| 1 | A bill to be entitled |
| 2 | An act relating to class action lawsuits; creating s. |
| 3 | 778.01, F.S.; providing requirements for capacity to file |
| 4 | a class action; limiting actions to Florida residents; |
| 5 | providing exceptions; eliminating private class action |
| 6 | recovery of statutory penalties in certain actions unless |
| 7 | actual damages are alleged and proven; providing that the |
| 8 | Attorney General's ability to seek statutory penalties is |
| 9 | not affected; providing for availability of nonmonetary |
| 10 | relief; providing no effect on class action lawsuits |
| 11 | involving civil rights laws; providing an effective date. |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
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| 15 | Section 1. Section 778.01, Florida Statutes, is created to |
| 16 | read: |
| 17 | 778.01 Capacity to sue.-- |
| 18 | (1)(a) In any action asserting the right to class action |
| 19 | status, the claimant class having capacity to sue shall be |
| 20 | limited to residents of this state at the time of the alleged |
| 21 | misconduct, except as provided in paragraph (b). |
| 22 | (b)1. Before issuing a class certification order, the |
| 23 | court hearing an action asserting the right to class action |
| 24 | status may expand a class to include any nonresident whose claim |
| 25 | is recognized within the claimant's state of residence and is |
| 26 | not time barred, but whose rights cannot be asserted because the |
| 27 | claimant's state of residence lacks personal jurisdiction over |
| 28 | the defendant or defendants. |
| 29 | 2. In addition, the claimant class may include |
| 30 | nonresidents if the conduct giving rise to the claim occurred in |
| 31 | or emanated from this state. |
| 32 | (2) Notwithstanding any law to the contrary, in order to |
| 33 | maintain a class action seeking statutory penalties under |
| 34 | chapters 320, 501, 520, and 521, the class action claimants must |
| 35 | allege and prove actual damages. This section does not limit or |
| 36 | restrict the ability of the Attorney General to bring a class |
| 37 | action for the recovery of statutory penalties, if otherwise |
| 38 | authorized by law. However, class action claimants may seek to |
| 39 | obtain, if appropriate, nonmonetary relief, including injunctive |
| 40 | relief, orders or declaratory relief, and orders or judgments |
| 41 | enjoining wrongful conduct, regardless of whether the class |
| 42 | action claimants can prove any actual monetary damages. This |
| 43 | section does not in any way limit or restrict the availability |
| 44 | of such nonmonetary relief. |
| 45 | (3) This section does not affect any class action lawsuits |
| 46 | involving federal or state civil rights laws. |
| 47 | Section 2. This act shall take effect July 1, 2006. |