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FL H0903
Bill
Status
2/12/2014
Primary Sponsor
Neil Combee
Click for details
AI Summary
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Creates section 45.022 of Florida Statutes establishing that application of foreign law violating fundamental liberties guaranteed by state or federal constitutions is void public policy in family law proceedings under chapters 61 and 88.
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Defines "foreign law, legal code, or system" as any law from outside the United States or its territories, excluding English common law and Native American tribal law, applied by foreign courts, administrative bodies, or tribunals.
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Voids any court ruling or decision that applies foreign law denying parties the same fundamental liberties, rights, and privileges guaranteed by state or federal constitutions.
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Voids contracts or contractual provisions providing for choice of foreign law or foreign forum if enforcement would deny parties constitutional protections, though natural persons may voluntarily restrict rights through contract with strict construction in favor of preserving such rights.
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Requires courts to deny forum non conveniens claims when granting them would likely result in denial of fundamental constitutional rights in the foreign forum, and exempts religious organizations' ecclesiastical matters from court adjudication requirements.
Legislative Description
Application of Foreign Law in Certain Cases
Last Action
Laid on Table, companion bill(s) passed, see SB 386 (Ch. 2014-10)
4/29/2014