HB 1273

1	A bill to be entitled
2	An act relating to application of foreign law; creating s.
3	45.022, F.S.; defining the term "foreign law, legal code,
4	or system"; specifying the public policy of this state in
5	applying the choice of a foreign law, legal code, or
6	system under certain circumstances; declaring that certain
7	decisions rendered under such laws, codes, or systems are
8	void; declaring that certain choice of venue or forum
9	provisions in a contract are void; providing for the
10	construction of a waiver by a natural person of the
11	person's constitutional rights; declaring that claims of
12	forum non conveniens or related claims must be denied
13	under certain circumstances; providing that the act does
14	not apply to a corporation, partnership, or other form of
15	business association; clarifying that the public policies
16	expressed in the act apply to violations of a natural
17	person's constitutional rights; providing for
18	severability; providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Section 45.022, Florida Statutes, is created to
23	read:
24	45.022  Provisions contrary to public policy.-
25	(1)  As used in this section, the term "foreign law, legal
26	code, or system" means any law, legal code, or system of a
27	jurisdiction outside any state or territory of the United
28	States, including, but not limited to, international
29	organizations or tribunals, and applied by that jurisdiction's
30	courts, administrative bodies, or other formal or informal
31	tribunals.
32	(2)  Any court, arbitration, tribunal, or administrative
33	agency ruling or decision violates the public policy of this
34	state and is void and unenforceable if the court, arbitration,
35	tribunal, or administrative agency bases its ruling or decision
36	in the matter at issue in whole or in part on any law, legal
37	code, or system that does not grant the parties affected by the
38	ruling or decision the same fundamental liberties, rights, and
39	privileges granted under the State Constitution and the
40	Constitution of the United States.
41	(3)(a)  A contract or contractual provision, if severable,
42	which provides for the choice of a law, legal code, or system to
43	govern some or all of the disputes between the parties to be
44	adjudicated by a court of law or by an arbitration panel arising
45	from the contract violates the public policy of this state and
46	is void and unenforceable if the law, legal code, or system
47	chosen includes or incorporates any substantive or procedural
48	law, as applied to the dispute at issue, which would not grant
49	the parties the same fundamental liberties, rights, and
50	privileges granted under the State Constitution and the
51	Constitution of the United States.
52	(b)  This subsection does not limit the right of a natural
53	person in this state to voluntarily restrict or limit his or her
54	constitutional rights by contract or specific waiver consistent
55	with constitutional principles, but the language of any such
56	contract or other waiver must be strictly construed in favor of
57	preserving the natural person's constitutional rights.
58	(4)(a)  If any contractual provision or agreement provides
59	for the choice of venue or forum outside a state or territory of
60	the United States, and if the enforcement or interpretation of
61	the contract or agreement applying that choice of venue or forum
62	provision would result in a violation of any right guaranteed by
63	the State Constitution of the Constitution of the United States,
64	that contractual provision or agreement shall be interpreted or
65	construed to preserve the constitutional rights of the person
66	against whom enforcement is sought. Similarly, if a natural
67	person subject to personal jurisdiction in this state seeks to
68	maintain litigation, arbitration, agency, or similarly binding
69	proceedings in this state, and if a court of this state finds
70	that granting a claim of forum non conveniens or a related claim
71	violates or would likely lead to the violation of any
72	constitutional right of the nonclaimant in the foreign forum
73	with respect to the matter in dispute, the claim shall be
74	denied.
75	(b)  If a natural person who is subject to personal
76	jurisdiction in this state seeks to maintain litigation,
77	arbitration, agency, or similarly binding proceedings in this
78	state and the courts of this state find that granting a claim of
79	forum non conveniens or a related claim denies or would likely
80	lead to the denial of the constitutional rights of the
81	nonclaimant in the foreign forum with respect to the matter in
82	dispute, it is the public policy of this state that the claim be
83	denied. A claim of forum non conveniens or a related claim must
84	be denied if it denies or would deny any right of a natural
85	person guaranteed by the State Constitution or the Constitution
86	of the United States or any statute or decision under those
87	constitutions.
88	(5)  Without prejudice to any other legal right, this
89	section does not apply to a corporation, partnership, or other
90	form of business association.
91	(6)  This section applies only to actual or foreseeable
92	denials of a natural person's constitutional rights from the
93	foreign law, legal code, or system.
94	(7)  If any provision of this section or its application to
95	any natural person or circumstance is held invalid, the
96	invalidity does not affect other provisions or applications of
97	this section which can be given effect, and to that end the
98	provisions of this act are severable.
99	Section 2.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.