Ignore Florida Law on Cuba Trade, County Attorney Says

[Judi Lynn]

Ignore Florida Law on Cuba Trade, County Attorney Says
Reuters
11:20 a.m. CDT, March 22, 2012

MIAMI, March 22 (Reuters) - Florida had no authority to
enact a pending law that would prohibit local governments from
hiring firms that do business with Cuba because federal law
trumps state law when it comes to foreign policy, the Miami-Dade
county attorney has advised.

County Attorney Robert Cuevas said Miami-Dade should not
enforce the law now awaiting Governor Rick Scott's signature.

The new law is the latest in a long-running series of
attempts to set foreign policy toward Cuba at the local level in
Florida, which is home to about 1.2 million Cuban Americans.

It would bar local governments from awarding contracts of $1
million or more to companies that engage in business with Cuba.
It would also require companies bidding on such contracts to
submit affidavits certifying they do not do business in Cuba.

More:
http://www.chicagotribune.com/sns-rt-usa-cubafloridal1e8em2im-20120322,0,2373089.story

[Gman]

1. Unconstitutional on its face

[Judi Lynn]

2. Miami-Dade advised not to follow new Fla. law restricting hiring of businesses linked to Cuba

Miami-Dade advised not to follow new Fla. law restricting hiring of businesses linked to Cuba

By Patricia Mazzei
[e-mail]

Miami-Dade should not enforce a new state law that prohibits the hiring of companies with business ties to Cuba because it conflicts with federal law, according to an opinion issued Wednesday by the county’s chief attorney.

Robert Cuevas concluded that the terms of Florida House Bill 959 that refer to Cuba cannot be enforced until the federal government authorizes states to enact such procurement limitations, or a federal court finds the law constitutional.

He based his opinion on legal precedent — including federal rulings in Florida and Miami-Dade cases — holding that state and local governments cannot interfere with the federal government’s ability to set foreign policy, echoing critics of the law who have called it unconstitutional.

Federal law already prohibits American companies from doing business with Cuba, via the U.S. trade embargo on the island. The new state law, among other things, prevents local governments from hiring foreign firms that work in Cuba, directly or through affiliates, for contracts worth at least $1 million.

More: http://www.miamiherald.com/2012/03/21/v-print/2706486/miami-dade-advised-not-to-follow.html#storylink=cpy#storylink=cpy#storylink=cpy