Florida Senate - 2013 SENATOR AMENDMENT Bill No. CS for CS for SB 1210 Barcode 325148 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 04/24/2013 11:53 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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;