Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 386
       
       
       
       
       
       
                                Ì4909629Î490962                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/25/2014           .                                
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    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Application of foreign law.—
    6         (1) As used in this section, the term “strong public
    7  policy” means that the public policy must be sufficiently
    8  important that it outweighs the policy protecting freedom of
    9  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 another 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
   20  another country, a court must review the judgment or order to
   21  ensure that it complies with the rule of comity. A foreign
   22  judgment or order is not entitled to comity if the parties were
   23  not given notice and the opportunity to be heard, the foreign
   24  court did not have original jurisdiction, or the foreign
   25  judgment offends the public policy of this state.
   26         (4) A contract is void as against the public policy of this
   27  state if it is injurious to the interest of the public or
   28  contravenes some established interest in society.
   29         (5) A trial court may not dismiss an action on the grounds
   30  that a satisfactory remedy may be more conveniently sought in
   31  another country unless the trial court finds that an adequate
   32  alternate forum exists.
   33         Section 2. This act shall take effect upon becoming a law.
   34  
   35  ================= T I T L E  A M E N D M E N T ================
   36  And the title is amended as follows:
   37         Delete everything before the enacting clause
   38  and insert:
   39                        A bill to be entitled                      
   40         An act relating to the application of foreign law in
   41         courts; defining the term “strong public policy”;
   42         prohibiting a court from enforcing certain choice of
   43         law or forum selection contractual provisions;
   44         requiring a court to review foreign judgments and
   45         orders for comity before enforcing such orders or
   46         judgments; specifying foreign judgments and orders
   47         that are not entitled to comity; providing that
   48         certain contracts are void as against the public
   49         policy of this state; prohibiting a trial court from
   50         dismissing an action on the grounds that a
   51         satisfactory remedy may be more conveniently sought in
   52         another country; providing an exception; providing an
   53         effective date.