Bill Text: FL H1337 | 2011 | Regular Session | Introduced

---

Bill Title: Jurisdiction of the Courts

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1337 Detail]

Download: Florida-2011-H1337-Introduced.html

---

HB 1337

1	A bill to be entitled
2	An act relating to the jurisdiction of the courts;
3	amending s. 48.081, F.S.; authorizing a person to serve
4	process on the Secretary of State if other representatives
5	of a corporation cannot be served; amending s. 48.151,
6	F.S.; requiring that process served on the Secretary of
7	State on behalf of a defendant corporation be accompanied
8	by a fee, an affidavit detailing other attempts to serve
9	the corporation and known addresses of representatives of
10	the corporation, and multiple copies of the process;
11	requiring that the Secretary of State mail a copy of the
12	process to representatives of the defendant corporation;
13	requiring that the Secretary of State provide a notice of
14	service to the plaintiff or plaintiff's attorney;
15	requiring the Secretary of State to explain the reasons
16	for rejecting the service of process; amending s. 48.193,
17	F.S.; including as an additional basis for subjecting a
18	person to the jurisdiction of the courts of this state the
19	basis for jurisdiction provisions which state that a
20	person submits to the jurisdiction of the courts of this
21	state by entering into a contract that designates the law
22	of this state as the law governing the contract and that
23	contains a provision by which such person agrees to submit
24	to the jurisdiction of the courts of this state; amending
25	s. 55.502, F.S.; revising the definition of the term
26	"foreign judgment" for purposes of the Florida Enforcement
27	of Foreign Judgments Act; amending s. 684.0019, F.S.;
28	clarifying that an arbitral tribunal receiving a request
29	for an interim measure to preserve evidence in a dispute
30	governed by the Florida International Commercial
31	Arbitration Act need only consider to the extent
32	appropriate the potential harm that may occur if the
33	measure is not awarded or the possibility that the
34	requesting party will succeed on the merits of the claim;
35	amending s. 684.0026, F.S.; correcting a cross-reference
36	in the Florida International Commercial Arbitration Act;
37	amending s. 685.101, F.S.; deleting a restriction on the
38	jurisdiction of the courts of this state to transactions
39	bearing a substantial relation to this state; revising
40	application dates of provisions relating to the
41	jurisdiction of the courts; amending s. 685.102, F.S.;
42	revising application dates of provisions relating to the
43	jurisdiction of the courts; providing an effective date.
44
45	Be It Enacted by the Legislature of the State of Florida:
46
47	Section 1.  Section 48.081, Florida Statutes, is amended to
48	read:
49	48.081  Service on corporation.-
50	(1)  Process against any private corporation, domestic or
51	foreign, may be served:
52	(a)  On the president or vice president, or other head of
53	the corporation;
54	(b)  In the absence of any person described in paragraph
55	(a), on the cashier, treasurer, secretary, or general manager;
56	(c)  In the absence of any person described in paragraph
57	(a) or paragraph (b), on any director; or
58	(d)  In the absence of any person described in paragraph
59	(a), paragraph (b), or paragraph (c), on any officer or business
60	agent residing in the state; or
61	(e)  In the absence of any person described in paragraph
62	(a), paragraph (b), paragraph (c), or paragraph (d), in the case
63	of a domestic corporation or a registered foreign corporation,
64	on the Secretary of State pursuant to s. 48.151.
65	(2)  If a foreign corporation has none of the foregoing
66	officers or agents in this state, service may be made on any
67	agent transacting business for it in this state.
68	(3)(a)  As an alternative to all of the foregoing, process
69	may be served on the agent designated by the corporation under
70	s. 48.091. However, if service cannot be made on a registered
71	agent because of failure to comply with s. 48.091, service of
72	process shall be permitted on any employee at the corporation's
73	principal place of business or on any employee of the registered
74	agent.
75	(b)  If the address provided for the registered agent,
76	officer, director, or principal place of business is a residence
77	or private mailbox, service on the corporation may be made by
78	serving the registered agent, officer, or director in accordance
79	with s. 48.031.
80	(4)  This section does not apply to service of process on
81	insurance companies.
82	(5)  When a corporation engages in substantial and not
83	isolated activities within this state, or has a business office
84	within the state and is actually engaged in the transaction of
85	business therefrom, service upon any officer or business agent
86	while on corporate business within this state may personally be
87	made, pursuant to this section, and it is not necessary in such
88	case that the action, suit, or proceeding against the
89	corporation shall have arisen out of any transaction or
90	operation connected with or incidental to the business being
91	transacted within the state.
92	Section 2.  Section 48.151, Florida Statutes, is amended to
93	read:
94	48.151  Service on statutory agents for certain persons.-
95	(1)  When any law designates a public officer, board,
96	agency, or commission as the agent for service of process on any
97	person, firm, or corporation, service of process thereunder
98	shall be made by leaving two copies of the process with the
99	public officer, board, agency, or commission or in the office
100	thereof, or by mailing said copies to the public officer, board,
101	agency, or commission. The public officer, board, agency, or
102	commission so served shall file one copy in his or her or its
103	records and promptly send the other copy, by registered or
104	certified mail, to the person to be served as shown by his or
105	her or its records. Proof of service on the public officer,
106	board, agency, or commission shall be by a notice accepting the
107	process which shall be issued by the public officer, board,
108	agency, or commission promptly after service and filed in the
109	court issuing the process. The notice accepting service shall
110	state the date upon which the copy of the process was mailed by
111	the public officer, board, agency, or commission to the person
112	being served and the time for pleading prescribed by the rules
113	of procedure shall run from this date. The service is valid
114	service for all purposes on the person for whom the public
115	officer, board, agency, or commission is statutory agent for
116	service of process.
117	(2)  This section does not apply to substituted service of
118	process on nonresidents.
119	(3)  The Chief Financial Officer or his or her assistant or
120	deputy or another person in charge of the office is the agent
121	for service of process on all insurers applying for authority to
122	transact insurance in this state, all licensed nonresident
123	insurance agents, all nonresident disability insurance agents
124	licensed pursuant to s. 626.835, any unauthorized insurer under
125	s. 626.906 or s. 626.937, domestic reciprocal insurers,
126	fraternal benefit societies under chapter 632, warranty
127	associations under chapter 634, prepaid limited health service
128	organizations under chapter 636, and persons required to file
129	statements under s. 628.461.
130	(4)  The Director of the Office of Financial Regulation of
131	the Financial Services Commission is the agent for service of
132	process for any issuer as defined in s. 517.021, or any dealer,
133	investment adviser, or associated person registered with that
134	office, for any violation of any provision of chapter 517.
135	(5)  The Secretary of State is the agent for service of
136	process for any retailer, dealer or vendor who has failed to
137	designate an agent for service of process as required under s.
138	212.151 for violations of chapter 212.
139	(6)(a)  In addition to the requirements of subsection (1),
140	service on the Secretary of State pursuant to s. 48.081(1)(e)
141	must:
142	1.  Be accompanied by fee of $10.
143	2.  Include a sworn affidavit of the plaintiff or
144	plaintiff's attorney setting forth the identity of the plaintiff
145	and defendant to whom the process relates.
146	a.  The affidavit must show that a diligent search and
147	inquiry have been made to discover the whereabouts of the
148	persons upon whom service of process would bind the defendant
149	corporation; identify any process servers, private
150	investigators, or computerized search methods used; and explain
151	the reasons for concluding that all of the persons are absent
152	from or cannot be found within the state.
153	b.  The plaintiff or plaintiff's attorney shall also state
154	in the affidavit the registered agent's address, the address of
155	the principal place of business and, if different, the last
156	known address of which the plaintiff or plaintiff's attorney is
157	aware. Instead of the two copies required by subsection (1), the
158	plaintiff or plaintiff's attorney shall provide two copies of
159	process for each address listed in the affidavit for the
160	defendant being served, plus an additional copy for filing.
161	(b)1.  The Secretary of State shall review the process and
162	affidavit upon service. If the secretary determines that the
163	requirements of this subsection are met by the process and
164	affidavit submitted, the secretary shall mail a copy of the
165	process to:
166	a.  The defendant corporation as provided in subsection
167	(1).
168	b.  The registered address of the defendant corporation by
169	regular mail.
170	c.  The defendant corporation at additional addresses
171	listed on the accompanying affidavit by regular mail and
172	registered or certified mail.
173	2.  The secretary shall send a notice of service to the
174	plaintiff or plaintiff's attorney for filing with the court from
175	which the process originated.
176	3.  If the secretary determines that the requirements of
177	this subsection have not been met, the secretary shall return
178	the entire submission to the plaintiff or plaintiff's attorney
179	with an explanation of the reasons for return.
180	Section 3.  Subsection (1) of section 48.193, Florida
181	Statutes, is amended to read:
182	48.193  Acts subjecting person to jurisdiction of courts of
183	state.-
184	(1)  Any person, whether or not a citizen or resident of
185	this state, who personally or through an agent does any of the
186	acts enumerated in this subsection thereby submits himself or
187	herself and, if he or she is a natural person, his or her
188	personal representative to the jurisdiction of the courts of
189	this state for any cause of action arising from the doing of any
190	of the following acts:
191	(a)  Operating, conducting, engaging in, or carrying on a
192	business or business venture in this state or having an office
193	or agency in this state.
194	(b)  Committing a tortious act within this state.
195	(c)  Owning, using, possessing, or holding a mortgage or
196	other lien on any real property within this state.
197	(d)  Contracting to insure any person, property, or risk
198	located within this state at the time of contracting.
199	(e)  With respect to a proceeding for alimony, child
200	support, or division of property in connection with an action to
201	dissolve a marriage or with respect to an independent action for
202	support of dependents, maintaining a matrimonial domicile in
203	this state at the time of the commencement of this action or, if
204	the defendant resided in this state preceding the commencement
205	of the action, whether cohabiting during that time or not. This
206	paragraph does not change the residency requirement for filing
207	an action for dissolution of marriage.
208	(f)  Causing injury to persons or property within this
209	state arising out of an act or omission by the defendant outside
210	this state, if, at or about the time of the injury, either:
211	1.  The defendant was engaged in solicitation or service
212	activities within this state; or
213	2.  Products, materials, or things processed, serviced, or
214	manufactured by the defendant anywhere were used or consumed
215	within this state in the ordinary course of commerce, trade, or
216	use.
217	(g)  Breaching a contract in this state by failing to
218	perform acts required by the contract to be performed in this
219	state.
220	(h)  With respect to a proceeding for paternity, engaging
221	in the act of sexual intercourse within this state with respect
222	to which a child may have been conceived.
223	(i)  Entering into a contract that complies with s.
224	685.102.
225	Section 4.  Subsection (1) of section 55.502, Florida
226	Statutes, is amended to read:
227	55.502  Construction of act.-
228	(1)  As used in ss. 55.501-55.509, the term "foreign
229	judgment" means any judgment, decree, or order of a court which
230	of any other state or of the United States if such judgment,
231	decree, or order is entitled to full faith and credit in this
232	state.
233	Section 5.  Section 684.0019, Florida Statutes, is amended
234	to read:
235	684.0019  Conditions for granting interim measures.-
236	(1)  The party requesting an interim measure under s.
237	684.0018 must satisfy the arbitral tribunal that:
238	(a)  Harm not adequately reparable by an award of damages
239	is likely to result if the measure is not ordered, and such harm
240	substantially outweighs the harm that is likely to result to the
241	party against whom the measure is directed if the measure is
242	granted; and
243	(b)  A reasonable possibility exists that the requesting
244	party will succeed on the merits of the claim. The determination
245	on this possibility does not affect the discretion of the
246	arbitral tribunal in making any subsequent determination.
247	(2)  With regard to a request for an interim measure under
248	s. 684.0018(4) s. 684.0018, the requirements in subsection (1)
249	apply only to the extent the arbitral tribunal considers
250	appropriate.
251	Section 6.  Section 684.0026, Florida Statutes, is amended
252	to read:
253	684.0026  Recognition and enforcement.-
254	(1)  An interim measure issued by an arbitral tribunal
255	shall be recognized as binding and, unless otherwise provided by
256	the arbitral tribunal, enforced upon application to the
257	competent court, irrespective of the country in which it was
258	issued, subject to s. 684.0027 s. 684.0019(1).
259	(2)  The party who is seeking or has obtained recognition
260	or enforcement of an interim measure shall promptly inform the
261	court of the termination, suspension, or modification of the
262	interim measure.
263	(3)  The court where recognition or enforcement is sought
264	may, if it considers it proper, order the requesting party to
265	provide appropriate security if the arbitral tribunal has not
266	already made a determination with respect to security or if such
267	a decision is necessary to protect the rights of third parties.
268	Section 7.  Section 685.101, Florida Statutes, is amended
269	to read:
270	685.101  Choice of law.-
271	(1)  The parties to any contract, agreement, or
272	undertaking, contingent or otherwise, in consideration of or
273	relating to any obligation arising out of a transaction
274	involving in the aggregate at least not less than $250,000, the
275	equivalent thereof in any foreign currency, or services or
276	tangible or intangible property, or both, of equivalent value,
277	including a transaction otherwise covered by s. 671.105(1), may,
278	to the extent permitted under the United States Constitution,
279	agree that the law of this state will govern such contract,
280	agreement, or undertaking, the effect thereof and their rights
281	and duties thereunder, in whole or in part, whether or not such
282	contract, agreement, or undertaking bears any relation to this
283	state.
284	(2)  This section does not apply to any contract,
285	agreement, or undertaking:
286	(a)  Regarding any transaction which does not bear a
287	substantial or reasonable relation to this state in which every
288	party is either or a combination of:
289	1.  A resident and citizen of the United States, but not of
290	this state; or
291	2.  Incorporated or organized under the laws of another
292	state and does not maintain a place of business in this state;
293	(a)(b)  For labor or employment;
294	(b)(c)  Relating to any transaction for personal, family,
295	or household purposes, unless such contract, agreement, or
296	undertaking concerns a trust at least one trustee of which
297	resides or transacts business as a trustee in this state, in
298	which case this section applies;
299	(c)(d)  To the extent provided to the contrary in s.
300	671.105(2); or
301	(d)(e)  To the extent such contract, agreement, or
302	undertaking is otherwise covered or affected by s. 655.55.
303	(3)  This section does not limit or deny the enforcement of
304	any provision respecting choice of law in any other contract,
305	agreement, or undertaking.
306	(4)  This section applies to:
307	(a)  contracts entered into on or after July 1, 20ll June
308	27, 1989; and
309	(b)  Contracts entered into prior to June 27, 1989, if an
310	action or proceeding relating to such contract is commenced on
311	or after June 27, 1989.
312	Section 8.  Section 685.102, Florida Statutes, is amended
313	to read:
314	685.102  Jurisdiction.-
315	(1)  Notwithstanding any law that limits the right of a
316	person to maintain an action or proceeding, any person may, to
317	the extent permitted under the United States Constitution,
318	maintain in this state an action or proceeding against any
319	person or other entity residing or located outside this state,
320	if the action or proceeding arises out of or relates to any
321	contract, agreement, or undertaking for which a choice of the
322	law of this state, in whole or in part, has been made consistent
323	with pursuant to s. 685.101 and which contains a provision by
324	which such person or other entity residing or located outside
325	this state agrees to submit to the jurisdiction of the courts of
326	this state.
327	(2)  This section does not affect the jurisdiction of the
328	courts of this state over any action or proceeding arising out
329	of or relating to any other contract, agreement, or undertaking.
330	(3)  This section applies to:
331	(a)  contracts entered into on or after July 1, 2011 June
332	27, 1989; and
333	(b)  Contracts entered into prior to June 27, 1989, if an
334	action or proceeding relating to such contract is commenced on
335	or after June 27, 1989.
336	Section 9.  This act shall take effect July 1, 2011.

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