Senate Bill sb2304c1

    Florida Senate - 2006                           CS for SB 2304

    By the Committee on Judiciary; and Senator Baker





    590-2333-06

  1                      A bill to be entitled

  2         An act relating to class action lawsuits;

  3         providing requirements for capacity to file a

  4         class action; limiting actions to Florida

  5         residents; providing exceptions; eliminating

  6         private class action recovery of statutory

  7         penalties in certain actions unless actual

  8         damages are alleged and proven; providing that

  9         the Attorney General's ability to seek

10         statutory penalties is not affected; providing

11         for availability of nonmonetary relief;

12         providing for 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.  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.

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






    Florida Senate - 2006                           CS for SB 2304
    590-2333-06




 1         2.  In addition, the claimant class may include

 2  nonresidents if the conduct giving rise to the claim occurred

 3  in or emanated from this state.

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

 5  to maintain a class action seeking statutory penalties under

 6  chapters 320, 501, 520, and 521, Florida Statutes, the class

 7  action claimants must allege and prove actual damages. This

 8  section does not limit or restrict the ability of the Attorney

 9  General to bring a class action for the recovery of statutory

10  penalties, if otherwise authorized by law. However, class

11  action claimants may seek to obtain, if appropriate,

12  nonmonetary relief, including injunctive relief, orders or

13  declaratory relief, and orders or judgments enjoining wrongful

14  conduct, regardless of whether the class action claimants can

15  prove any actual monetary damages. This section does not in

16  any way limit or restrict the availability of such nonmonetary

17  relief.

18         (3)  This section does not affect any class action

19  lawsuits involving federal or state civil rights laws.

20         Section 2.  This act shall take effect July 1, 2006.

21  

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                         Senate Bill 2304

24                                 

25  The committee substitute limits the scope of the requirement
    that class action plaintiffs allege and prove actual damages.
26  The requirement applies only to cases involving claims for
    statutory penalties under chs. 320, 501, 520, and 521, F.S.
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CODING: Words stricken are deletions; words underlined are additions.