Bill Text: FL S0186 | 2013 | Regular Session | Enrolled
Bill Title: Jurisdiction of the Courts
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-17 - Chapter No. 2013-164 [S0186 Detail]
Download: Florida-2013-S0186-Enrolled.html
ENROLLED 2013 Legislature CS for SB 186, 1st Engrossed 2013186er 1 2 An act relating to the jurisdiction of the courts; 3 amending s. 48.193, F.S.; providing that a person 4 submits to the jurisdiction of the courts of this 5 state by entering into a contract that specifies that 6 the law of this state governs the contract and that 7 the person agrees to submit to the jurisdiction of the 8 courts of this state; providing that penalties or 9 fines imposed by agencies of other states are not 10 enforceable in certain circumstances; amending s. 11 55.502, F.S.; revising the definition of the term 12 “foreign judgment” for purposes of the Florida 13 Enforcement of Foreign Judgments Act; amending s. 14 684.0002, F.S.; clarifying the circumstances under 15 which an arbitration is international; amending s. 16 684.0003, F.S.; correcting a cross-reference; amending 17 s. 684.0019, F.S.; limiting the application of certain 18 provisions to instances in which an arbitral tribunal 19 orders a party to preserve evidence that may be 20 relevant and material to the resolution of a dispute; 21 amending s. 684.0026, F.S.; correcting a cross 22 reference in the Florida International Commercial 23 Arbitration Act; creating s. 684.0049, F.S.; providing 24 that the initiation of arbitration in this state, or 25 the making of a written agreement to arbitrate which 26 provides for arbitration in this state, constitutes a 27 consent to exercise in personam jurisdiction by the 28 courts of this state; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Subsection (1) of section 48.193, Florida 33 Statutes, is amended to read: 34 48.193 Acts subjecting person to jurisdiction of courts of 35 state.— 36 (1)(a) AAnyperson, whether or not a citizen or resident 37 of this state, who personally or through an agent does any of 38 the acts enumerated in this subsection thereby submits himself 39 or herself and, if he or she is a natural person, his or her 40 personal representative to the jurisdiction of the courts of 41 this state for any cause of action arising fromthe doing ofany 42 of the following acts: 43 1.(a)Operating, conducting, engaging in, or carrying on a 44 business or business venture in this state or having an office 45 or agency in this state. 46 2.(b)Committing a tortious act within this state. 47 3.(c)Owning, using, possessing, or holding a mortgage or 48 other lien on any real property within this state. 49 4.(d)Contracting to insure aanyperson, property, or risk 50 located within this state at the time of contracting. 51 5.(e)With respect to a proceeding for alimony, child 52 support, or division of property in connection with an action to 53 dissolve a marriage or with respect to an independent action for 54 support of dependents, maintaining a matrimonial domicile in 55 this state at the time of the commencement of this action or, if 56 the defendant resided in this state preceding the commencement 57 of the action, whether cohabiting during that time or not. This 58 paragraph does not change the residency requirement for filing 59 an action for dissolution of marriage. 60 6.(f)Causing injury to persons or property within this 61 state arising out of an act or omission by the defendant outside 62 this state, if, at or about the time of the injury, either: 63 a.1.The defendant was engaged in solicitation or service 64 activities within this state; or 65 b.2.Products, materials, or things processed, serviced, or 66 manufactured by the defendant anywhere were used or consumed 67 within this state in the ordinary course of commerce, trade, or 68 use. 69 7.(g)Breaching a contract in this state by failing to 70 perform acts required by the contract to be performed in this 71 state. 72 8.(h)With respect to a proceeding for paternity, engaging 73 in the act of sexual intercourse within this state with respect 74 to which a child may have been conceived. 75 9. Entering into a contract that complies with s. 685.102. 76 (b) Notwithstanding any provision of this subsection, a 77 penalty or fine imposed by an agency of any other state shall 78 not be enforceable against any person or entity incorporated or 79 having its principal place of business in this state where such 80 other state does not provide a mandatory right of review of such 81 agency decision in a state court of competent jurisdiction. 82 Section 2. Subsection (1) of section 55.502, Florida 83 Statutes, is amended to read: 84 55.502 Construction of act.— 85 (1) As used in ss. 55.501-55.509, the term “foreign 86 judgment” means aanyjudgment, decree, or order of a court of 87 any other state, territory or commonwealth of the United States, 88 or of the United States if such judgment, decree, or order is 89 entitled to full faith and credit in this state. 90 Section 3. Subsection (3) of section 684.0002, Florida 91 Statutes, is amended to read: 92 684.0002 Scope of application.— 93 (3) An arbitration is international if: 94 (a) The parties to an arbitration agreement have, at the 95 time of the conclusion of that agreement, their places of 96 business in different countries; or 97 (b) One of the following places is situated outside the 98 country in which the parties have their places of business: 99 1. The place of arbitration if determined in, or pursuant 100 to, the arbitration agreement; or 101 2. Any place where a substantial part of the obligations of 102 the commercial relationship are to be performed or the place 103 with which the subject matter of the dispute is most closely 104 connected; or 105 (c) The parties have expressly agreed that the subject 106 matter of the arbitration agreement relates to more than one 107 country. 108 Section 4. Subsection (2) of section 684.0003, Florida 109 Statutes, is amended to read: 110 684.0003 Definitions and rules of interpretation.— 111 (2) A provision of this chapter, except s. 684.0039s.112684.0038, which leaves the parties free to determine a certain 113 issue, includes the right of the parties to authorize a third 114 party, including an institution, to make that determination. 115 Section 5. Section 684.0019, Florida Statutes, is amended 116 to read: 117 684.0019 Conditions for granting interim measures.— 118 (1) The party requesting an interim measure under s. 119 684.0018 shallmustsatisfy the arbitral tribunal that: 120 (a) Harm not adequately reparable by an award of damages is 121 likely to result if the measure is not ordered, and such harm 122 substantially outweighs the harm that is likely to result to the 123 party against whom the measure is directed if the measure is 124 granted; and 125 (b) A reasonable possibility exists that the requesting 126 party will succeed on the merits of the claim. The determination 127 on this possibility does not affect the discretion of the 128 arbitral tribunal in making any subsequent determination. 129 (2) With regard to a request for an interim measure under 130 s. 684.0018(4)s.684.0018, the requirements in subsection (1) 131 apply only to the extent the arbitral tribunal considers 132 appropriate. 133 Section 6. Section 684.0026, Florida Statutes, is amended 134 to read: 135 684.0026 Recognition and enforcement.— 136 (1) An interim measure issued by an arbitral tribunal must 137shallbe recognized as binding and, unless otherwise provided by 138 the arbitral tribunal, enforced upon application to the 139 competent court, irrespective of the country in which it was 140 issued, subject to s. 684.0027s.684.0019(1). 141 (2) The party who is seeking or has obtained recognition or 142 enforcement of an interim measure shall promptly inform the 143 court of the termination, suspension, or modification of the 144 interim measure. 145 (3) The court where recognition or enforcement is sought 146 may, if it considers it proper, order the requesting party to 147 provide appropriate security if the arbitral tribunal has not 148 already made a determination with respect to security or if such 149 a decision is necessary to protect the rights of third parties. 150 Section 7. Section 684.0049, Florida Statutes, is created 151 to read: 152 684.0049 Consent to jurisdiction.—The initiation of 153 arbitration in this state, or the making of a written contract, 154 agreement, or undertaking to arbitrate which provides for 155 arbitration in this state, constitutes a consent to exercise in 156 personam jurisdiction by the courts of this state in any action 157 arising out of or in connection with the arbitration and any 158 resulting order or award. 159 Section 8. This act shall take effect July 1, 2013.