Senate Bill sb2304

    Florida Senate - 2006                                  SB 2304

    By Senator Baker





    20-1208-06

  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.

15  

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

17  

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 having 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)  Before issuing the certification order, the court

26  may expand a class to include any nonresident whose claim is

27  recognized within the claimant's state of residence and is not

28  time-barred, but whose rights cannot be asserted because the

29  claimant's state of residence lacks personal jurisdiction over

30  the defendant or defendants. In addition, the claimant class

31  

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2304
    20-1208-06




 1  may include nonresidents if the conduct giving rise to the

 2  claim occurred in or emanated from this 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. This section does not limit or restrict the

 8  ability of the Attorney General to bring a class action for

 9  the recovery of statutory penalties, if otherwise authorized

10  by law. However, class action claimants may seek to obtain, if

11  appropriate, nonmonetary relief, including injunctive relief,

12  orders or declaratory relief, and orders or judgments

13  enjoining wrongful conduct, regardless of whether the class

14  action claimants can prove any actual monetary damages. This

15  section does not in any way limit or restrict the availability

16  of such nonmonetary relief.

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

18  lawsuits involving federal or state civil rights laws.

19         Section 3.  This act shall take effect July 1, 2006.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Provides requirements for capacity to file a class
      action. Limits actions to Florida residents. Provides
24    exceptions. Provides requirements for monetary relief.
      Eliminates private class action recovery of statutory
25    penalties and other forms of monetary relief other than
      actual damages. Provides monetary relief. Provides for
26    availability of nonmonetary relief. Provides no effect on
      class action lawsuits involving civil rights laws.
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CODING: Words stricken are deletions; words underlined are additions.