Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. SB 386, 1st Eng.
       
       
       
       
       
       
                                Ì502398IÎ502398                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/3R         .                                
             04/28/2014 10:28 AM       .                                
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       Senator Simmons moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 20 - 59
    4  and insert:
    5         Section 1. Section 61.040, Florida Statutes, is created to
    6  read:
    7         61.040 Application of the law of a foreign country in
    8  courts relating to matters arising out of or relating to
    9  chapters 61 and 88.—
   10         (1) As used in this section, the term “strong public
   11  policy” means public policy of sufficient importance to outweigh
   12  the policy of protecting freedom of contract.
   13         (2) A court may not enforce:
   14         (a) A choice of law provision in a contract selecting the
   15  law of a foreign country which contravenes the strong public
   16  policy of this state or that is unjust or unreasonable.
   17         (b) A forum selection clause in a contract that selects a
   18  forum in a foreign country if the clause is shown to be
   19  unreasonable or unjust or if strong public policy would prohibit
   20  the enforceability of the clause under the specific facts of the
   21  case.
   22         (3) Before enforcing a judgment or order of a court of a
   23  foreign country, a court must review the judgment or order to
   24  ensure that it complies with the rule of comity. A judgment or
   25  order of a court of a foreign country is not entitled to comity
   26  if the parties were not given adequate notice and the
   27  opportunity to be heard, the foreign court did not have
   28  jurisdiction, or the judgment or order of the foreign court
   29  offends the public policy of this state. As used in this
   30  subsection, a “foreign court” or “court of a foreign country”
   31  includes any court or tribunal that has jurisdiction under the
   32  laws of that nation over the subject of matters governed by
   33  chapter 61 or chapter 88.
   34         (4) Any attempt to apply the law of a foreign country is
   35  void if it contravenes the strong public policy of this state or
   36  if the law is unjust or unreasonable.
   37         (5) A trial court may not dismiss an action on the grounds
   38  that a satisfactory remedy may be more conveniently sought in a
   39  foreign country unless the trial court finds in accordance with
   40  all the applicable rules of civil procedure and this section
   41  that an adequate alternate forum exists.
   42         (6) This section applies only to matters governed by or
   43  relating to chapter 61 or chapter 88.
   44  
   45  The purpose of this section is to codify existing case law, and
   46  that intent should guide the interpretation of this section.
   47  
   48  ================= T I T L E  A M E N D M E N T ================
   49  And the title is amended as follows:
   50         Delete lines 10 - 16
   51  and insert:
   52         entitled to comity; providing that the attempt to
   53         apply the law of a foreign country is void under
   54         certain circumstances; prohibiting a trial court from
   55         dismissing an action on the grounds that a
   56         satisfactory remedy may be more conveniently sought in
   57         a foreign country; providing an exception; providing
   58         applicability; providing an effective date.
   59  
   60         WHEREAS, the purpose of the courts of this state is to
   61  fairly and justly adjudicate disputes, and
   62         WHEREAS, the common law and other court interpreted law of
   63  this state protects litigants from the application of unfair and
   64  unjust laws of foreign countries, and
   65         WHEREAS, with respect to the enforceability of choice of
   66  law provisions, this act codifies the holdings of Mintz & Fraade
   67  P.C., v. Beta Drywall Aquisition, LLC, 59 So.3d 1173, 1176 (Fla.
   68  4th DCA 2011); Walls v. Quick & Reilly, Inc., 824 So.2d 1016,
   69  1018 (Fla. 5th DCA); and
   70         WHEREAS, with respect to the enforceability of forum
   71  selection clauses, this act codifies the holdings of Manrique v.
   72  Fabbri, 493 So.2d 437, 440 (Fla. 1986) and Illinois Union
   73  Insurance Co. v. Co-Free, Inc., 128 So.3d 820 (Fla 1st DCA
   74  2013); and
   75         WHEREAS, with respect to the enforceability of a judgment
   76  or order of a court of a foreign country, this act codifies the
   77  holding of Nahar v. Nahar, 656 So.2d 225, 229 (Fla. 3d DCA
   78  1995); and
   79         WHEREAS, with respect to the application of the law of a
   80  foreign state, this act codifies McNamara v. McNamara, 40 So.3d
   81  78, 80 (Fla. 5th DCA 2010); and
   82         WHEREAS, with respect to the dismissal of a case on the
   83  grounds that a satisfactory remedy may be more conveniently
   84  sought in a foreign country, this Act codifies the result of
   85  Rule 1.061(a)(1), Florida Rules of Civil Procedure, NOW,
   86  THEREFORE,