| 1 | A bill to be entitled |
| 2 | An act relating to class action lawsuits; creating s. |
| 3 | 774.01, F.S.; providing requirements for capacity to file |
| 4 | a class action; limiting actions to Florida residents; |
| 5 | providing exceptions; providing requirements for monetary |
| 6 | relief; providing for nonmonetary relief; requiring a |
| 7 | specified statement from a class member claiming monetary |
| 8 | relief; providing for discovery prior to filing such |
| 9 | statement; providing requirements for judgments; creating |
| 10 | s. 774.02, F.S.; requiring a specified demand to cure |
| 11 | notice prior to filing a class action; providing for a |
| 12 | cure period; providing for inspection of goods or evidence |
| 13 | relevant to a claim; requiring that a plaintiff plead and |
| 14 | prove specified elements relating to cure period; |
| 15 | providing specified defenses to a cause of action; |
| 16 | providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 774.01, Florida Statutes, is created to |
| 21 | read: |
| 22 | 774.01 Capacity to sue.-- |
| 23 | (1)(a) In any action asserting the right to class action |
| 24 | status, the claimant class with capacity to sue shall be limited |
| 25 | to residents of this state at the time of the alleged |
| 26 | misconduct, except as provided in paragraph (b). |
| 27 | (b) Prior to issuance of the certification order, the |
| 28 | court may expand a class to include any nonresident whose claim |
| 29 | is recognized within the claimant's state of residence and is |
| 30 | not time barred, but whose rights cannot be asserted because the |
| 31 | claimant's state of residence lacks personal jurisdiction over |
| 32 | the defendant or defendants. |
| 33 | (2)(a) Class action claimants must allege and prove actual |
| 34 | damages in order to obtain any monetary relief. However, class |
| 35 | action claimants may seek to obtain, if appropriate, nonmonetary |
| 36 | relief, including injunctive relief and orders or declaratory |
| 37 | relief and orders or judgments enjoining wrongful conduct, |
| 38 | regardless of whether the class action claimants can prove any |
| 39 | actual monetary damages. Nothing in this section or in s. 774.02 |
| 40 | shall be construed to in any way limit or restrict the |
| 41 | availability of such nonmonetary relief. |
| 42 | (b) Prior to the entry of a judgment against a defendant, |
| 43 | the court shall require each class member claiming entitlement |
| 44 | to monetary relief to submit a statement in a form prescribed by |
| 45 | the court identifying the specific dollar amount requested and |
| 46 | providing 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 |
| 49 | and provide documentation to the class action claimant in its |
| 50 | possession, as required by the court. |
| 51 | (d) No judgment shall be entered until the trier of fact |
| 52 | has determined the amount of money, if any, owed to each class |
| 53 | member based upon his or her individual proof. The amount of any |
| 54 | judgment shall not exceed the sum of money owed to each class |
| 55 | member in the aggregate. The judgment shall identify each member |
| 56 | of the class and his or her individual monetary award. |
| 57 | Section 2. Section 774.02, Florida Statutes, is created to |
| 58 | read: |
| 59 | 774.02 Demand to cure notice; opportunity to cure.-- |
| 60 | (1) As a prerequisite to filing a class action lawsuit, a |
| 61 | complainant shall present the person alleged to have committed |
| 62 | the alleged misconduct with a demand to cure notice advising the |
| 63 | person of the specific complaint in reasonable detail and: |
| 64 | (a) If the complainant will seek damages, the amount of |
| 65 | the loss suffered by the complainant as a result of the alleged |
| 66 | misconduct. |
| 67 | (b) If the complainant will seek any nonmonetary relief, |
| 68 | the remedy the complainant is seeking. |
| 69 |
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| 70 | The required demand to cure notice must be submitted in writing |
| 71 | and provided at least 60 days prior to filing suit. |
| 72 | (2) The complainant submitting the demand to cure notice |
| 73 | must state at the time of giving notice that the complainant is |
| 74 | acting on behalf of a class. No class action shall be filed |
| 75 | unless the person alleged to have committed the misconduct is |
| 76 | given the required demand to cure notice. |
| 77 | (3) During the 60-day period, the person presented with a |
| 78 | demand to cure notice may request in writing that the |
| 79 | complainant permit inspection of the goods or other evidence |
| 80 | relevant to the claim in a reasonable manner and at a reasonable |
| 81 | time and place. The complainant must grant any reasonable |
| 82 | request to inspect in order to satisfy the obligation to permit |
| 83 | a reasonable opportunity to cure. |
| 84 | (4) When suit is filed, the plaintiff must plead and prove |
| 85 | the following elements: |
| 86 | (a) That the party gave the defendant a reasonable |
| 87 | opportunity 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 |
| 90 | this chapter if: |
| 91 | (a) The complainant did not provide the defendant with a |
| 92 | demand to cure notice; |
| 93 | (b) The complainant denied the defendant a reasonable |
| 94 | opportunity to inspect; or |
| 95 | (c) The defendant tendered to the complainant the damages |
| 96 | sought or the remedy proposed. |
| 97 | Section 3. This act shall take effect July 1, 2005. |