Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 386
       
       
       
       
       
       
                                Ì375592BÎ375592                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/04/2014           .                                
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       (Simmons) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Application of the law of a foreign country in
    6  courts.—
    7         (1) As used in this section, the term “strong public
    8  policy” means public policy of sufficient importance to outweigh
    9  the policy of protecting freedom of contract.
   10         (2) A court may not enforce:
   11         (a) A choice of law provision in a contract selecting the
   12  law of a foreign country which contravenes strong public policy
   13  of this state or that is unjust or unreasonable.
   14         (b) A forum selection clause in a contract that selects a
   15  forum in a foreign country if the clause is shown to be
   16  unreasonable or unjust or if strong public policy would prohibit
   17  the enforceability of the clause under the specific facts of the
   18  case.
   19         (3) Before enforcing a judgment or order of a court of a
   20  foreign country, a court must review the judgment or order to
   21  ensure that it complies with the rule of comity. A judgment or
   22  order of a court of a foreign country is not entitled to comity
   23  if the parties were not given adequate notice and the
   24  opportunity to be heard, the foreign court did not have original
   25  jurisdiction, or the judgment or order of the foreign court
   26  offends the public policy of this state.
   27         (4) A contract that seeks to apply the law of a foreign
   28  country is void as against the public policy of this state if it
   29  is injurious to the interest of the public or contravenes some
   30  established interest in society.
   31         (5) A trial court may not dismiss an action on the grounds
   32  that a satisfactory remedy may be more conveniently sought in a
   33  foreign country unless the trial court finds in accordance with
   34  the applicable rules of civil procedure and this section, that
   35  an adequate alternate forum exists.
   36         Section 2. This act shall take effect upon becoming a law.
   37  
   38  ================= T I T L E  A M E N D M E N T ================
   39  And the title is amended as follows:
   40         Delete everything before the enacting clause
   41  and insert:
   42                        A bill to be entitled                      
   43         An act relating to the application of foreign law in
   44         courts; defining the term “strong public policy”;
   45         prohibiting a court from enforcing certain choice of
   46         law or forum selection contractual provisions;
   47         requiring a court to review judgments and orders of
   48         foreign courts for comity before enforcing such orders
   49         or judgments; specifying judgments and orders of
   50         foreign courts that are not entitled to comity;
   51         providing that certain contracts are void as against
   52         the public policy of this state; prohibiting a trial
   53         court from dismissing an action on the grounds that a
   54         satisfactory remedy may be more conveniently sought in
   55         a foreign country; providing an exception; providing
   56         an effective date.