In this class action, the Plaintiff sued the City of Tampa over the constitutionality of the City’s Occupational License Tax. The Plaintiff then attempted to certify a plaintiffs class of all persons subject to the tax and a defendants class of all municipalities in Florida imposing the tax. The Trial Court certified each class and the municipalities appealed arguing that Florida’s home venue privilege required any action to be brought in each municipalities local court. The Second DCA agreed and dismissed all members of the class outside of Hillsborough County.
On remand, the remaining four defendants moved to decertify the class for lack of numerosity. The trial court granted the motion to decertify and the Second DCA upheld the decision finding that four members did not satisfy the numerosity requirements of Rule 1.220(a)(1), Fla. R. Civ. Pro.
See also the companion case Addison v. City of Tampa, 35 Fla. L. Wkly D761 (Fla. 2d DCA April 7, 2010) for information on the home rule venue privilege.