| 1 | Representative Brisé offered the following: |
| 2 |
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| 3 | Amendment to Amendment (533109) (with title amendment) |
| 4 | Remove line(s) 322-324 and insert: |
| 5 | penalties and remedies provided in part II of this chapter. |
| 6 | (8) ACTIONS FOR DAMAGES.-- |
| 7 | (a) A homeowner may bring an action against a foreclosure- |
| 8 | rescue consultant or equity purchaser for any violation of this |
| 9 | section. Judgment must be entered for actual damages and |
| 10 | consequential damages, reasonable attorney's fees and costs, and |
| 11 | appropriate equitable relief, including, but not limited to, the |
| 12 | rescission of any deed, mortgage, or other instrument signed by |
| 13 | the homeowner or equity purchaser. The rights and remedies |
| 14 | provided in this section are cumulative with, and not a |
| 15 | limitation of, any other rights and remedies provided by law. |
| 16 | Any action brought pursuant to this subsection must be commenced |
| 17 | within 4 years after the date of the alleged violation. |
| 18 | (b) In addition to any other damages available to a |
| 19 | homeowner: |
| 20 | 1. The court may award damages up to one and one-half |
| 21 | times the compensation charged by the foreclosure-rescue |
| 22 | consultant if the court finds that the foreclosure-rescue |
| 23 | consultant's conduct was in bad faith. |
| 24 | 2. For a violation of paragraph (5)(c), paragraph (5)(d), |
| 25 | paragraph (5)(e), or paragraph (5)(f), the court may award |
| 26 | damages no less than one and one-half times the actual damages. |
| 27 | (c) Notwithstanding any other provision of this |
| 28 | subsection, no action may be brought on the basis of a violation |
| 29 | of this section except by a homeowner against whom the violation |
| 30 | was committed or by the attorney general. |
| 31 |
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| 32 |
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| 33 | ----------------------------------------------------- |
| 34 | T I T L E A M E N D M E N T |
| 35 | Remove line 365 and insert: |
| 36 | for penalties and remedies; providing for damages; authorizing |
| 37 | homeowners to bring actions against certain persons for certain |
| 38 | violations; providing for judgments for actual and consequential |
| 39 | damages, attorney's fees and costs, and equitable relief; |
| 40 | specifying rights and remedies as cumulative; providing a time |
| 41 | limitation on bringing such actions; authorizing courts to award |
| 42 | certain additional damages; repealing s. 501.2078, F.S., |
| 43 | relating to violations |