| 1 | Representative Seiler offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Section 774.01, Florida Statutes, is created to |
| 6 | read: |
| 7 | 774.01 Capacity to sue.-- |
| 8 | (1)(a) In any action asserting the right to class action |
| 9 | status, the claimant class with capacity to sue shall be limited |
| 10 | to residents of this state at the time of the alleged |
| 11 | misconduct, except as provided in paragraph (b). |
| 12 | (b) Prior to issuance of the certification order, the |
| 13 | court may expand a class to include any nonresident whose claim |
| 14 | is recognized within the claimant's state of residence and is |
| 15 | not time barred, but whose rights cannot be asserted because the |
| 16 | claimant's state of residence lacks personal jurisdiction over |
| 17 | the defendant or defendants. In addition, the claimant class may |
| 18 | include nonresidents if the conduct giving rise to the claim |
| 19 | occurred in or emanated from this state. |
| 20 | (2) Notwithstanding any law to the contrary, in order to |
| 21 | maintain a class action seeking monetary relief, the class must |
| 22 | allege and prove either actual or statutory damages. Nothing in |
| 23 | this section shall be construed to limit or restrict the ability |
| 24 | of the Attorney General to bring a class action for the recovery |
| 25 | of statutory penalties, if otherwise authorized by law. Class |
| 26 | action claimants may also seek to obtain, if appropriate, |
| 27 | nonmonetary relief or future relief, including injunctive relief |
| 28 | and orders or declaratory relief and orders or judgments |
| 29 | enjoining wrongful conduct, regardless of whether the class |
| 30 | action claimants can prove any actual monetary damages or |
| 31 | statutory damages. Nothing in this section or in s. 774.02 shall |
| 32 | be construed to in any way limit or restrict the availability of |
| 33 | such nonmonetary relief. |
| 34 | Section 2. This act shall take effect July 1, 2005. |
| 35 |
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| 36 | ================= T I T L E A M E N D M E N T ================= |
| 37 | Remove the entire title and insert: |
| 38 | A bill to be entitled |
| 39 | An act relating to class action lawsuits; creating s. |
| 40 | 774.01, F.S.; providing requirements for capacity to file |
| 41 | a class action; limiting actions to Florida residents; |
| 42 | providing exceptions; providing requirements for monetary |
| 43 | relief; eliminating private class action recovery of |
| 44 | statutory penalties and other forms of monetary relief |
| 45 | other than actual damages; providing monetary relief; |
| 46 | providing for availability of nonmonetary relief; |
| 47 | providing an effective date. |