August 13, 2020
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HB 1925

A bill to be entitled
2An act relating to class action lawsuits; creating s.
3774.01, F.S.; providing requirements for capacity to file
4a class action; limiting actions to Florida residents;
5providing exceptions; providing requirements for monetary
6relief; providing for nonmonetary relief; requiring a
7specified statement from a class member claiming monetary
8relief; providing for discovery prior to filing such
9statement; providing requirements for judgments; creating
10s. 774.02, F.S.; requiring a specified demand to cure
11notice prior to filing a class action; providing for a
12cure period; providing for inspection of goods or evidence
13relevant to a claim; requiring that a plaintiff plead and
14prove specified elements relating to cure period;
15providing specified defenses to a cause of action;
16providing an effective date.
18Be It Enacted by the Legislature of the State of Florida:
20     Section 1.  Section 774.01, Florida Statutes, is created to
22     774.01  Capacity to sue.--
23     (1)(a)  In any action asserting the right to class action
24status, the claimant class with capacity to sue shall be limited
25to residents of this state at the time of the alleged
26misconduct, except as provided in paragraph (b).
27     (b)  Prior to issuance of the certification order, the
28court may expand a class to include any nonresident whose claim
29is  recognized within the claimant's state of residence and is
30not time barred, but whose rights cannot be asserted because the
31claimant's state of residence lacks personal jurisdiction over
32the defendant or defendants.
33     (2)(a)  Class action claimants must allege and prove actual
34damages in order to obtain any monetary relief. However, class
35action claimants may seek to obtain, if appropriate, nonmonetary
36relief, including injunctive relief and orders or declaratory
37relief and orders or judgments enjoining wrongful conduct,
38regardless of whether the class action claimants can prove any
39actual monetary damages. Nothing in this section or in s. 774.02
40shall be construed to in any way limit or restrict the
41availability of such nonmonetary relief.
42     (b)  Prior to the entry of a judgment against a defendant,
43the court shall require each class member claiming entitlement
44to monetary relief to submit a statement in a form prescribed by
45the court identifying the specific dollar amount requested and
46providing information regarding the injury and damages.
47     (c)  Prior to submitting the form described in paragraph
48(b), the defendant shall be required to answer interrogatories
49and provide documentation to the class action claimant in its
50possession, as required by the court.
51     (d)  No judgment shall be entered until the trier of fact
52has determined the amount of money, if any, owed to each class
53member based upon his or her individual proof. The amount of any
54judgment shall not exceed the sum of money owed to each class
55member in the aggregate. The judgment shall identify each member
56of the class and his or her individual monetary award.
57     Section 2.  Section 774.02, Florida Statutes, is created to
59     774.02  Demand to cure notice; opportunity to cure.--
60     (1)  As a prerequisite to filing a class action lawsuit, a
61complainant shall present the person alleged to have committed
62the alleged misconduct with a demand to cure notice advising the
63person of the specific complaint in reasonable detail and:
64     (a)  If the complainant will seek damages, the amount of
65the loss suffered by the complainant as a result of the alleged
67     (b)  If the complainant will seek any nonmonetary relief,
68the remedy the complainant is seeking.
70The required demand to cure notice must be submitted in writing
71and provided at least 60 days prior to filing suit.
72     (2)  The complainant submitting the demand to cure notice
73must state at the time of giving notice that the complainant is
74acting on behalf of a class. No class action shall be filed
75unless the person alleged to have committed the misconduct is
76given the required demand to cure notice.
77     (3)  During the 60-day period, the person presented with a
78demand to cure notice may request in writing that the
79complainant permit inspection of the goods or other evidence
80relevant to the claim in a reasonable manner and at a reasonable
81time and place. The complainant must grant any reasonable
82request to inspect in order to satisfy the obligation to permit
83a reasonable opportunity to cure.
84     (4)  When suit is filed, the plaintiff must plead and prove
85the following elements:
86     (a)  That the party gave the defendant a reasonable
87opportunity to cure the alleged misconduct.
88     (b)  That the defendant failed to cure.
89     (5)  It is an absolute defense to a cause of action under
90this chapter if:
91     (a)  The complainant did not provide the defendant with a
92demand to cure notice;
93     (b)  The complainant denied the defendant a reasonable
94opportunity to inspect; or
95     (c)  The defendant tendered to the complainant the damages
96sought or the remedy proposed.
97     Section 3.  This act shall take effect July 1, 2005.

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