The Coral Gables-based auxiliary of Odebrecht, a Brazilian engineering and construction conglomerate, sued a state Monday over a quarrelsome new Florida law that bans governments from employing companies with business ties to Cuba.
The lawsuit, filed in Miami sovereign court, contends that a law is unenforceable and unconstitutional since it sets unfamiliar process — a energy that a courts have ruled belongs usually to a sovereign government.
The law would demarcate state and internal supervision agencies from awarding contracts value during slightest $1 million to Odebrecht Construction Inc. — among others — since a auxiliary of a primogenitor association is upgrading a Cuban Port of Mariel.
Gov. Rick Scott caused an conflict final month when he sealed a law in a rite during Miami’s Freedom Tower, usually to emanate a matter shortly following suggesting a law was unconstitutional. The administrator after retreated from that stance, observant he corroborated a law and that his administration would urge it opposite a expected authorised challenge.
A Scott orator declined to criticism Monday since a governor’s bureau had not nonetheless perceived a duplicate of a lawsuit.
Sen. Rene Garcia of Hialeah, one of dual Miami-Dade Republicans to unite a legislation, that perceived near-unanimous support from state lawmakers, pronounced a probity should defend a law.
“This is not about unfamiliar policy,” he pronounced after training about a lawsuit from a Miami Herald reporter. “I see it as a states’ rights issue. We have a right to confirm who we wish to do business with.”
In a lawsuit, however, Odebrecht argues that sovereign laws “do not sanction states to make their possess sanctions opposite Cuba.”
The association also records that it complies with a U.S. embargo on Cuba and “is remote and apart from, and has no hit with,” COI Overseas Ltd., a association operative on a Port of Mariel for Brazil-based primogenitor association Odebrecht S.A. Neither a Cuban associate nor a primogenitor association work in Florida, a lawsuit says.
Florida-based “Odebrecht USA does not engage, and never has engaged, in business operations in Cuba,” a association pronounced in a matter Monday in that it lamented carrying to sue a state group “with that we have worked so successfully in a past.”
Odebrecht sued Ananth Prasad, secretary of a Florida Department of Transportation. Though FDOT has not denied Odebrecht a ability to contest on any bids yet, a group sensitive a association that it skeleton to make a new state law when it is scheduled to take outcome Jul 1. Odebrecht intends to bid on approximately $3.3 billion in FDOT contracts this year, a lawsuit says.
Odebrecht is seeking a proxy claim to dissuade evident coercion of a law, pronounced a company’s lawyer, Raoul Cantero, a former Florida Supreme Court probity who is now a partner with a Miami law organisation White Case.
“We consider a government is bootleg on a face, regardless of anybody behest on anything,” Cantero said.
As precedent, Cantero cited a 2000 U.S. Supreme Court statute distinguished down a Massachusetts law restricting business with companies tied to Myanmar. He also referred to dual internal cases.
In 2000, a sovereign decider ruled opposite Miami-Dade County’s requirement that companies contention sworn statements observant they did not work in Cuba. In 2009, another sovereign decider overturned a 2008 Florida law requiring transport agencies specializing in trips to Cuba to compensate increasing fees and bonds.