Fla. R. Civ. P. 1.220

Class Actions

sha256 f1ca4c68376aaa9bfd2af497a4ede76c… · retrieved 7/11/2026, 11:08:23 AM · The Florida Bar consolidated ed. eff. 04-01-2026 · verified 7/11/2026 by founder-directive-2026-07-11

RULE 1.220. 	CLASS ACTIONS
(a) 	Prerequisites to Class Representation. Before any
claim or defense may be maintained on behalf of a class by one
party or more suing or being sued as the representative of all the
members of a class, the court shall first conclude that (1) the
members of the class are so numerous that separate joinder of each
member is impracticable, (2) the claim or defense of the
representative party raises questions of law or fact common to the
questions of law or fact raised by the claim or defense of each
member of the class, (3) the claim or defense of the representative
party is typical of the claim or defense of each member of the class,
and (4) the representative party can fairly and adequately protect
and represent the interests of each member of the class.
(b) 	Claims and Defenses Maintainable. A claim or defense
may be maintained on behalf of a class if the court concludes that
the prerequisites of subdivision (a) are satisfied, and that:

(1) 	the prosecution of separate claims or defenses by or
against individual members of the class would create a risk of
either:
(A) 	inconsistent or varying adjudications
concerning individual members of the class which would establish
incompatible standards of conduct for the party opposing the class;
or
(B) 	adjudications concerning individual members
of the class which would, as a practical matter, be dispositive of the
interests of other members of the class who are not parties to the
adjudications, or substantially impair or impede the ability of other
members of the class who are not parties to the adjudications to
protect their interests; or
(2) 	the party opposing the class has acted or refused to
act on grounds generally applicable to all the members of the class,
thereby making final injunctive relief or declaratory relief
concerning the class as a whole appropriate; or
(3) 	the claim or defense is not maintainable under
either subdivision (b)(1) or (b)(2), but the questions of law or fact
common to the claim or defense of the representative party and the
claim or defense of each member of the class predominate over any
question of law or fact affecting only individual members of the
class, and class representation is superior to other available
methods for the fair and efficient adjudication of the controversy.
The conclusions shall be derived from consideration of all relevant
facts and circumstances, including (A) the respective interests of
each member of the class in individually controlling the prosecution
of separate claims or defenses, (B) the nature and extent of any
pending litigation to which any member of the class is a party and
in which any question of law or fact controverted in the subject
action is to be adjudicated, (C) the desirability or undesirability of
concentrating the litigation in the forum where the subject action is
instituted, and (D) the difficulties likely to be encountered in the
management of the claim or defense on behalf of a class.

(c) 	Pleading Requirements. Any pleading, counterclaim, or
crossclaim alleging the existence of a class shall contain the
following:
(1) 	Next to its caption the designation: “Class
Representation.”
(2) 	Under a separate heading, designated as “Class
Representation Allegations,” specific recitation of:
(A) 	the particular provision of subdivision (b)
under which it is claimed that the claim or defense is maintainable
on behalf of a class;
(B) 	the questions of law or fact that are common
to the claim or defense of the representative party and the claim or
defense of each member of the class;
(C) 	the particular facts and circumstances that
show the claim or defense advanced by the representative party is
typical of the claim or defense of each member of the class;
(D) 	(i) the approximate number of class members,
(ii) a definition of the alleged class, and (iii) the particular facts and
circumstances that show the representative party will fairly and
adequately protect and represent the interests of each member of
the class; and
(E) 	the particular facts and circumstances that
support the conclusions required of the court in determining that
the action may be maintained as a class action pursuant to the
particular provision of subdivision (b) under which it is claimed that
the claim or defense is maintainable on behalf of a class.
(d) 	Determination of Class Representation; Notice;
Judgment: Claim or Defense Maintained Partly on Behalf of a
Class.
(1) 	As soon as practicable after service of any pleading
alleging the existence of a class under this rule and before service of

an order for pretrial conference or a notice for trial, after hearing
the court shall enter an order determining whether the claim or
defense is maintainable on behalf of a class on the application of
any party or on the court’s initiative. Irrespective of whether the
court determines that the claim or defense is maintainable on
behalf of a class, the order shall separately state the findings of fact
and conclusions of law upon which the determination is based. In
making the determination the court (A) may allow the claim or
defense to be so maintained, and, if so, shall state under which
subsection of subdivision (b) the claim or defense is to be
maintained, (B) may disallow the class representation and strike the
class representation allegations, or (C) may order postponement of
the determination pending the completion of discovery concerning
whether the claim or defense is maintainable on behalf of a class. If
the court rules that the claim or defense shall be maintained on
behalf of a class under subdivision (b)(3), the order shall also
provide for the notice required by subdivision (d)(2). If the court
rules that the claim or defense shall be maintained on behalf of a
class under subdivision (b)(1) or subdivision (b)(2), the order shall
also provide for the notice required by subdivision (d)(2), except
when a showing is made that the notice is not required, the court
may provide for another kind of notice to the class as is
appropriate. When the court orders postponement of its
determination, the court shall also establish a date, if possible, for
further consideration and final disposition of the motion. An order
under this subsection may be conditional and may be altered or
amended before entry of a judgment on the merits of the action.
(2) 	As soon as is practicable after the court determines
that a claim or defense is maintainable on behalf of a class, notice
of the pendency of the claim or defense shall be given by the party
asserting the existence of the class to all the members of the class.
The notice shall be given to each member of the class who can be
identified and located through reasonable effort and shall be given
to the other members of the class in the manner determined by the
court to be most practicable under the circumstances. Unless
otherwise ordered by the court, the party asserting the existence of
the class shall initially pay for the cost of giving notice. The notice
shall inform each member of the class that (A) any member of the

class who files a statement with the court by the date specified in
the notice asking to be excluded shall be excluded from the class,
(B) the judgment, whether favorable or not, will include all members
who do not request exclusion, and (C) any member who does not
request exclusion may make a separate appearance within the time
specified in the notice.
(3) 	The judgment determining a claim or defense
maintained on behalf of a class under subdivision (b)(1) or (b)(2),
whether or not favorable to the class, shall include and describe
those persons whom the court finds to be members of the class. The
judgment determining a claim or defense maintained on behalf of a
class under subdivision (b)(3), whether or not favorable to the class,
shall include and identify those to whom the notice provided in
subdivision (d)(2) was directed, who have not requested exclusion
and whom the court finds to be members of the class.
(4) 	When appropriate, (A) a claim or defense may be
brought or maintained on behalf of a class concerning particular
issues, or (B) class representation may be divided into subclasses,
and each subclass may be treated as a separate and distinct class
and the provisions of this rule shall be applied accordingly.
(e) 	Dismissal or Compromise. After a claim or defense is
determined to be maintainable on behalf of a class under
subdivision (d), the claim or defense shall not be voluntarily
withdrawn, dismissed, or compromised without approval of the
court after notice and hearing. Notice of any proposed voluntary
withdrawal, dismissal, or compromise shall be given to all members
of the class as the court directs.
Committee Notes
1980 Amendment. The class action rule has been completely
revised to bring it in line with modern practice. The rule is based on
Federal Rule of Civil Procedure 23, but a number of changes have
been made to eliminate problems in the federal rule through court
decisions. Generally, the rule provides for the prerequisites to class
representation, an early determination about whether the claim or
defense is maintainable on behalf of a class, notice to all members

of the class, provisions for the members of the class to exclude
themselves, the form of judgment, and the procedure governing
dismissal or compromise of a claim or defense maintained on behalf
of a class. The prerequisites of subdivision (a) are changed from
those in federal rule 23 only to the extent necessary to incorporate
the criteria enunciated in Port Royal v. Conboy, 154 So. 2d 734 (Fla.
2d DCA 1963). The notice requirements have been made more
explicit and stringent than those in the federal rule.

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