HB 1545

1
A bill to be entitled
2An act relating to warranty associations; amending s.
3634.271, F.S.; providing an exemption from penalty
4provisions for certain service warranties; providing
5actual damages and costs for violations for which such
6statutory penalties do not apply; providing retroactive
7applicability; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Subsection (5) is added to section 634.271,
12Florida Statutes, to read:
13     634.271  Civil remedy.--
14     (5)  The penalty provisions in ss. 520.12 and 521.006, as
15well as the statutory penalty in subsection (1), do not apply to
16any violation of this part or chapters 520 and 521 relating to
17or in connection with the sale or failure to disclose in a
18retail installment contract or lease, prior to April 23, 2002,
19of a vehicle protection product, or contract or agreement that
20provides for payment of vehicle protection expenses, as defined
21in s. 634.011(7)(b)1., so long as the sale of such product,
22contract, or agreement was otherwise disclosed to the consumer
23in writing at the time of the purchase or lease. However, in the
24event of a violation for which such statutory penalties do not
25apply, the court shall award actual damages and costs, including
26a reasonable attorney's fee. Nothing in this subsection shall be
27construed to require the application of the referenced statutory
28penalty provisions where this subsection is not applicable.
29     Section 2.  This act shall take effect upon becoming a law
30and shall apply retroactively to January 1, 1998.


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