Florida Senate - 2014 SENATOR AMENDMENT
Bill No. SB 386, 1st Eng.
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LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/3R .
04/28/2014 10:28 AM .
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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,