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Interim Brief from December 5, 2017

Legal & Judicial

SB 760-Relating to Grounds for Nonrecognition or Out-of-Country Foreign Judgments

On Tuesday, December 5th, SB 760, by Senator Aaron Bean (R-Jacksonville) was heard before the Senate Committee on Judiciary, and passed. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this bill.

This legislation amends the Uniform Out-Of-Country Foreign Money - Judgment Recognition Act, codified in chapter 55 F.S., to add two additional permissive grounds for nonrecognition of a foreign money judgment by a Florida court. The Act currently provides three mandatory grounds for nonrecognition and eight permissive grounds for nonrecognition of a foreign judgment. Of the mandatory grounds that are similar to those in the bill, the Act requires nonrecognition where the foreign country’s court system is systematically unfair, failing to provide impartial tribunals and compatible due process of law.

The bill adds two permissive grounds for when a Florida court may decline to recognize a foreign judgment on more individualized due process grounds: 

  • There is “substantial doubt” about the “integrity” of the particular foreign court that rendered the judgment. 
  • The particular foreign court that rendered the judgment failed to afford due process in the proceedings.

SB 760 will go on to the Senate Committee on Commerce and Tourism to be heard.

AIF SUPPORTS legislation to clarify existing law and protect Florida businesses from foreign judgments that are not compatible with the requirements of due process of law.