Florida Senate - 2010 SB 1962 By Senator Baker 20-00867A-10 20101962__ 1 A bill to be entitled 2 An act relating to application of foreign law; 3 providing a short title; creating s. 685.103, F.S.; 4 providing a definition; declaring choice of foreign 5 law provisions void if the foreign law would not grant 6 the parties the same fundamental liberties, rights, 7 and privileges granted under the United States and 8 Florida Constitutions; declaring specified rulings as 9 void and unenforceable if based in whole or in part on 10 any foreign law, legal code, or legal system that 11 would not grant the parties the same fundamental 12 liberties, rights, and privileges granted under the 13 United States and Florida Constitutions; prohibiting 14 courts of or arbitration panels within this state 15 giving a foreign judgment or court order effect if the 16 judgment or order violates the public policy of this 17 state; providing that certain child custody orders 18 violate the public policy of this state; providing 19 applicability; providing an effective date. 20 21 WHEREAS, the Legislature finds that the right of parties to 22 contract freely is a fundamental liberty deserving of 23 protection, and 24 WHEREAS, the Legislature finds that the right to contract 25 freely includes the right to choose a law, legal code, or legal 26 system that will govern disputes between the parties adjudicated 27 by a court of law or by an arbitration panel arising from a 28 contract mutually agreed upon, and 29 WHEREAS, the Legislature finds that the right to contract 30 freely includes the right of the parties to agree upon a 31 jurisdiction for purposes of granting the courts or arbitration 32 panels jurisdiction over the parties for purposes of 33 adjudicating disputes between the parties arising from a 34 contract mutually agreed upon, and 35 WHEREAS, the Legislature finds that these rights to 36 contract freely may be reasonably and rationally circumscribed 37 pursuant to the state’s interest to protect and promote 38 fundamental civil liberties granted under the United States and 39 Florida Constitutions, including, but not limited to, freedom of 40 religion, freedom of speech, freedom of the press, due process, 41 the right of privacy, and the right to marriage, NOW, THEREFORE, 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1. This act may be cited as the “American and 46 Florida Laws for Florida Courts Act.” 47 Section 2. Section 685.103, Florida Statutes, is created to 48 read: 49 685.103 Provisions contrary to public policy.— 50 (1) For purposes of this section, the term “foreign law, 51 legal code, or legal system” means a foreign law, legal code, or 52 legal system used or applied in a jurisdiction outside of the 53 United States and its territories and does not include any law, 54 legal code, or legal system applied in any state or territory of 55 the United States. 56 (2) A contract or, if capable of segregation, a contractual 57 provision that provides for the choice of a foreign law, legal 58 code, or legal system to govern some or all of the disputes 59 between the parties adjudicated by a court of law or by an 60 arbitration panel arising from the contract mutually agreed upon 61 violates the public policy of this state and is void and 62 unenforceable if the foreign law, legal code, or legal system 63 chosen includes or incorporates any substantive or procedural 64 law specifically applicable to the dispute at issue that would 65 not grant the parties the same fundamental liberties, rights, 66 and privileges granted under the United States and Florida 67 Constitutions, including, but not limited to, freedom of 68 religion, freedom of speech, freedom of the press, due process, 69 the right of privacy, and the right to marriage. 70 (3) Any court, arbitration panel, tribunal, or 71 administrative agency ruling or decision violates the public 72 policy of this state and is void and unenforceable if the court, 73 arbitration panel, tribunal, or administrative agency bases its 74 rulings or decisions in whole or in part on any foreign law, 75 legal code, or legal system, irrespective of the specific 76 application of the foreign law, legal code, or legal system, 77 wherein the parties affected by the ruling or decision are 78 denied the same fundamental liberties, rights, and privileges 79 granted under the United States and Florida Constitutions, 80 including, but not limited to, freedom of religion, freedom of 81 speech, freedom of the press, due process, the right of privacy, 82 and the right to marriage. 83 (4) No foreign judgment or court order shall be given 84 effect by the courts of or arbitration panels within this state 85 if the foreign judgment or court order violates the public 86 policy of this state. Without exception, any court order or 87 arbitration panel decision that renders an order, decision, or 88 judgment on the appropriate custody arrangements for a minor 89 child without rendering such order, decision, or judgment based 90 primarily upon the best interests of that child is presumptively 91 and conclusively a violation of the public policy of this state 92 and is void and unenforceable. 93 Section 3. Section 685.103, Florida Statutes, as created by 94 this act, applies to: 95 (1) Contracts entered into on or after July 1, 2010; and 96 (2) Contracts entered into prior to July 1, 2010, if an 97 action or proceeding relating to such contract is commenced on 98 or after that date. 99 Section 4. This act shall take effect July 1, 2010.