Florida Senate - 2013                        CS for CS for SB 58
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       and Judiciary; and Senators Hays and Evers
       
       
       
       585-02865-13                                            201358c2
    1                        A bill to be entitled                      
    2         An act relating to application of foreign law in
    3         certain cases; creating s. 45.022, F.S.; providing
    4         intent; defining the term “foreign law, legal code, or
    5         system”; clarifying that the public policies expressed
    6         in the act apply to violations of a natural person’s
    7         fundamental liberties, rights, and privileges
    8         guaranteed by the State Constitution or the United
    9         States Constitution in certain proceedings or actions
   10         brought after the act becomes a law; providing that
   11         the act does not apply to a corporation, partnership,
   12         or other form of business association, except when
   13         necessary to provide effective relief in actions or
   14         proceedings under or relating to chapters 61 and 88,
   15         F.S.; specifying the public policy of this state in
   16         applying the choice of a foreign law, legal code, or
   17         system under certain circumstances in proceedings
   18         brought under or relating to chapters 61 and 88, F.S.,
   19         which relate to dissolution of marriage, support,
   20         time-sharing, the Uniform Child Custody Jurisdiction
   21         and Enforcement Act, and the Uniform Interstate Family
   22         Support Act; declaring that certain decisions rendered
   23         under such laws, codes, or systems are void; declaring
   24         that certain choice of venue or forum provisions in a
   25         contract are void; providing for the construction of a
   26         waiver by a natural person of the person’s fundamental
   27         liberties, rights, and privileges guaranteed by the
   28         State Constitution or the United States Constitution;
   29         declaring that claims of forum non conveniens or
   30         related claims must be denied under certain
   31         circumstances; providing that the act may not be
   32         construed to require or authorize any court to
   33         adjudicate, or prohibit any religious organization
   34         from adjudicating, ecclesiastical matters in violation
   35         of specified constitutional provisions or to conflict
   36         with any federal treaty or other international
   37         agreement to which the United States is a party to a
   38         specified extent; providing for severability;
   39         providing a directive to the Division of Law Revision
   40         and Information; providing an effective date.
   41  
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Section 45.022, Florida Statutes, is created to
   45  read:
   46         45.022 Application of foreign law contrary to public policy
   47  in certain cases.—
   48         (1) While the Legislature fully recognizes the right to
   49  contract freely under the laws of this state, it also recognizes
   50  that this right may be reasonably and rationally circumscribed
   51  pursuant to the state’s interest to protect and promote
   52  liberties, rights, and privileges granted under the State
   53  Constitution or the United States Constitution.
   54         (2) As used in this section, the term “foreign law, legal
   55  code, or system” means any law, legal code, or system of a
   56  foreign country, or a state, nation, or subdivision thereof,
   57  outside of the United States or its territories, including, but
   58  not limited to, a foreign or international organization claiming
   59  the status of a country, state, or nation or asserting legal
   60  authority to act on behalf of one or more foreign countries,
   61  states, nations, or any other similar international organization
   62  or tribunal, which is applied by that jurisdiction’s courts,
   63  administrative bodies, or other formal or informal tribunals.
   64  The term does not include the common law and statute laws of
   65  England as described in s. 2.01 or any laws of the Native
   66  American tribes in this state.
   67         (3)(a) This section applies only to actual or foreseeable
   68  denials of a natural person’s fundamental liberties, rights, and
   69  privileges guaranteed by the State Constitution or the United
   70  States Constitution from the application of a foreign law, legal
   71  code, or system in actions or proceedings brought under,
   72  pursuant to, or pertaining to the subject matter of chapter 61
   73  or chapter 88 and filed after the effective date of this act.
   74         (b) Except as necessary to provide effective relief in
   75  actions or proceedings brought under, pursuant to, or pertaining
   76  to the subject matter of chapter 61 or chapter 88, this section
   77  does not apply to a corporation, partnership, or other form of
   78  business association.
   79         (4) Any court, arbitration, tribunal, or administrative
   80  agency ruling or decision violates the public policy of this
   81  state and is void and unenforceable if the court, arbitration,
   82  tribunal, or administrative agency bases its ruling or decision
   83  in the matter at issue in whole or in part on any foreign law,
   84  legal code, or system that does not grant the parties affected
   85  by the ruling or decision the same fundamental liberties,
   86  rights, and privileges guaranteed by the State Constitution or
   87  the United States Constitution.
   88         (5)(a) A contract or contractual provision, if severable,
   89  that provides for the choice of a foreign law, legal code, or
   90  system to govern some or all of the disputes between the parties
   91  to be adjudicated by a court of law or by an arbitration panel
   92  arising from the contract violates the public policy of this
   93  state and is void and unenforceable if the foreign law, legal
   94  code, or system chosen includes or incorporates any substantive
   95  or procedural law, as applied to the dispute at issue, which
   96  would not grant the parties the same fundamental liberties,
   97  rights, and privileges guaranteed by the State Constitution or
   98  the United States Constitution.
   99         (b) This subsection does not limit the right of a natural
  100  person in this state to voluntarily restrict or limit his or her
  101  fundamental liberties, rights, and privileges guaranteed by the
  102  State Constitution or the United States Constitution by contract
  103  or specific waiver consistent with constitutional principles,
  104  but the language of any such contract or other waiver must be
  105  strictly construed in favor of preserving such liberties,
  106  rights, and privileges.
  107         (6)(a) A contract or contractual provision, if severable,
  108  that provides for the choice of venue or choice of forum outside
  109  a state or territory of the United States violates the public
  110  policy of this state and is void and unenforceable if the
  111  enforcement of the choice of venue or forum provision would
  112  result in a violation of any fundamental liberties, rights, and
  113  privileges guaranteed by the State Constitution or the United
  114  States Constitution.
  115         (b) If a natural person who is subject to personal
  116  jurisdiction in this state seeks to maintain litigation,
  117  arbitration, agency, or similarly binding proceedings in this
  118  state and the courts of this state find that granting a claim of
  119  forum non conveniens or a related claim denies or would likely
  120  lead to the denial of any fundamental liberties, rights, and
  121  privileges guaranteed by the State Constitution or the United
  122  States Constitution of the nonclaimant in the foreign forum with
  123  respect to the matter in dispute, it is the public policy of
  124  this state that the claim be denied.
  125         (7) This section may not be construed to:
  126         (a) Require or authorize any court to adjudicate, or
  127  prohibit any religious organization from adjudicating,
  128  ecclesiastical matters, including, but not limited to, the
  129  election, appointment, calling, discipline, dismissal, removal,
  130  or excommunication of a member, officer, official, priest, nun,
  131  monk, pastor, rabbi, imam, or member of the clergy of the
  132  religious organization, or determination or interpretation of
  133  the doctrine of the religious organization, if such adjudication
  134  or prohibition would violate s. 3, Art. I of the State
  135  Constitution or the First Amendment to the United States
  136  Constitution; or
  137         (b) Conflict with any federal treaty or other international
  138  agreement to which the United States is a party to the extent
  139  that such federal treaty or international agreement preempts or
  140  is superior to state law on the matter at issue.
  141         (8) If any provision of this section or its application to
  142  any natural person or circumstance is held invalid, the
  143  invalidity does not affect other provisions or applications of
  144  this section which can be given effect, and to that end the
  145  provisions of this section are severable.
  146         Section 2. The Division of Law Revision and Information is
  147  directed to replace the phrase “the effective date of this act”
  148  wherever it occurs in this act with the date this act becomes a
  149  law.
  150         Section 3. This act shall take effect upon becoming a law.