| 1 | Representative Simmons offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 27-39 and insert: |
| 5 | (1) The Legislature finds that nationwide class action |
| 6 | lawsuits brought in Florida state courts can pose an |
| 7 | unreasonable burden, in certain circumstances, on the judicial |
| 8 | system at potentially great expense to Florida taxpayers with |
| 9 | minimal benefits for Florida residents. The Legislature further |
| 10 | finds that nationwide class action lawsuits brought in Florida |
| 11 | state courts can result in cases of nationwide importance not |
| 12 | being heard in the federal courts, can result in forum shopping |
| 13 | not based on the jurisdiction with the greatest connection to |
| 14 | the controversy, and can result in one state's imposing its view |
| 15 | of the law on other states and binding the rights of the |
| 16 | residents of those states. |
| 17 | (2)(a) In any action asserting the right to class action |
| 18 | status, the claimant class with capacity to sue shall be limited |
| 19 | to residents of this state at the time of the alleged |
| 20 | misconduct, except as provided in paragraph (b). |
| 21 | (b) Prior to issuance of the certification order, the |
| 22 | court may expand a class to include any nonresident whose claim |
| 23 | is recognized within the claimant's state of residence and is |
| 24 | not time barred, but whose rights cannot be asserted because the |
| 25 | claimant's state of residence lacks personal jurisdiction over |
| 26 | the defendant or defendants. In addition, the claimant class may |
| 27 | include nonresidents if the conduct giving rise to the claim |
| 28 | occurred in this state. |
| 29 | (3) Notwithstanding any law to the contrary, in order to |
| 30 |
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| 31 | ================ T I T L E A M E N D M E N T ============= |
| 32 | Remove line 7 and insert: |
| 33 | 774.01, F.S.; providing legislative findings; providing |
| 34 | requirements for capacity to file |