Florida Senate - 2012                                    SB 1360
       
       
       
       By Senator Hays
       
       
       
       
       20-00106B-12                                          20121360__
    1                        A bill to be entitled                      
    2         An act relating to application of foreign law in
    3         certain cases; creating s. 45.022, F.S.; defining the
    4         term “foreign law, legal code, or system”; clarifying
    5         that the public policies expressed in the act apply to
    6         violations of a natural person’s fundamental
    7         liberties, rights, and privileges guaranteed by the
    8         State Constitution or the United States Constitution;
    9         providing that the act does not apply to a
   10         corporation, partnership, or other form of business
   11         association, except when necessary to provide
   12         effective relief in proceedings under or relating to
   13         chapters 61 and 88, F.S.; specifying the public policy
   14         of this state in applying the choice of a foreign law,
   15         legal code, or system under certain circumstances in
   16         proceedings brought under or relating to chapters 61
   17         and 88, F.S., which relate to dissolution of marriage,
   18         support, time-sharing, the Uniform Child Custody
   19         Jurisdiction and Enforcement Act, and the Uniform
   20         Interstate Family Support Act; declaring that certain
   21         decisions rendered under such laws, codes, or systems
   22         are void; declaring that certain choice of venue or
   23         forum provisions in a contract are void; providing for
   24         the construction of a waiver by a natural person of
   25         the person’s fundamental liberties, rights, and
   26         privileges guaranteed by the State Constitution or the
   27         United States Constitution; declaring that claims of
   28         forum non conveniens or related claims must be denied
   29         under certain circumstances; providing that the act
   30         may not be construed to require or authorize any court
   31         to adjudicate, or prohibit any religious organization
   32         from adjudicating, ecclesiastical matters in violation
   33         of specified constitutional provisions or to conflict
   34         with any federal treaty or other international
   35         agreement to which the United States is a party to a
   36         specified extent; providing for severability;
   37         providing an effective date.
   38  
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Section 45.022, Florida Statutes, is created to
   42  read:
   43         45.022 Application of foreign law contrary to public policy
   44  in certain cases.—
   45         (1) As used in this section, the term “foreign law, legal
   46  code, or system” means any law, legal code, or system of a
   47  jurisdiction outside any state or territory of the United
   48  States, including, but not limited to, international
   49  organizations or tribunals, and applied by that jurisdiction’s
   50  courts, administrative bodies, or other formal or informal
   51  tribunals. The term does not include the common law and statute
   52  laws of England as described in s. 2.01 or any laws of the
   53  Native American tribes in this state.
   54         (2)(a) This section applies only to actual or foreseeable
   55  denials of a natural person’s fundamental liberties, rights, and
   56  privileges guaranteed by the State Constitution or the United
   57  States Constitution from the application of a foreign law, legal
   58  code, or system in proceedings brought under, pursuant to, or
   59  pertaining to the subject matter of chapter 61 or chapter 88.
   60         (b) Except as necessary to provide effective relief in
   61  proceedings brought under, pursuant to, or pertaining to the
   62  subject matter of chapter 61 or chapter 88, this section does
   63  not apply to a corporation, partnership, or other form of
   64  business association.
   65         (3) Any court, arbitration, tribunal, or administrative
   66  agency ruling or decision violates the public policy of this
   67  state and is void and unenforceable if the court, arbitration,
   68  tribunal, or administrative agency bases its ruling or decision
   69  in the matter at issue in whole or in part on any foreign law,
   70  legal code, or system that does not grant the parties affected
   71  by the ruling or decision the same fundamental liberties,
   72  rights, and privileges guaranteed by the State Constitution or
   73  the United States Constitution.
   74         (4)(a) A contract or contractual provision, if severable,
   75  that provides for the choice of a foreign law, legal code, or
   76  system to govern some or all of the disputes between the parties
   77  to be adjudicated by a court of law or by an arbitration panel
   78  arising from the contract violates the public policy of this
   79  state and is void and unenforceable if the foreign law, legal
   80  code, or system chosen includes or incorporates any substantive
   81  or procedural law, as applied to the dispute at issue, which
   82  would not grant the parties the same fundamental liberties,
   83  rights, and privileges guaranteed by the State Constitution or
   84  the United States Constitution.
   85         (b) This subsection does not limit the right of a natural
   86  person in this state to voluntarily restrict or limit his or her
   87  fundamental liberties, rights, and privileges guaranteed by the
   88  State Constitution or the United States Constitution by contract
   89  or specific waiver consistent with constitutional principles,
   90  but the language of any such contract or other waiver must be
   91  strictly construed in favor of preserving such liberties,
   92  rights, and privileges.
   93         (5)(a) If any contractual provision or agreement provides
   94  for the choice of venue or forum outside a state or territory of
   95  the United States, and if the enforcement or interpretation of
   96  the contract or agreement applying that choice of venue or forum
   97  provision would result in a violation of any fundamental
   98  liberties, rights, and privileges guaranteed by the State
   99  Constitution or the United States Constitution, that contractual
  100  provision or agreement shall be interpreted or construed to
  101  preserve such liberties, rights, and privileges of the person
  102  against whom enforcement is sought.
  103         (b) If a natural person who is subject to personal
  104  jurisdiction in this state seeks to maintain litigation,
  105  arbitration, agency, or similarly binding proceedings in this
  106  state and the courts of this state find that granting a claim of
  107  forum non conveniens or a related claim denies or would likely
  108  lead to the denial of any fundamental liberties, rights, and
  109  privileges guaranteed by the State Constitution or the United
  110  States Constitution of the nonclaimant in the foreign forum with
  111  respect to the matter in dispute, it is the public policy of
  112  this state that the claim be denied.
  113         (6) This section may not be construed to:
  114         (a) Require or authorize any court to adjudicate, or
  115  prohibit any religious organization from adjudicating,
  116  ecclesiastical matters, including, but not limited to, the
  117  election, appointment, calling, discipline, dismissal, removal,
  118  or excommunication of a member, officer, official, priest, nun,
  119  monk, pastor, rabbi, imam, or member of the clergy of the
  120  religious organization, or determination or interpretation of
  121  the doctrine of the religious organization, if such adjudication
  122  or prohibition would violate s. 3, Art. I of the State
  123  Constitution or the First Amendment to the United States
  124  Constitution; or
  125         (b) Conflict with any federal treaty or other international
  126  agreement to which the United States is a party to the extent
  127  that such federal treaty or international agreement preempts or
  128  is superior to state law on the matter at issue.
  129         (7) If any provision of this section or its application to
  130  any natural person or circumstance is held invalid, the
  131  invalidity does not affect other provisions or applications of
  132  this section which can be given effect, and to that end the
  133  provisions of this section are severable.
  134         Section 2. This act shall take effect upon becoming a law.