Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 386 Ì375592BÎ375592 LEGISLATIVE ACTION Senate . House Comm: WD . 04/04/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— (Simmons) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Application of the law of a foreign country in 6 courts.— 7 (1) As used in this section, the term “strong public 8 policy” means public policy of sufficient importance to outweigh 9 the policy of protecting freedom of 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 a foreign 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 a 20 foreign country, a court must review the judgment or order to 21 ensure that it complies with the rule of comity. A judgment or 22 order of a court of a foreign country is not entitled to comity 23 if the parties were not given adequate notice and the 24 opportunity to be heard, the foreign court did not have original 25 jurisdiction, or the judgment or order of the foreign court 26 offends the public policy of this state. 27 (4) A contract that seeks to apply the law of a foreign 28 country is void as against the public policy of this state if it 29 is injurious to the interest of the public or contravenes some 30 established interest in society. 31 (5) A trial court may not dismiss an action on the grounds 32 that a satisfactory remedy may be more conveniently sought in a 33 foreign country unless the trial court finds in accordance with 34 the applicable rules of civil procedure and this section, that 35 an adequate alternate forum exists. 36 Section 2. This act shall take effect upon becoming a law. 37 38 ================= T I T L E A M E N D M E N T ================ 39 And the title is amended as follows: 40 Delete everything before the enacting clause 41 and insert: 42 A bill to be entitled 43 An act relating to the application of foreign law in 44 courts; defining the term “strong public policy”; 45 prohibiting a court from enforcing certain choice of 46 law or forum selection contractual provisions; 47 requiring a court to review judgments and orders of 48 foreign courts for comity before enforcing such orders 49 or judgments; specifying judgments and orders of 50 foreign courts that are not entitled to comity; 51 providing that certain contracts are void as against 52 the public policy of this state; prohibiting a trial 53 court from dismissing an action on the grounds that a 54 satisfactory remedy may be more conveniently sought in 55 a foreign country; providing an exception; providing 56 an effective date.