THE BILL ITSELF
HB 119
Shari'a and Other Foreign Law
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A bill to be entitled
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An act relating to application of Shari'a and other
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foreign law; creating s. 45.085, F.S.; providing a
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short title; providing legislative findings; defining
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the term "foreign law, legal code, or system";
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providing that certain rulings, decisions, or
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contractual provisions are void and unenforceable if
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such rulings, decisions, or contractual provisions
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allow the application of Shari'a or certain foreign
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laws, legal codes, or systems; providing construction;
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amending s. 47.122, F.S.; prohibiting the transfer of
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certain civil actions to another court; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 45.085, Florida Statutes, is created to
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read:
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45.085 Application of Shari'a and other foreign law.—
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(1) This act may be cited as the "No Shari'a Act."
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(2) The Legislature recognizes the right to freely
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contract under state law but finds that such right must be
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circumscribed when the application of foreign law would violate
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the fundamental liberties, rights, and privileges guaranteed by
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the United States Constitution and the State Constitution,
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including, but not limited to, equal protection, due process of
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law, free exercise of religion, freedom of speech and the press,
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the right of privacy, and the right of marriage.
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(3) As used in this act, the term "foreign law, legal
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code, or system" means any law, legal code, or system of a
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jurisdiction outside of any state or territory of the United
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States, including international organizations and tribunals.
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(4)(a) A ruling or decision of a state court, arbitration
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panel, tribunal, or administrative agency which is based, in
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whole or in part, on Shari'a or any foreign law, legal code, or
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system;
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(b) A contract, or contractual provision if severable,
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which provides for the choice of Shari'a or any foreign law,
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legal code, or system; or
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(c) A contract, or contractual provision if severable,
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which grants jurisdiction to a foreign tribunal
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is void and unenforceable if such ruling, decision, or provision
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allows the application of Shari'a or any foreign law, legal
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code, or system that denies the parties the fundamental
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liberties, rights, and privileges guaranteed under the United
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States Constitution or the State Constitution.
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(5) This act does not:
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(a) Disapprove or abrogate existing precedent of the
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Florida Supreme Court;
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(b) Limit adjudication of ecclesiastical matters of a
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religious organization, including the selection, appointment,
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discipline, or removal of clergy or interpretation of doctrine;
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(c) Apply to corporations, partnerships, or associations
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that voluntarily subject themselves to foreign law or courts; or
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(d) Apply where federal law preempts state law, including
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obligations under treaties or international agreements.
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Section 2. Section 47.122, Florida Statutes, is amended to
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read:
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47.122 Change of venue; convenience of parties or
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witnesses or in the interest of justice; prohibition.—
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(1) Except as provided in subsection (2), for the
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convenience of the parties or witnesses or in the interest of
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justice, any court of record may transfer any civil action to
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any other court of record in which it might have been brought.
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(2) A state court, arbitration panel, tribunal, or
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administrative agency may not transfer any civil action under
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this section if such transfer would result in the application of
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Shari'a or any foreign law, legal code, or system that would
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violate or likely violate the fundamental liberties, rights, and
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privileges of the parties guaranteed under the United States
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Constitution or the State Constitution.
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Section 3. This act shall take effect July 1, 2026.