1 | A bill to be entitled |
2 | An act relating to warranty associations; amending s. |
3 | 634.271, F.S.; providing an exemption from penalty |
4 | provisions for certain service warranties; providing |
5 | actual damages and costs for violations for which such |
6 | statutory penalties do not apply; providing retroactive |
7 | applicability; providing an effective date. |
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9 | Be It Enacted by the Legislature of the State of Florida: |
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11 | Section 1. Subsection (5) is added to section 634.271, |
12 | Florida Statutes, to read: |
13 | 634.271 Civil remedy.-- |
14 | (5) The penalty provisions in ss. 520.12 and 521.006, as |
15 | well as the statutory penalty in subsection (1), do not apply to |
16 | any violation of this part or chapters 520 and 521 relating to |
17 | or in connection with the sale or failure to disclose in a |
18 | retail installment contract or lease, prior to April 23, 2002, |
19 | of a vehicle protection product, or contract or agreement that |
20 | provides for payment of vehicle protection expenses, as defined |
21 | in s. 634.011(7)(b)1., so long as the sale of such product, |
22 | contract, or agreement was otherwise disclosed to the consumer |
23 | in writing at the time of the purchase or lease. However, in the |
24 | event of a violation for which such statutory penalties do not |
25 | apply, the court shall award actual damages and costs, including |
26 | a reasonable attorney's fee. Nothing in this subsection shall be |
27 | construed to require the application of the referenced statutory |
28 | penalty provisions where this subsection is not applicable. |
29 | Section 2. This act shall take effect upon becoming a law |
30 | and shall apply retroactively to January 1, 1998. |