Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1210
       
       
       
       
       
       
                                Barcode 325148                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/24/2013 11:53 AM       .                                
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       Senator Hays moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 191 and 192
    4  insert:
    5         Section. 6 Section 45.022, Florida Statutes, is created to
    6  read:
    7         45.022 Application of foreign law contrary to public policy
    8  in certain cases.—
    9         (1) While the Legislature fully recognizes the right to
   10  contract freely under the laws of this state, it also recognizes
   11  that this right may be reasonably and rationally circumscribed
   12  pursuant to the state’s interest to protect and promote
   13  liberties, rights, and privileges granted under the State
   14  Constitution or the United States Constitution.
   15         (2) As used in this section, the term “foreign law, legal
   16  code, or system” means any law, legal code, or system of a
   17  foreign country, or a state, nation, or subdivision thereof,
   18  outside of the United States or its territories, including, but
   19  not limited to, a foreign or international organization claiming
   20  the status of a country, state, or nation or asserting legal
   21  authority to act on behalf of one or more foreign countries,
   22  states, nations, or any other similar international organization
   23  or tribunal, which is applied by that jurisdiction’s courts,
   24  administrative bodies, or other formal or informal tribunals.
   25  The term does not include the common law and statute laws of
   26  England as described in s. 2.01 or any laws of the Native
   27  American tribes in this state.
   28         (3)(a) This section applies only to actual or foreseeable
   29  denials of a natural person’s fundamental liberties, rights, and
   30  privileges guaranteed by the State Constitution or the United
   31  States Constitution from the application of a foreign law, legal
   32  code, or system in actions or proceedings brought under,
   33  pursuant to, or pertaining to the subject matter of chapter 61
   34  or chapter 88 and filed after the effective date of this act.
   35         (b) Except as necessary to provide effective relief in
   36  actions or proceedings brought under, pursuant to, or pertaining
   37  to the subject matter of chapter 61 or chapter 88, this section
   38  does not apply to a corporation, partnership, or other form of
   39  business association.
   40         (4) Any court, arbitration, tribunal, or administrative
   41  agency ruling or decision violates the public policy of this
   42  state and is void and unenforceable if the court, arbitration,
   43  tribunal, or administrative agency bases its ruling or decision
   44  in the matter at issue in whole or in part on any foreign law,
   45  legal code, or system that does not grant the parties affected
   46  by the ruling or decision the same fundamental liberties,
   47  rights, and privileges guaranteed by the State Constitution or
   48  the United States Constitution.
   49         (5)(a) A contract or contractual provision, if severable,
   50  that provides for the choice of a foreign law, legal code, or
   51  system to govern some or all of the disputes between the parties
   52  to be adjudicated by a court of law or by an arbitration panel
   53  arising from the contract violates the public policy of this
   54  state and is void and unenforceable if the foreign law, legal
   55  code, or system chosen includes or incorporates any substantive
   56  or procedural law, as applied to the dispute at issue, which
   57  would not grant the parties the same fundamental liberties,
   58  rights, and privileges guaranteed by the State Constitution or
   59  the United States Constitution.
   60         (b) This subsection does not limit the right of a natural
   61  person in this state to voluntarily restrict or limit his or her
   62  fundamental liberties, rights, and privileges guaranteed by the
   63  State Constitution or the United States Constitution by contract
   64  or specific waiver consistent with constitutional principles,
   65  but the language of any such contract or other waiver must be
   66  strictly construed in favor of preserving such liberties,
   67  rights, and privileges.
   68         (6)(a) A contract or contractual provision, if severable,
   69  that provides for the choice of venue or choice of forum outside
   70  a state or territory of the United States violates the public
   71  policy of this state and is void and unenforceable if the
   72  enforcement of the choice of venue or forum provision would
   73  result in a violation of any fundamental liberties, rights, and
   74  privileges guaranteed by the State Constitution or the United
   75  States Constitution.
   76         (b) If a natural person who is subject to personal
   77  jurisdiction in this state seeks to maintain litigation,
   78  arbitration, agency, or similarly binding proceedings in this
   79  state and the courts of this state find that granting a claim of
   80  forum non conveniens or a related claim denies or would likely
   81  lead to the denial of any fundamental liberties, rights, and
   82  privileges guaranteed by the State Constitution or the United
   83  States Constitution of the nonclaimant in the foreign forum with
   84  respect to the matter in dispute, it is the public policy of
   85  this state that the claim be denied.
   86         (7) This section may not be construed to:
   87         (a) Require or authorize any court to adjudicate, or
   88  prohibit any religious organization from adjudicating,
   89  ecclesiastical matters, including, but not limited to, the
   90  election, appointment, calling, discipline, dismissal, removal,
   91  or excommunication of a member, officer, official, priest, nun,
   92  monk, pastor, rabbi, imam, or member of the clergy of the
   93  religious organization, or determination or interpretation of
   94  the doctrine of the religious organization, if such adjudication
   95  or prohibition would violate s. 3, Art. I of the State
   96  Constitution or the First Amendment to the United States
   97  Constitution; or
   98         (b) Conflict with any federal treaty or other international
   99  agreement to which the United States is a party to the extent
  100  that such federal treaty or international agreement preempts or
  101  is superior to state law on the matter at issue.
  102         (8) If any provision of this section or its application to
  103  any natural person or circumstance is held invalid, the
  104  invalidity does not affect other provisions or applications of
  105  this section which can be given effect, and to that end the
  106  provisions of this section are severable.
  107         Section 7. The Division of Law Revision and Information is
  108  directed to replace the phrase “the effective date of this act”
  109  wherever it occurs in this act with the date this act becomes a
  110  law.
  111  
  112  ================= T I T L E  A M E N D M E N T ================
  113         And the title is amended as follows:
  114         Delete line 21
  115  and insert:
  116         sexual violence, dating violence, or stalking;
  117         creating s. 45.022, F.S.; providing intent; defining
  118         the term “foreign law, legal code, or system”;
  119         clarifying that the public policies expressed in the
  120         act apply to violations of a natural person’s
  121         fundamental liberties, rights, and privileges
  122         guaranteed by the State Constitution or the United
  123         States Constitution in certain proceedings or actions
  124         brought after the act becomes a law; providing that
  125         the act does not apply to a corporation, partnership,
  126         or other form of business association, except when
  127         necessary to provide effective relief in actions or
  128         proceedings under or relating to chapters 61 and 88,
  129         F.S.; specifying the public policy of this state in
  130         applying the choice of a foreign law, legal code, or
  131         system under certain circumstances in proceedings
  132         brought under or relating to chapters 61 and 88, F.S.,
  133         which relate to dissolution of marriage, support,
  134         time-sharing, the Uniform Child Custody Jurisdiction
  135         and Enforcement Act, and the Uniform Interstate Family
  136         Support Act; declaring that certain decisions rendered
  137         under such laws, codes, or systems are void; declaring
  138         that certain choice of venue or forum provisions in a
  139         contract are void; providing for the construction of a
  140         waiver by a natural person of the person’s fundamental
  141         liberties, rights, and privileges guaranteed by the
  142         State Constitution or the United States Constitution;
  143         declaring that claims of forum non conveniens or
  144         related claims must be denied under certain
  145         circumstances; providing that the act may not be
  146         construed to require or authorize any court to
  147         adjudicate, or prohibit any religious organization
  148         from adjudicating, ecclesiastical matters in violation
  149         of specified constitutional provisions or to conflict
  150         with any federal treaty or other international
  151         agreement to which the United States is a party to a
  152         specified extent; providing for severability;
  153         providing a directive to the Division of Law Revision
  154         and Information;