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FL H0903

Bill

Status

Introduced

2/12/2014

Primary Sponsor

Neil Combee

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary3/18/2014
Civil Justice Subcommittee2/20/2014

Full Bill Text

No bill text available