as the law governing the
    9         contract and that contains a provision by which such
   10         person agrees to submit to the jurisdiction of the
   11         courts of this state; amending s. 55.502, F.S.;
   12         revising the definition of the term “foreign judgment”
   13         for purposes of the Florida Enforcement of Foreign
   14         Judgments Act; amending s. 684.0019, F.S.; clarifying
   15         that an arbitral tribunal receiving a request for an
   16         interim measure to preserve evidence in a dispute
   17         governed by the Florida International Commercial
   18         Arbitration Act need consider only to the extent
   19         appropriate the potential harm that may occur if the
   20         measure is not awarded or the possibility that the
   21         requesting party will succeed on the merits of the
   22         claim; amending s. 684.0026, F.S.; correcting a cross
   23         reference in the Florida International Commercial
   24         Arbitration Act; amending s. 685.101, F.S.; deleting a
   25         restriction on the jurisdiction of the courts of this
   26         state to transactions bearing a substantial relation
   27         to this state; revising application dates of
   28         provisions relating to the jurisdiction of the courts;
   29         amending s. 685.102, F.S.; revising application dates
   30         of provisions relating to the jurisdiction of the
   31         courts; providing an effective date.
   32  
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Subsection (1) of section 48.193, Florida
   36  Statutes, is amended to read:
   37         48.193 Acts subjecting person to jurisdiction of courts of
   38  state.—
   39         (1) Any person, whether or not a citizen or resident of
   40  this state, who personally or through an agent does any of the
   41  acts enumerated in this subsection thereby submits himself or
   42  herself and, if he or she is a natural person, his or her
   43  personal representative to the jurisdiction of the courts of
   44  this state for any cause of action arising from the doing of any
   45  of the following acts:
   46         (a) Operating, conducting, engaging in, or carrying on a
   47  business or business venture in this state or having an office
   48  or agency in this state.
   49         (b) Committing a tortious act within this state.
   50         (c) Owning, using, possessing, or holding a mortgage or
   51  other lien on any real property within this state.
   52         (d) Contracting to insure any person, property, or risk
   53  located within this state at the time of contracting.
   54         (e) With respect to a proceeding for alimony, child
   55  support, or division of property in connection with an action to
   56  dissolve a marriage or with respect to an independent action for
   57  support of dependents, maintaining a matrimonial domicile in
   58  this state at the time of the commencement of this action or, if
   59  the defendant resided in this state preceding the commencement
   60  of the action, whether cohabiting during that time or not. This
   61  paragraph does not change the residency requirement for filing
   62  an action for dissolution of marriage.
   63         (f) Causing injury to persons or property within this state
   64  arising out of an act or omission by the defendant outside this
   65  state, if, at or about the time of the injury, either:
   66         1. The defendant was engaged in solicitation or service
   67  activities within this state; or
   68         2. Products, materials, or things processed, serviced, or
   69  manufactured by the defendant anywhere were used or consumed
   70  within this state in the ordinary course of commerce, trade, or
   71  use.
   72         (g) Breaching a contract in this state by failing to
   73  perform acts required by the contract to be performed in this
   74  state.
   75         (h) With respect to a proceeding for paternity, engaging in
   76  the act of sexual intercourse within this state with respect to
   77  which a child may have been conceived.
   78         (i) Entering into a contract that complies with s. 685.102.
   79         Section 2. Subsection (1) of section 55.502, Florida
   80  Statutes, is amended to read:
   81         55.502 Construction of act.—
   82         (1) As used in ss. 55.501-55.509, the term “foreign
   83  judgment” means any judgment, decree, or order of a court which
   84  of any other state or of the United States if such judgment,
   85  decree, or order is entitled to full faith and credit in this
   86  state.
   87         Section 3. Section 684.0019, Florida Statutes, is amended
   88  to read:
   89         684.0019 Conditions for granting interim measures.—
   90         (1) The party requesting an interim measure under s.
   91  684.0018 must satisfy the arbitral tribunal that:
   92         (a) Harm not adequately reparable by an award of damages is
   93  likely to result if the measure is not ordered, and such harm
   94  substantially outweighs the harm that is likely to result to the
   95  party against whom the measure is directed if the measure is
   96  granted; and
   97         (b) A reasonable possibility exists that the requesting
   98  party will succeed on the merits of the claim. The determination
   99  on this possibility does not affect the discretion of the
  100  arbitral tribunal in making any subsequent determination.
  101         (2) With regard to a request for an interim measure under
  102  s. 684.0018(4) s. 684.0018, the requirements in subsection (1)
  103  apply only to the extent the arbitral tribunal considers
  104  appropriate.
  105         Section 4. Section 684.0026, Florida Statutes, is amended
  106  to read:
  107         684.0026 Recognition and enforcement.—
  108         (1) An interim measure issued by an arbitral tribunal shall
  109  be recognized as binding and, unless otherwise provided by the
  110  arbitral tribunal, enforced upon application to the competent
  111  court, irrespective of the country in which it was issued,
  112  subject to s. 684.0027 s. 684.0019(1).
  113         (2) The party who is seeking or has obtained recognition or
  114  enforcement of an interim measure shall promptly inform the
  115  court of the termination, suspension, or modification of the
  116  interim measure.
  117         (3) The court where recognition or enforcement is sought
  118  may, if it considers it proper, order the requesting party to
  119  provide appropriate security if the arbitral tribunal has not
  120  already made a determination with respect to security or if such
  121  a decision is necessary to protect the rights of third parties.
  122         Section 5. Section 685.101, Florida Statutes, is amended to
  123  read:
  124         685.101 Choice of law.—
  125         (1) The parties to any contract, agreement, or undertaking,
  126  contingent or otherwise, in consideration of or relating to any
  127  obligation arising out of a transaction involving in the
  128  aggregate at least not less than $250,000, the equivalent
  129  thereof in any foreign currency, or services or tangible or
  130  intangible property, or both, of equivalent value, including a
  131  transaction otherwise covered by s. 671.105(1), may, to the
  132  extent permitted under the United States Constitution, agree
  133  that the law of this state will govern such contract, agreement,
  134  or undertaking, the effect thereof and their rights and duties
  135  thereunder, in whole or in part, whether or not such contract,
  136  agreement, or undertaking bears any relation to this state.
  137         (2) This section does not apply to any contract, agreement,
  138  or undertaking:
  139         (a) Regarding any transaction which does not bear a
  140  substantial or reasonable relation to this state in which every
  141  party is either or a combination of:
  142         1. A resident and citizen of the United States, but not of
  143  this state; or
  144         2. Incorporated or organized under the laws of another
  145  state and does not maintain a place of business in this state;
  146         (a)(b) For labor or employment;
  147         (b)(c) Relating to any transaction for personal, family, or
  148  household purposes, unless such contract, agreement, or
  149  undertaking concerns a trust at least one trustee of which
  150  resides or transacts business as a trustee in this state, in
  151  which case this section applies;
  152         (c)(d) To the extent provided to the contrary in s.
  153  671.105(2); or
  154         (d)(e) To the extent such contract, agreement, or
  155  undertaking is otherwise covered or affected by s. 655.55.
  156         (3) This section does not limit or deny the enforcement of
  157  any provision respecting choice of law in any other contract,
  158  agreement, or undertaking.
  159         (4) This section applies to:
  160         (a) contracts entered into on or after July 1, 2012 June
  161  27, 1989; and
  162         (b) Contracts entered into prior to June 27, 1989, if an
  163  action or proceeding relating to such contract is commenced on
  164  or after June 27, 1989.
  165         Section 6. Section 685.102, Florida Statutes, is amended to
  166  read:
  167         685.102 Jurisdiction.—
  168         (1) Notwithstanding any law that limits the right of a
  169  person to maintain an action or proceeding, any person may, to
  170  the extent permitted under the United States Constitution,
  171  maintain in this state an action or proceeding against any
  172  person or other entity residing or located outside this state,
  173  if the action or proceeding arises out of or relates to any
  174  contract, agreement, or undertaking for which a choice of the
  175  law of this state, in whole or in part, has been made consistent
  176  with pursuant to s. 685.101 and which contains a provision by
  177  which such person or other entity residing or located outside
  178  this state agrees to submit to the jurisdiction of the courts of
  179  this state.
  180         (2) This section does not affect the jurisdiction of the
  181  courts of this state over any action or proceeding arising out
  182  of or relating to any other contract, agreement, or undertaking.
  183         (3) This section applies to:
  184         (a) contracts entered into on or after July 1, 2012 June
  185  27, 1989; and
  186         (b) Contracts entered into prior to June 27, 1989, if an
  187  action or proceeding relating to such contract is commenced on
  188  or after June 27, 1989.
  189         Section 7. This act shall take effect July 1, 2012.