SB 386 - Prohibits Enforcement of Foreign Laws - Florida Key Vote

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Title: Prohibits Enforcement of Foreign Laws

Vote Smart's Synopsis:

Vote to pass a bill that prohibits the application of foreign law in Florida courts, effective October 1, 2014.

Highlights:

  • Prohibits a court from enforcing the following contract provisions in selecting the law of a foreign county which contravenes the “strong public policy” of Florida or that is “unjust or unreasonable” (Sec. 1):
    • A choice of law provision; or 
    • A forum selection clause.
  • Defines “strong public policy” as public policy of sufficient importance to outweigh the policy of protecting freedom of contract (Sec. 1).  
  • Specifies that the provisions of this bill apply only matters governed by the following statutes (Sec. 1):
    • Dissolution Of Marriage, Support, Time-Sharing; or
    • Uniform Interstate Family Support Act.
  • Requires a State court to ensure that a judgment or order from a foreign country complies with the rule of comity before enforcing the judgment or order (Sec. 1). 

See How Your Politicians Voted

Title: Prohibits Enforcement of Foreign Laws

Vote Smart's Synopsis:

Vote to pass a bill that prohibits the application of foreign law in Florida courts, effective October 1, 2014.

Highlights:

  • Prohibits a court from enforcing the following contract provisions in selecting the law of a foreign county which contravenes the “strong public policy” of Florida or that is “unjust or unreasonable” (Sec. 1):
    • A choice of law provision; or 
    • A forum selection clause.
  • Defines “strong public policy” as public policy of sufficient importance to outweigh the policy of protecting freedom of contract (Sec. 1).  
  • Specifies that the provisions of this bill apply only matters governed by the following statutes (Sec. 1):
    • Dissolution Of Marriage, Support, Time-Sharing; or
    • Uniform Interstate Family Support Act.
  • Requires a State court to ensure that a judgment or order from a foreign country complies with the rule of comity before enforcing the judgment or order (Sec. 1). 

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