Florida Senate - 2014                                     SB 386
       
       
        
       By Senator Hays
       
       
       
       
       
       11-00143-14                                            2014386__
    1                        A bill to be entitled                      
    2         An act relating to the application of foreign law in
    3         certain cases; creating s. 45.022, F.S.; providing
    4         legislative intent; defining the term “foreign law,
    5         legal code, or system”; providing for applicability;
    6         specifying the public policy of this state on the
    7         application of a foreign law, legal code, or system in
    8         proceedings brought under or relating to chapter 61 or
    9         chapter 88, F.S., which relate to dissolution of
   10         marriage, support, time-sharing, the Uniform Child
   11         Custody Jurisdiction and Enforcement Act, and the
   12         Uniform Interstate Family Support Act; providing that
   13         certain decisions rendered under such laws, codes, or
   14         systems are void; providing that certain contracts and
   15         contract provisions are void; providing for the
   16         construction of a waiver by a natural person of the
   17         person’s fundamental liberties, rights, and privileges
   18         guaranteed by the State Constitution or the United
   19         States Constitution; providing that claims of forum
   20         non conveniens or related claims must be denied under
   21         certain circumstances; providing that the act may not
   22         be construed to require or authorize any court to
   23         adjudicate, or prohibit any religious organization
   24         from adjudicating, ecclesiastical matters in violation
   25         of specified constitutional provisions or to conflict
   26         with any federal treaty or other international
   27         agreement to which the United States is a party to a
   28         specified extent; providing for severability;
   29         providing a directive to the Division of Law Revision
   30         and Information; providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Section 45.022, Florida Statutes, is created to
   35  read:
   36         45.022 Application of foreign law contrary to public policy
   37  in certain cases.—
   38         (1) While the Legislature fully recognizes the right to
   39  contract freely under the laws of this state, it also recognizes
   40  that this right may be reasonably and rationally circumscribed
   41  pursuant to the interest of the state to protect and promote
   42  liberties, rights, and privileges granted under the State
   43  Constitution or the United States Constitution.
   44         (2) As used in this section, the term “foreign law, legal
   45  code, or system” means any law, legal code, or system of a
   46  foreign country, or a state, nation, or subdivision thereof,
   47  outside the United States or its territories, including, but not
   48  limited to, a foreign or international organization claiming the
   49  status of a country, state, or nation or asserting legal
   50  authority to act on behalf of one or more foreign countries,
   51  states, nations, or any other similar international
   52  organizations or tribunals, which is applied by that
   53  jurisdiction’s courts, administrative bodies, or other formal or
   54  informal tribunals. The term does not include the common law and
   55  statute laws of England as described in s. 2.01 or any laws of
   56  the Native American tribes in this state.
   57         (3) This section applies:
   58         (a) Only to actual or foreseeable denials of a natural
   59  person’s fundamental liberties, rights, and privileges
   60  guaranteed by the State Constitution or the United States
   61  Constitution from the application of a foreign law, legal code,
   62  or system in actions or proceedings brought under, pursuant to,
   63  or pertaining to the subject matter of chapter 61 or chapter 88
   64  and filed after the effective date of this act; and
   65         (b) To a corporation, partnership, or other form of
   66  business association only as necessary to provide effective
   67  relief in actions or proceedings brought under, pursuant to, or
   68  pertaining to the subject matter of chapter 61 or chapter 88.
   69         (4) Any court, arbitration, tribunal, or administrative
   70  agency ruling or decision violates the public policy of this
   71  state and is void and unenforceable if the court, arbitration,
   72  tribunal, or administrative agency bases its ruling or decision
   73  in the matter at issue in whole or in part on any foreign law,
   74  legal code, or system that does not grant the parties affected
   75  by the ruling or decision the same fundamental liberties,
   76  rights, and privileges guaranteed by the State Constitution or
   77  the United States Constitution.
   78         (5) A contract, or contractual provision, if severable,
   79  violates the public policy of this state and is void and
   80  unenforceable if:
   81         (a) The contract or contractual provision provides for the
   82  choice of a foreign law, legal code, or system to govern some or
   83  all of the disputes arising from the contract between the
   84  parties and the foreign law, legal code, or system chosen
   85  includes or incorporates any substantive or procedural law, as
   86  applied to the dispute at issue, which would deny the parties
   87  the same fundamental liberties, rights, and privileges
   88  guaranteed by the State Constitution or the United States
   89  Constitution. This paragraph does not limit the right of a
   90  natural person in this state to voluntarily restrict or limit
   91  his or her fundamental liberties, rights, and privileges
   92  guaranteed by the State Constitution or the United States
   93  Constitution by contract or specific waiver consistent with
   94  constitutional principles, but the language of any such contract
   95  or waiver must be strictly construed in favor of preserving such
   96  liberties, rights, and privileges; or
   97         (b) The contract or contractual provision provides for the
   98  choice of venue or choice of forum outside a state or territory
   99  of the United States and the enforcement of the choice of venue
  100  or choice of forum provision would result in a violation of any
  101  fundamental liberties, rights, and privileges guaranteed by the
  102  State Constitution or the United States Constitution.
  103         (6) If a natural person who is subject to personal
  104  jurisdiction in this state seeks to maintain litigation,
  105  arbitration, agency, or similarly binding proceedings in this
  106  state and the courts of this state find that granting a claim of
  107  forum non conveniens or a related claim denies or would likely
  108  lead to the denial of any fundamental liberties, rights, and
  109  privileges of the nonclaimant guaranteed by the State
  110  Constitution or the United States Constitution in the foreign
  111  forum with respect to the matter in dispute, it is the public
  112  policy of this state that the claim be denied.
  113         (7) This section may not be construed to:
  114         (a) Require or authorize any court to adjudicate, or
  115  prohibit any religious organization from adjudicating,
  116  ecclesiastical matters, including, but not limited to, the
  117  election, appointment, calling, discipline, dismissal, removal,
  118  or excommunication of a member, officer, official, priest, nun,
  119  monk, pastor, rabbi, imam, or member of the clergy of the
  120  religious organization, or determination or interpretation of
  121  the doctrine of the religious organization, if such adjudication
  122  or prohibition would violate s. 3, Art. I of the State
  123  Constitution or the First Amendment to the United States
  124  Constitution; or
  125         (b) Conflict with any federal treaty or other international
  126  agreement to which the United States is a party to the extent
  127  that such federal treaty or international agreement preempts or
  128  is superior to state law on the matter at issue.
  129         Section 2. If any provision of this act or its application
  130  to any natural person or circumstance is held invalid, the
  131  invalidity does not affect other provisions or applications of
  132  this act which can be given effect without the invalid provision
  133  or application, and to that end the provisions of this act are
  134  severable.
  135         Section 3. The Division of Law Revision and Information is
  136  directed to replace the phrase “the effective date of this act”
  137  wherever it occurs in this act with the date this act becomes a
  138  law.
  139         Section 4. This act shall take effect upon becoming a law.