| 1 | The Justice Council recommends the following: |
| 2 |
|
| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to class action lawsuits; providing |
| 7 | requirements for capacity to file a class action; limiting |
| 8 | actions to Florida residents; providing exceptions; |
| 9 | eliminating private class action recovery of statutory |
| 10 | penalties in certain actions unless actual damages are |
| 11 | alleged and proven; providing that the Attorney General's |
| 12 | ability to seek statutory penalties is not affected; |
| 13 | providing for availability of nonmonetary relief; |
| 14 | providing no effect on class action lawsuits involving |
| 15 | civil rights laws; providing an effective date. |
| 16 |
|
| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
|
| 19 | Section 1. Capacity to sue.-- |
| 20 | (1)(a) In any action asserting the right to class action |
| 21 | status, the claimant class having capacity to sue shall be |
| 22 | limited to residents of this state at the time of the alleged |
| 23 | misconduct, except as provided in paragraph (b). |
| 24 | (b)1. Before issuing a class certification order, the |
| 25 | court hearing an action asserting the right to class action |
| 26 | status may expand a class to include any nonresident whose claim |
| 27 | is recognized within the claimant's state of residence and is |
| 28 | not 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. |
| 31 | 2. In addition, the claimant class may include |
| 32 | nonresidents if the conduct giving rise to the claim occurred in |
| 33 | or emanated from this state. |
| 34 | (2) Notwithstanding any law to the contrary, in order to |
| 35 | maintain a class action seeking statutory penalties under |
| 36 | chapters 320, 501, 520, and 521, Florida Statutes, the class |
| 37 | action claimants must allege and prove actual damages. This |
| 38 | section does not limit or restrict the ability of the Attorney |
| 39 | General to bring a class action for the recovery of statutory |
| 40 | penalties, if otherwise authorized by law. However, class action |
| 41 | claimants may seek to obtain, if appropriate, nonmonetary |
| 42 | relief, including injunctive relief, orders or declaratory |
| 43 | relief, and orders or judgments enjoining wrongful conduct, |
| 44 | regardless of whether the class action claimants can prove any |
| 45 | actual monetary damages. This section does not in any way limit |
| 46 | or restrict the availability of such nonmonetary relief. |
| 47 | (3) This section does not affect any class action lawsuits |
| 48 | involving federal or state civil rights laws. |
| 49 | Section 2. This act shall take effect July 1, 2006. |