HB 1545CS

CHAMBER ACTION




1The Civil Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to warranty associations; amending s.
7634.271, F.S.; providing an exemption from penalty
8provisions for certain service warranties; providing
9actual damages and costs for violations for which such
10statutory penalties do not apply; providing retroactive
11applicability; amending s. 634.401, F.S.; revising the
12definition of "service warranty"; providing that certain
13maintenance service contracts must be covered by a
14specific contractual liability policy; providing an
15effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Subsection (5) is added to section 634.271,
20Florida Statutes, to read:
21     634.271  Civil remedy.--
22     (5)  The penalty provisions in ss. 520.12 and 521.006, as
23well as the statutory penalty in subsection (1), do not apply to
24any violation of this part or chapters 520 and 521 relating to
25or in connection with the sale or failure to disclose in a
26retail installment contract or lease, prior to April 23, 2002,
27of a vehicle protection product, or contract or agreement that
28provides for payment of vehicle protection expenses, as defined
29in s. 634.011(7)(b)1., so long as the sale of such product,
30contract, or agreement was otherwise disclosed to the consumer
31in writing at the time of the purchase or lease. However, in the
32event of a violation for which such statutory penalties do not
33apply, the court shall award actual damages and costs, including
34a reasonable attorney's fee. Nothing in this subsection shall be
35construed to require the application of the referenced statutory
36penalty provisions where this subsection is not applicable.
37     Section 2.  Subsection (13) of section 634.401, Florida
38Statutes, is amended to read:
39     634.401  Definitions.--As used in this part, the term:
40     (13)  "Service warranty" means any warranty, guaranty,
41extended warranty or extended guaranty, maintenance service
42contract equal to or greater than 1 year in length or which does
43not meet the exemption in paragraph (a), contract agreement, or
44other written promise for a specific duration to perform the
45repair, replacement, or maintenance of a consumer product or for
46indemnification for repair, replacement, or maintenance, for the
47operational or structural failure due to a defect in materials
48or workmanship, normal wear and tear, power surge, or accidental
49damage from handling to indemnify against the cost of repair or
50replacement of a consumer product in return for the payment of a
51segregated charge by the consumer; however:
52     (a)  Maintenance service contracts written for less than 1
53year or less which do not contain provisions for indemnification
54and which do not provide a discount to the consumer for any
55combination of parts and labor in excess of 20 percent during
56the effective period of such contract, motor vehicle service
57agreements, transactions exempt under s. 624.125, and home
58warranties subject to regulation under parts I and II of this
59chapter are excluded from this definition; and
60     (b)  The term "service warranty" does not include service
61contracts between consumers and condominium associations.
62     Section 3.  All maintenance service contracts that include
63coverage for accidental damage from handling must be covered by
64the contractual liability policy referenced in s. 634.406(3),
65Florida Statutes.
66     Section 4.  This act shall take effect upon becoming a law,
67and the creation of subsection (5) of section 634.271, Florida
68Statutes, by this act shall apply retroactively to January 1,
691998.


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