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FL S0386

Bill

Status

Passed

5/14/2014

Primary Sponsor

Alan Hays

Click for details

Origin

Senate

2014 Regular Session

AI Summary

  • Creates section 61.040, Florida Statutes, establishing rules for applying foreign law in matters governed by chapters 61 (family law) and 88 (guardianship).

  • Prohibits courts from enforcing choice of law provisions selecting foreign country law or forum selection clauses choosing foreign courts if they contravene Florida's strong public policy, are unjust, or are unreasonable.

  • Requires courts to review foreign court judgments and orders for comity compliance before enforcement; denies comity if parties lacked adequate notice and opportunity to be heard, the foreign court lacked jurisdiction, or the judgment offends Florida public policy.

  • Voids any attempt to apply foreign country law that contravenes Florida's strong public policy or is unjust or unreasonable.

  • Prohibits trial courts from dismissing actions based on forum non conveniens (more convenient remedy in foreign country) unless an adequate alternate forum exists.

Legislative Description

Application of Foreign Law in Courts

Last Action

Chapter No. 2014-10

5/14/2014

Committee Referrals

Rules4/3/2014
Governmental Oversight and Accountability3/26/2014
Judiciary12/9/2013

Full Bill Text

No bill text available