August 13, 2020
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_h1925e1
HB 1925

1
A bill to be entitled
2An act relating to class action lawsuits; creating s.
3774.01, F.S.; providing legislative findings; providing
4requirements for capacity to file a class action; limiting
5actions to Florida residents; providing exceptions;
6providing requirements for monetary relief; eliminating
7private class action recovery of statutory penalties and
8other forms of monetary relief other than actual damages;
9providing monetary relief; providing for availability of
10nonmonetary relief; creating s. 774.02, F.S.; requiring a
11specified demand to cure notice prior to filing a class
12action; providing for a cure period; providing for
13inspection of goods or evidence relevant to a claim;
14requiring that a plaintiff plead and prove specified
15elements relating to the cure period; providing specified
16defenses to a cause of action; providing an effective
17date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 774.01, Florida Statutes, is created to
22read:
23     774.01  Capacity to sue.--
24     (1)  The Legislature finds that nationwide class action
25lawsuits brought in Florida state courts can pose an
26unreasonable burden, in certain circumstances, on the judicial
27system at potentially great expense to Florida taxpayers with
28minimal benefits for Florida residents. The Legislature further
29finds that nationwide class action lawsuits brought in Florida
30state courts can result in cases of nationwide importance not
31being heard in the federal courts, can result in forum shopping
32not based on the jurisdiction with the greatest connection to
33the controversy, and can result in one state's imposing its view
34of the law on other states and binding the rights of the
35residents of those states.
36     (2)(a)  In any action asserting the right to class action
37status, the claimant class with capacity to sue shall be limited
38to residents of this state at the time of the alleged
39misconduct, except as provided in paragraph (b).
40     (b)  Prior to issuance of the certification order, the
41court may expand a class to include any nonresident whose claim
42is recognized within the claimant's state of residence and is
43not time barred, but whose rights cannot be asserted because the
44claimant's state of residence lacks personal jurisdiction over
45the defendant or defendants. In addition, the claimant class may
46include nonresidents if the conduct giving rise to the claim
47occurred in this state.
48     (3)  Notwithstanding any law to the contrary, in order to
49maintain a class action seeking monetary relief, the class must
50allege and prove actual damages. In any such class action, the
51monetary recovery shall be limited to the amount of actual
52damages. Nothing in this section shall be construed to limit or
53restrict the ability of the Attorney General to bring a class
54action for the recovery of statutory penalties, if otherwise
55authorized by law. However, class action claimants may seek to
56obtain, if appropriate, nonmonetary relief, including injunctive
57relief and orders or declaratory relief and orders or judgments
58enjoining wrongful conduct, regardless of whether the class
59action claimants can prove any actual monetary damages. Nothing
60in this section or in s. 774.02 shall be construed to in any way
61limit or restrict the availability of such nonmonetary relief.
62     Section 2.  Section 774.02, Florida Statutes, is created to
63read:
64     774.02  Demand to cure notice; opportunity to cure.--
65     (1)  As a prerequisite to filing a lawsuit seeking class
66action status, a complainant shall provide the person alleged to
67have committed the alleged misconduct with a demand to cure
68notice advising the person of the specific complaint in
69reasonable detail and:
70     (a)  If the complainant will seek damages, the amount of
71the loss suffered by the complainant and the members of the
72putative class as a result of the alleged misconduct, and the
73damages sought.
74     (b)  If, on behalf of the complainant and members of the
75putative class, the complainant will seek any nonmonetary
76relief, the remedy sought.
77
78The required demand to cure notice must be provided in writing
79and provided at least 60 days prior to filing suit.
80     (2)  The complainant submitting the demand to cure notice
81must state at the time of giving notice that the complainant
82seeks to act on behalf of a class. No class action shall be
83filed unless the person alleged to have committed the misconduct
84is given the required demand to cure notice.
85     (3)  During the 60-day period, the person provided with a
86demand to cure notice may request in writing that the
87complainant permit inspection of the goods or other evidence
88relevant to the claim in a reasonable manner and at a reasonable
89time and place. The complainant must grant any reasonable
90request to inspect in order to satisfy the obligation to permit
91a reasonable opportunity to cure.
92     (4)  Any settlement by a complainant purporting to affect
93the rights of any member of a putative class shall be approved
94by a court of competent jurisdiction pursuant to applicable
95federal or state rules of civil procedure and this section.
96     (5)  In addition to any requirements of the applicable
97rules of civil procedure and the underlying action, when suit is
98filed the plaintiff must plead and prove the following elements:
99     (a)  That the plaintiff provided the defendant with the
100required demand to cure notice.
101     (b)  That the defendant failed to cure within the time
102allowed.
103     (6)  A defendant shall have an absolute defense in an
104action seeking class action status if:
105     (a)  The complainant did not provide the defendant with a
106demand to cure notice;
107     (b)  The complainant denied the defendant a reasonable
108opportunity to inspect; or
109     (c)  The defendant tendered to the complainant the damages
110sought or the remedy proposed.
111     Section 3.  This act shall take effect July 1, 2005.


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