September 27, 2020
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       Florida Senate - 2010                                    SB 1962
       
       
       
       By Senator Baker
       
       
       
       
       20-00867A-10                                          20101962__
    1                        A bill to be entitled                      
    2         An act relating to application of foreign law;
    3         providing a short title; creating s. 685.103, F.S.;
    4         providing a definition; declaring choice of foreign
    5         law provisions void if the foreign law would not grant
    6         the parties the same fundamental liberties, rights,
    7         and privileges granted under the United States and
    8         Florida Constitutions; declaring specified rulings as
    9         void and unenforceable if based in whole or in part on
   10         any foreign law, legal code, or legal system that
   11         would not grant the parties the same fundamental
   12         liberties, rights, and privileges granted under the
   13         United States and Florida Constitutions; prohibiting
   14         courts of or arbitration panels within this state
   15         giving a foreign judgment or court order effect if the
   16         judgment or order violates the public policy of this
   17         state; providing that certain child custody orders
   18         violate the public policy of this state; providing
   19         applicability; providing an effective date.
   20  
   21         WHEREAS, the Legislature finds that the right of parties to
   22  contract freely is a fundamental liberty deserving of
   23  protection, and
   24         WHEREAS, the Legislature finds that the right to contract
   25  freely includes the right to choose a law, legal code, or legal
   26  system that will govern disputes between the parties adjudicated
   27  by a court of law or by an arbitration panel arising from a
   28  contract mutually agreed upon, and
   29         WHEREAS, the Legislature finds that the right to contract
   30  freely includes the right of the parties to agree upon a
   31  jurisdiction for purposes of granting the courts or arbitration
   32  panels jurisdiction over the parties for purposes of
   33  adjudicating disputes between the parties arising from a
   34  contract mutually agreed upon, and
   35         WHEREAS, the Legislature finds that these rights to
   36  contract freely may be reasonably and rationally circumscribed
   37  pursuant to the state’s interest to protect and promote
   38  fundamental civil liberties granted under the United States and
   39  Florida Constitutions, including, but not limited to, freedom of
   40  religion, freedom of speech, freedom of the press, due process,
   41  the right of privacy, and the right to marriage, NOW, THEREFORE,
   42  
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. This act may be cited as the “American and
   46  Florida Laws for Florida Courts Act.”
   47         Section 2. Section 685.103, Florida Statutes, is created to
   48  read:
   49         685.103 Provisions contrary to public policy.—
   50         (1) For purposes of this section, the term “foreign law,
   51  legal code, or legal system” means a foreign law, legal code, or
   52  legal system used or applied in a jurisdiction outside of the
   53  United States and its territories and does not include any law,
   54  legal code, or legal system applied in any state or territory of
   55  the United States.
   56         (2) A contract or, if capable of segregation, a contractual
   57  provision that provides for the choice of a foreign law, legal
   58  code, or legal system to govern some or all of the disputes
   59  between the parties adjudicated by a court of law or by an
   60  arbitration panel arising from the contract mutually agreed upon
   61  violates the public policy of this state and is void and
   62  unenforceable if the foreign law, legal code, or legal system
   63  chosen includes or incorporates any substantive or procedural
   64  law specifically applicable to the dispute at issue that would
   65  not grant the parties the same fundamental liberties, rights,
   66  and privileges granted under the United States and Florida
   67  Constitutions, including, but not limited to, freedom of
   68  religion, freedom of speech, freedom of the press, due process,
   69  the right of privacy, and the right to marriage.
   70         (3) Any court, arbitration panel, tribunal, or
   71  administrative agency ruling or decision violates the public
   72  policy of this state and is void and unenforceable if the court,
   73  arbitration panel, tribunal, or administrative agency bases its
   74  rulings or decisions in whole or in part on any foreign law,
   75  legal code, or legal system, irrespective of the specific
   76  application of the foreign law, legal code, or legal system,
   77  wherein the parties affected by the ruling or decision are
   78  denied the same fundamental liberties, rights, and privileges
   79  granted under the United States and Florida Constitutions,
   80  including, but not limited to, freedom of religion, freedom of
   81  speech, freedom of the press, due process, the right of privacy,
   82  and the right to marriage.
   83         (4) No foreign judgment or court order shall be given
   84  effect by the courts of or arbitration panels within this state
   85  if the foreign judgment or court order violates the public
   86  policy of this state. Without exception, any court order or
   87  arbitration panel decision that renders an order, decision, or
   88  judgment on the appropriate custody arrangements for a minor
   89  child without rendering such order, decision, or judgment based
   90  primarily upon the best interests of that child is presumptively
   91  and conclusively a violation of the public policy of this state
   92  and is void and unenforceable.
   93         Section 3. Section 685.103, Florida Statutes, as created by
   94  this act, applies to:
   95         (1) Contracts entered into on or after July 1, 2010; and
   96         (2) Contracts entered into prior to July 1, 2010, if an
   97  action or proceeding relating to such contract is commenced on
   98  or after that date.
   99         Section 4. This act shall take effect July 1, 2010.

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