August 13, 2020
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_h1925c1
HB 1925CS

CHAMBER ACTION




1The State Administration Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to class action lawsuits; creating s.
7774.01, F.S.; providing requirements for capacity to file
8a class action; limiting actions to Florida residents;
9providing exceptions; providing requirements for monetary
10relief; eliminating private class action recovery of
11statutory penalties and other forms of monetary relief
12other than actual damages; providing monetary relief;
13providing for availability of nonmonetary relief; creating
14s. 774.02, F.S.; requiring a specified demand to cure
15notice prior to filing a class action; providing for a
16cure period; providing for inspection of goods or evidence
17relevant to a claim; requiring that a plaintiff plead and
18prove specified elements relating to the cure period;
19providing specified defenses to a cause of action;
20providing an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Section 774.01, Florida Statutes, is created to
25read:
26     774.01  Capacity to sue.--
27     (1)(a)  In any action asserting the right to class action
28status, the claimant class with capacity to sue shall be limited
29to residents of this state at the time of the alleged
30misconduct, except as provided in paragraph (b).
31     (b)  Prior to issuance of the certification order, the
32court may expand a class to include any nonresident whose claim
33is recognized within the claimant's state of residence and is
34not time barred, but whose rights cannot be asserted because the
35claimant's state of residence lacks personal jurisdiction over
36the defendant or defendants. In addition, the claimant class may
37include nonresidents if the conduct giving rise to the claim
38occurred in this state.
39     (2)  Notwithstanding any law to the contrary, in order to
40maintain a class action seeking monetary relief, the class must
41allege and prove actual damages. In any such class action, the
42monetary recovery shall be limited to the amount of actual
43damages. Nothing in this section shall be construed to limit or
44restrict the ability of the Attorney General to bring a class
45action for the recovery of statutory penalties, if otherwise
46authorized by law. However, class action claimants may seek to
47obtain, if appropriate, nonmonetary relief, including injunctive
48relief and orders or declaratory relief and orders or judgments
49enjoining wrongful conduct, regardless of whether the class
50action claimants can prove any actual monetary damages. Nothing
51in this section or in s. 774.02 shall be construed to in any way
52limit or restrict the availability of such nonmonetary relief.
53     Section 2.  Section 774.02, Florida Statutes, is created to
54read:
55     774.02  Demand to cure notice; opportunity to cure.--
56     (1)  As a prerequisite to filing a lawsuit seeking class
57action status, a complainant shall provide the person alleged to
58have committed the alleged misconduct with a demand to cure
59notice advising the person of the specific complaint in
60reasonable detail and:
61     (a)  If the complainant will seek damages, the amount of
62the loss suffered by the complainant as a result of the alleged
63misconduct.
64     (b)  If the complainant will seek any nonmonetary relief,
65the remedy the complainant is seeking.
66
67The required demand to cure notice must be provided in writing
68and provided at least 60 days prior to filing suit.
69     (2)  The complainant submitting the demand to cure notice
70must state at the time of giving notice that the complainant
71seeks to act on behalf of a class. No class action shall be
72filed unless the person alleged to have committed the misconduct
73is given the required demand to cure notice.
74     (3)  During the 60-day period, the person provided with a
75demand to cure notice may request in writing that the
76complainant permit inspection of the goods or other evidence
77relevant to the claim in a reasonable manner and at a reasonable
78time and place. The complainant must grant any reasonable
79request to inspect in order to satisfy the obligation to permit
80a reasonable opportunity to cure.
81     (4)  Any settlement by a complainant purporting to affect
82the rights of any member of a putative class shall be approved
83by a court of competent jurisdiction pursuant to applicable
84federal or state rules of civil procedure.
85     (5)  In addition to any requirements of the applicable
86rules of civil procedure and the underlying action, when suit is
87filed the plaintiff must plead and prove the following elements:
88     (a)  That the plaintiff provided the defendant with the
89required demand to cure notice.
90     (b)  That the defendant failed to cure within the time
91allowed.
92     (6)  A defendant shall have an absolute defense in an
93action seeking class action status if:
94     (a)  The complainant did not provide the defendant with a
95demand to cure notice;
96     (b)  The complainant denied the defendant a reasonable
97opportunity to inspect; or
98     (c)  The defendant tendered to the complainant the damages
99sought or the remedy proposed.
100     Section 3.  This act shall take effect July 1, 2005.


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