HB 1037

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

CODING: Words stricken are deletions; words underlined are additions.