1 | The Civil Justice Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to warranty associations; amending s. |
7 | 634.271, F.S.; providing an exemption from penalty |
8 | provisions for certain service warranties; providing |
9 | actual damages and costs for violations for which such |
10 | statutory penalties do not apply; providing retroactive |
11 | applicability; amending s. 634.401, F.S.; revising the |
12 | definition of "service warranty"; providing that certain |
13 | maintenance service contracts must be covered by a |
14 | specific contractual liability policy; providing an |
15 | effective date. |
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17 | Be It Enacted by the Legislature of the State of Florida: |
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19 | Section 1. Subsection (5) is added to section 634.271, |
20 | Florida Statutes, to read: |
21 | 634.271 Civil remedy.-- |
22 | (5) The penalty provisions in ss. 520.12 and 521.006, as |
23 | well as the statutory penalty in subsection (1), do not apply to |
24 | any violation of this part or chapters 520 and 521 relating to |
25 | or in connection with the sale or failure to disclose in a |
26 | retail installment contract or lease, prior to April 23, 2002, |
27 | of a vehicle protection product, or contract or agreement that |
28 | provides for payment of vehicle protection expenses, as defined |
29 | in s. 634.011(7)(b)1., so long as the sale of such product, |
30 | contract, or agreement was otherwise disclosed to the consumer |
31 | in writing at the time of the purchase or lease. However, in the |
32 | event of a violation for which such statutory penalties do not |
33 | apply, the court shall award actual damages and costs, including |
34 | a reasonable attorney's fee. Nothing in this subsection shall be |
35 | construed to require the application of the referenced statutory |
36 | penalty provisions where this subsection is not applicable. |
37 | Section 2. Subsection (13) of section 634.401, Florida |
38 | Statutes, is amended to read: |
39 | 634.401 Definitions.--As used in this part, the term: |
40 | (13) "Service warranty" means any warranty, guaranty, |
41 | extended warranty or extended guaranty, maintenance service |
42 | contract equal to or greater than 1 year in length or which does |
43 | not meet the exemption in paragraph (a), contract agreement, or |
44 | other written promise for a specific duration to perform the |
45 | repair, replacement, or maintenance of a consumer product or for |
46 | indemnification for repair, replacement, or maintenance, for the |
47 | operational or structural failure due to a defect in materials |
48 | or workmanship, normal wear and tear, power surge, or accidental |
49 | damage from handling to indemnify against the cost of repair or |
50 | replacement of a consumer product in return for the payment of a |
51 | segregated charge by the consumer; however: |
52 | (a) Maintenance service contracts written for less than 1 |
53 | year or less which do not contain provisions for indemnification |
54 | and which do not provide a discount to the consumer for any |
55 | combination of parts and labor in excess of 20 percent during |
56 | the effective period of such contract, motor vehicle service |
57 | agreements, transactions exempt under s. 624.125, and home |
58 | warranties subject to regulation under parts I and II of this |
59 | chapter are excluded from this definition; and |
60 | (b) The term "service warranty" does not include service |
61 | contracts between consumers and condominium associations. |
62 | Section 3. All maintenance service contracts that include |
63 | coverage for accidental damage from handling must be covered by |
64 | the contractual liability policy referenced in s. 634.406(3), |
65 | Florida Statutes. |
66 | Section 4. This act shall take effect upon becoming a law, |
67 | and the creation of subsection (5) of section 634.271, Florida |
68 | Statutes, by this act shall apply retroactively to January 1, |
69 | 1998. |