Florida Senate - 2010 CS for SB 1962 By the Committee on Commerce; and Senator Baker 577-04360A-10 20101962c1 1 A bill to be entitled 2 An act relating to application of foreign law; 3 creating s. 45.022, F.S.; defining the term “foreign 4 law, legal code, or system”; specifying the public 5 policy of this state in granting comity to a decision 6 rendered under any foreign law, legal code, or system; 7 specifying the public policy of this state in applying 8 the choice of a foreign law, legal code, or system 9 under certain circumstances; providing for the 10 construction of a waiver by a natural person of the 11 person’s constitutional rights; specifying the public 12 policy of this state for interpreting a contract, 13 arbitration agreement, or other agreement providing a 14 choice of venue or forum outside any state or 15 territory of the United States; specifying the public 16 policy of this state to deny certain claims of forum 17 non conveniens or a related claim if granting the 18 claim would lead to the violation of a natural 19 person’s constitutional rights; providing that the act 20 does not apply to a corporation, partnership, or other 21 form of business association; clarifying that the 22 public policies expressed in the act apply to 23 violations of a natural person’s constitutional 24 rights; providing for severability; providing an 25 effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Section 45.022, Florida Statutes, is created to 30 read: 31 45.022 Provisions contrary to public policy.— 32 (1) As used in this section, the term “foreign law, legal 33 code, or system” means any law, legal code, or system of a 34 jurisdiction outside any state or territory of the United 35 States, including, but not limited to, international 36 organizations or tribunals, and applied by that jurisdiction’s 37 courts, administrative bodies, or other formal or informal 38 tribunals. 39 (2) It is the public policy of this state that the primary 40 factor that a court, administrative agency, arbitrator, 41 mediator, or other entity or person acting under the authority 42 of state law must consider in granting comity to a decision 43 rendered under any foreign law, legal code, or system against a 44 natural person in this state is whether the decision rendered 45 violates or would violate any right of the natural person 46 guaranteed by the State Constitution or the Constitution of the 47 United States or any statute or decisions under those 48 constitutions. 49 (3)(a) If any contract, arbitration agreement, or other 50 agreement provides for the choice of a foreign law, legal code, 51 or system to govern its interpretation or the resolution of any 52 claim or dispute and the enforcement or interpretation of the 53 contract, arbitration agreement, or other agreement applying 54 that choice of law provision results or would result in a 55 violation of any right guaranteed by the State Constitution or 56 the Constitution of the United States, it is the public policy 57 of this state that the primary factor in interpretation, 58 enforcement, or application of the contract, arbitration 59 agreement, or other agreement be preservation of the 60 constitutional rights of a natural person in this state against 61 whom enforcement is sought. 62 (b) This subsection does not limit the right of a natural 63 person in this state to voluntarily restrict or limit his or her 64 constitutional rights by contract or specific waiver consistent 65 with constitutional principles, but the language of any such 66 contract or other waiver must be strictly construed in favor of 67 preserving the natural person’s constitutional rights. 68 (4)(a) If any contract, arbitration agreement, or other 69 agreement provides for the choice of venue or forum outside any 70 state or territory of the United States and the enforcement or 71 interpretation of the contract, arbitration agreement, or other 72 agreement applying that choice of venue or forum provision 73 results or would result in a violation of any right guaranteed 74 by the State Constitution or the Constitution of the United 75 States, it is the public policy of this state that, in 76 interpreting or construing the contract, arbitration agreement, 77 or other agreement, the primary factor to be considered is 78 whether it can be interpreted or construed to preserve the 79 constitutional rights of the natural person in this state 80 against whom enforcement is sought. 81 (b) If a natural person who is subject to personal 82 jurisdiction in this state seeks to maintain litigation, 83 arbitration, agency, or similarly binding proceedings in this 84 state and the courts of this state find that granting a claim of 85 forum non conveniens or a related claim violates or would likely 86 lead to the violation of the constitutional rights of the 87 nonclaimant in the foreign forum with respect to the matter in 88 dispute, it is the public policy of this state that the claim be 89 denied. 90 (5) Without prejudice to any other legal right, this 91 section does not apply to a corporation, partnership, or other 92 form of business association. 93 (6) The public policies expressed in this section apply 94 only to actual or foreseeable violations of a natural person’s 95 constitutional rights from the foreign law, legal code, or 96 system. 97 (7) If any provision of this section or its application to 98 any natural person or circumstance is held invalid, the 99 invalidity does not affect other provisions or applications of 100 this section which can be given effect, and to that end the 101 provisions of this act are severable. 102 Section 2. This act shall take effect upon becoming a law.