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Eleventh Circuit Tosses Florida's Business-With-Cuba Law
Daily Business Review
A federal appeals court Monday upheld a Miami judge's decision striking down a Florida law prohibiting government agencies from hiring companies with business ties to Cuba.
The decision said the law passed by Florida lawmakers in 2012 is most likely unconstitutional and infringes on the powers of the presidency.
Coral Gables, Fla.-based Odebrecht Construction Inc., a subsidiary of Brazil-based Odebrecht S.A., obtained a temporary injunction from U.S. District Judge K. Michael Moore last June to block the law from taking affect.
The company has been instrumental in building some of the city's better known buildings, including the Adrienne Arsht Center for the Performing Arts and the American Airlines Arena.
The state appealed to the U.S. Court of Appeals for the Eleventh Circuit in Atlanta, and a three-judge panel affirmed the lower court decision in a strongly worded 44-page decision.
Circuit Judge Stanley Marcus, writing for the unanimous panel, blasted the Florida Legislature's effort, saying, "The amendment reaches far beyond the federal law in numerous ways and undermines the president's exercise of the discretion afforded him by Congress to direct our nation's economic policy towards Cuba."
Senior Judge Susan Black and Senior Sixth Circuit Court of Appeals Judge Eugene E. Siler Jr., visiting from Kentucky, rounded out the appellate panel.