Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2304
Barcode 084500
CHAMBER ACTION
Senate House
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11 The Committee on Judiciary (Baker) recommended the following
12 amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Capacity to sue.--
19 (1)(a) In any action asserting the right to class
20 action status, the claimant class having capacity to sue shall
21 be limited to residents of this state at the time of the
22 alleged misconduct, except as provided in paragraph (b).
23 (b)1. Before issuing a class certification order, the
24 court hearing an action asserting the right to class action
25 status may expand a class to include any nonresident whose
26 claim is recognized within the claimant's state of residence
27 and is not time-barred, but whose rights cannot be asserted
28 because the claimant's state of residence lacks personal
29 jurisdiction over the defendant or defendants.
30 2. In addition, the claimant class may include
31 nonresidents if the conduct giving rise to the claim occurred
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10:38 AM 04/13/06 s2304d-ju20-z6g
Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2304
Barcode 084500
1 in or emanated from this state.
2 (2) Notwithstanding any law to the contrary, in order
3 to maintain a class action seeking statutory penalties under
4 chapters 320, 501, 520, and 521, Florida Statutes, the class
5 action claimants must allege and prove actual damages. This
6 section does not limit or restrict the ability of the Attorney
7 General to bring a class action for the recovery of statutory
8 penalties, if otherwise authorized by law. However, class
9 action claimants may seek to obtain, if appropriate,
10 nonmonetary relief, including injunctive relief, orders or
11 declaratory relief, and orders or judgments enjoining wrongful
12 conduct, regardless of whether the class action claimants can
13 prove any actual monetary damages. This section does not in
14 any way limit or restrict the availability of such nonmonetary
15 relief.
16 (3) This section does not affect any class action
17 lawsuits involving federal or state civil rights laws.
18 Section 2. This act shall take effect July 1, 2006.
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22 And the title is amended as follows:
23 Delete everything before the enacting clause
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25 and insert:
26 A bill to be entitled
27 An act relating to class action lawsuits;
28 providing requirements for capacity to file a
29 class action; limiting actions to Florida
30 residents; providing exceptions; eliminating
31 private class action recovery of statutory
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10:38 AM 04/13/06 s2304d-ju20-z6g
Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2304
Barcode 084500
1 penalties in certain actions unless actual
2 damages are alleged and proven; providing that
3 the Attorney General's ability to seek
4 statutory penalties is not affected; providing
5 for availability of nonmonetary relief;
6 providing for no effect on class action
7 lawsuits involving civil rights laws; providing
8 an effective date.
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