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FL H1209

Bill

Status

Failed

3/9/2012

Primary Sponsor

Janet Adkins

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

HB 1209 Summary

  • Creates section 45.022 of Florida Statutes to restrict application of foreign law that violates fundamental liberties guaranteed by the State and U.S. Constitutions, excluding English common law and Native American tribal law.

  • Applies only to natural persons in family law proceedings (chapters 61 and 88) involving dissolution of marriage, support, time-sharing, child custody, and interstate family support matters.

  • Voids any court or arbitration ruling based on foreign law that denies parties the same fundamental constitutional rights and liberties, and voids contracts with choice-of-law provisions selecting foreign systems that would deny such protections.

  • Requires strict construction of any waiver of constitutional rights in contracts and mandates denial of forum non conveniens claims if enforcing them would deny the defendant fundamental rights in a foreign forum.

  • Exempts religious organizations' adjudication of ecclesiastical matters and does not conflict with federal treaties or international agreements that preempt state law, with severability provisions included.

Legislative Description

Application of Foreign Law in Certain Cases

Last Action

Died in Judiciary

3/9/2012

Committee Referrals

Judiciary1/31/2012
Civil Justice Subcommittee1/12/2012

Full Bill Text

No bill text available