Senate Bill sb2498

    Florida Senate - 2005                                  SB 2498

    By Senator Campbell





    32-1423-05                                              See HB

  1                      A bill to be entitled

  2         An act relating to warranty associations;

  3         amending s. 634.271, F.S.; providing an

  4         exemption from penalty provisions for certain

  5         service warranties; providing actual damages

  6         and costs for violations for which such

  7         statutory penalties do not apply; providing

  8         retroactive applicability; providing an

  9         effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Subsection (5) is added to section 634.271,

14  Florida Statutes, to read:

15         634.271  Civil remedy.--

16         (5)  The penalty provisions in ss. 520.12 and 521.006,

17  as well as the statutory penalty in subsection (1), do not

18  apply to any violation of this part or chapters 520 and 521

19  relating to or in connection with the sale or failure to

20  disclose in a retail installment contract or lease, prior to

21  April 23, 2002, of a vehicle protection product, or contract

22  or agreement that provides for payment of vehicle protection

23  expenses, as defined in s. 634.011(7)(b)1., so long as the

24  sale of such product, contract, or agreement was otherwise

25  disclosed to the consumer in writing at the time of the

26  purchase or lease. However, in the event of a violation for

27  which such statutory penalties do not apply, the court shall

28  award actual damages and costs, including a reasonable

29  attorney's fee. Nothing in this subsection shall be construed

30  to require the application of the referenced statutory penalty

31  provisions where this subsection is not applicable.

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    Florida Senate - 2005                                  SB 2498
    32-1423-05                                              See HB




 1         Section 2.  This act shall take effect upon becoming a

 2  law and shall apply retroactively to January 1, 1998.

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