Senate Bill sb2564e1

    CS for SB 2564                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to class action lawsuits;

  3         creating s. 774.01, F.S.; providing

  4         requirements for capacity to file a class

  5         action; limiting actions to Florida residents;

  6         providing exceptions; providing requirements

  7         for monetary relief; eliminating private class

  8         action recovery of statutory penalties and

  9         other forms of monetary relief other than

10         actual damages; providing monetary relief;

11         providing for availability of nonmonetary

12         relief; providing no effect on class action

13         lawsuits involving civil rights laws; providing

14         an effective date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Section 774.01, Florida Statutes, is

19  created to read:

20         774.01  Capacity to sue.--

21         (1)(a)  In any action asserting the right to class

22  action status, the claimant class with capacity to sue shall

23  be limited to residents of this state at the time of the

24  alleged misconduct, except as provided in paragraph (b).

25         (b)  Prior to issuance of the certification order, the

26  court may expand a class to include any nonresident whose

27  claim is recognized within the claimant's state of residence

28  and is not time-barred, but whose rights cannot be asserted

29  because the claimant's state of residence lacks personal

30  jurisdiction over the defendant or defendants. In addition,

31  the claimant class may include nonresidents if the conduct


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    CS for SB 2564                                 First Engrossed



 1  giving rise to the claim occurred in or emanated from this

 2  state.

 3         (2)  Notwithstanding any law to the contrary, in order

 4  to maintain a class action seeking monetary relief, the class

 5  must allege and prove actual damages. In any such class

 6  action, the monetary recovery shall be limited to the amount

 7  of actual damages. Nothing in this section shall be construed

 8  to limit or restrict the ability of the Attorney General to

 9  bring a class action for the recovery of statutory penalties,

10  if otherwise authorized by law. However, class action

11  claimants may seek to obtain, if appropriate, nonmonetary

12  relief, including injunctive relief and orders or declaratory

13  relief and orders or judgments enjoining wrongful conduct,

14  regardless of whether the class action claimants can prove any

15  actual monetary damages. Nothing in this section shall be

16  construed to in any way limit or restrict the availability of

17  such nonmonetary relief.

18         Section 2.  This act does not affect any class action

19  lawsuits involving federal or state civil rights laws.

20         Section 3.  This act shall take effect July 1, 2005.

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