August 04, 2020
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_h1037__
HB 1037

1
A bill to be entitled
2An act relating to application of foreign law; providing a
3short title; creating s. 685.103, F.S.; providing a
4definition; declaring choice of foreign law provisions
5void if the foreign law would not grant the parties the
6same fundamental liberties, rights, and privileges granted
7under the United States and Florida Constitutions;
8declaring specified rulings as void and unenforceable if
9based in whole or in part on any foreign law, legal code,
10or legal system that would not grant the parties the same
11fundamental liberties, rights, and privileges granted
12under the United States and Florida Constitutions;
13prohibiting courts of or arbitration panels within this
14state giving a foreign judgment or court order effect if
15the judgment or order violates the public policy of this
16state; providing that certain child custody orders violate
17the public policy of this state; providing applicability;
18providing an effective date.
19
20     WHEREAS, the Legislature finds that the right of parties to
21contract freely is a fundamental liberty deserving of
22protection, and
23     WHEREAS, the Legislature finds that the right to contract
24freely includes the right to choose a law, legal code, or legal
25system that will govern disputes between the parties adjudicated
26by a court of law or by an arbitration panel arising from a
27contract mutually agreed upon, and
28     WHEREAS, the Legislature finds that the right to contract
29freely includes the right of the parties to agree upon a
30jurisdiction for purposes of granting the courts or arbitration
31panels jurisdiction over the parties for purposes of
32adjudicating disputes between the parties arising from a
33contract mutually agreed upon, and
34     WHEREAS, the Legislature finds that these rights to
35contract freely may be reasonably and rationally circumscribed
36pursuant to the state's interest to protect and promote
37fundamental civil liberties granted under the United States and
38Florida Constitutions, including, but not limited to, freedom of
39religion, freedom of speech, freedom of the press, due process,
40the right of privacy, and the right to marriage, NOW, THEREFORE,
41
42Be It Enacted by the Legislature of the State of Florida:
43
44     Section 1.  This act may be cited as the "American and
45Florida Laws for Florida Courts Act."
46     Section 2.  Section 685.103, Florida Statutes, is created
47to read:
48     685.103  Provisions contrary to public policy.-
49     (1)  For purposes of this section, the term "foreign law,
50legal code, or legal system" means a foreign law, legal code, or
51legal system used or applied in a jurisdiction outside of the
52United States and its territories and does not include any law,
53legal code, or legal system applied in any state or territory of
54the United States.
55     (2)  A contract or, if capable of segregation, a
56contractual provision that provides for the choice of a foreign
57law, legal code, or legal system to govern some or all of the
58disputes between the parties adjudicated by a court of law or by
59an arbitration panel arising from the contract mutually agreed
60upon violates the public policy of this state and is void and
61unenforceable if the foreign law, legal code, or legal system
62chosen includes or incorporates any substantive or procedural
63law specifically applicable to the dispute at issue that would
64not grant the parties the same fundamental liberties, rights,
65and privileges granted under the United States and Florida
66Constitutions, including, but not limited to, freedom of
67religion, freedom of speech, freedom of the press, due process,
68the right of privacy, and the right to marriage.
69     (3)  Any court, arbitration panel, tribunal, or
70administrative agency ruling or decision violates the public
71policy of this state and is void and unenforceable if the court,
72arbitration panel, tribunal, or administrative agency bases its
73rulings or decisions in whole or in part on any foreign law,
74legal code, or legal system, irrespective of the specific
75application of the foreign law, legal code, or legal system,
76wherein the parties affected by the ruling or decision are
77denied the same fundamental liberties, rights, and privileges
78granted under the United States and Florida Constitutions,
79including, but not limited to, freedom of religion, freedom of
80speech, freedom of the press, due process, the right of privacy,
81and the right to marriage.
82     (4)  No foreign judgment or court order shall be given
83effect by the courts of or arbitration panels within this state
84if the foreign judgment or court order violates the public
85policy of this state. Without exception, any court order or
86arbitration panel decision that renders an order, decision, or
87judgment on the appropriate custody arrangements for a minor
88child without rendering such order, decision, or judgment based
89primarily upon the best interests of that child is presumptively
90and conclusively a violation of the public policy of this state
91and is void and unenforceable.
92     Section 3.  Section 685.103, Florida Statutes, as created
93by this act, applies to:
94     (1)  Contracts entered into on or after July 1, 2010; and
95     (2)  Contracts entered into prior to July 1, 2010, if an
96action or proceeding relating to such contract is commenced on
97or after that date.
98     Section 4.  This act shall take effect July 1, 2010.


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