Florida Senate - 2014 SENATOR AMENDMENT Bill No. SB 386, 1st Eng. Ì502398IÎ502398 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/3R . 04/28/2014 10:28 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Simmons moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 20 - 59 4 and insert: 5 Section 1. Section 61.040, Florida Statutes, is created to 6 read: 7 61.040 Application of the law of a foreign country in 8 courts relating to matters arising out of or relating to 9 chapters 61 and 88.— 10 (1) As used in this section, the term “strong public 11 policy” means public policy of sufficient importance to outweigh 12 the policy of protecting freedom of contract. 13 (2) A court may not enforce: 14 (a) A choice of law provision in a contract selecting the 15 law of a foreign country which contravenes the strong public 16 policy of this state or that is unjust or unreasonable. 17 (b) A forum selection clause in a contract that selects a 18 forum in a foreign country if the clause is shown to be 19 unreasonable or unjust or if strong public policy would prohibit 20 the enforceability of the clause under the specific facts of the 21 case. 22 (3) Before enforcing a judgment or order of a court of a 23 foreign country, a court must review the judgment or order to 24 ensure that it complies with the rule of comity. A judgment or 25 order of a court of a foreign country is not entitled to comity 26 if the parties were not given adequate notice and the 27 opportunity to be heard, the foreign court did not have 28 jurisdiction, or the judgment or order of the foreign court 29 offends the public policy of this state. As used in this 30 subsection, a “foreign court” or “court of a foreign country” 31 includes any court or tribunal that has jurisdiction under the 32 laws of that nation over the subject of matters governed by 33 chapter 61 or chapter 88. 34 (4) Any attempt to apply the law of a foreign country is 35 void if it contravenes the strong public policy of this state or 36 if the law is unjust or unreasonable. 37 (5) A trial court may not dismiss an action on the grounds 38 that a satisfactory remedy may be more conveniently sought in a 39 foreign country unless the trial court finds in accordance with 40 all the applicable rules of civil procedure and this section 41 that an adequate alternate forum exists. 42 (6) This section applies only to matters governed by or 43 relating to chapter 61 or chapter 88. 44 45 The purpose of this section is to codify existing case law, and 46 that intent should guide the interpretation of this section. 47 48 ================= T I T L E A M E N D M E N T ================ 49 And the title is amended as follows: 50 Delete lines 10 - 16 51 and insert: 52 entitled to comity; providing that the attempt to 53 apply the law of a foreign country is void under 54 certain circumstances; prohibiting a trial court from 55 dismissing an action on the grounds that a 56 satisfactory remedy may be more conveniently sought in 57 a foreign country; providing an exception; providing 58 applicability; providing an effective date. 59 60 WHEREAS, the purpose of the courts of this state is to 61 fairly and justly adjudicate disputes, and 62 WHEREAS, the common law and other court interpreted law of 63 this state protects litigants from the application of unfair and 64 unjust laws of foreign countries, and 65 WHEREAS, with respect to the enforceability of choice of 66 law provisions, this act codifies the holdings of Mintz & Fraade 67 P.C., v. Beta Drywall Aquisition, LLC, 59 So.3d 1173, 1176 (Fla. 68 4th DCA 2011); Walls v. Quick & Reilly, Inc., 824 So.2d 1016, 69 1018 (Fla. 5th DCA); and 70 WHEREAS, with respect to the enforceability of forum 71 selection clauses, this act codifies the holdings of Manrique v. 72 Fabbri, 493 So.2d 437, 440 (Fla. 1986) and Illinois Union 73 Insurance Co. v. Co-Free, Inc., 128 So.3d 820 (Fla 1st DCA 74 2013); and 75 WHEREAS, with respect to the enforceability of a judgment 76 or order of a court of a foreign country, this act codifies the 77 holding of Nahar v. Nahar, 656 So.2d 225, 229 (Fla. 3d DCA 78 1995); and 79 WHEREAS, with respect to the application of the law of a 80 foreign state, this act codifies McNamara v. McNamara, 40 So.3d 81 78, 80 (Fla. 5th DCA 2010); and 82 WHEREAS, with respect to the dismissal of a case on the 83 grounds that a satisfactory remedy may be more conveniently 84 sought in a foreign country, this Act codifies the result of 85 Rule 1.061(a)(1), Florida Rules of Civil Procedure, NOW, 86 THEREFORE,