HB 7259

1
A bill to be entitled
2An act relating to class action lawsuits; providing
3requirements for capacity to file a class action; limiting
4actions to Florida residents; providing exceptions;
5eliminating private class action recovery of statutory
6penalties in certain actions unless actual damages are
7alleged and proven; providing that the Attorney General's
8ability to seek statutory penalties is not affected;
9providing for availability of nonmonetary relief;
10providing no effect on class action lawsuits involving
11civil rights laws; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Capacity to sue.--
16     (1)(a)  In any action asserting the right to class action
17status, the claimant class having capacity to sue shall be
18limited to residents of this state at the time of the alleged
19misconduct, except as provided in paragraph (b).
20     (b)1.  Before issuing a class certification order, the
21court hearing an action asserting the right to class action
22status may expand a class to include any nonresident whose claim
23is recognized within the claimant's state of residence and is
24not time barred, but whose rights cannot be asserted because the
25claimant's state of residence lacks personal jurisdiction over
26the defendant or defendants.
27     2.  In addition, the claimant class may include
28nonresidents if the conduct giving rise to the claim occurred in
29or emanated from this state.
30     (2)  Notwithstanding any law to the contrary, in order to
31maintain a class action seeking statutory penalties under
32chapters 320, 501, 520, and 521, Florida Statutes, the class
33action claimants must allege and prove actual damages. This
34section does not limit or restrict the ability of the Attorney
35General to bring a class action for the recovery of statutory
36penalties, if otherwise authorized by law. However, class action
37claimants may seek to obtain, if appropriate, nonmonetary
38relief, including injunctive relief, orders or declaratory
39relief, and orders or judgments enjoining wrongful conduct,
40regardless of whether the class action claimants can prove any
41actual monetary damages. This section does not in any way limit
42or restrict the availability of such nonmonetary relief.
43     (3)  This section does not affect any class action lawsuits
44involving federal or state civil rights laws.
45     Section 2.  This act shall take effect July 1, 2006.


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