Amendment
Bill No. CS/HB 643
Amendment No. 515637
CHAMBER ACTION
Senate House
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1Representative Brisé offered the following:
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3     Amendment to Amendment (533109) (with title amendment)
4     Remove line(s) 322-324 and insert:
5penalties 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-
8rescue consultant or equity purchaser for any violation of this
9section. Judgment must be entered for actual damages and
10consequential damages, reasonable attorney's fees and costs, and
11appropriate equitable relief, including, but not limited to, the
12rescission of any deed, mortgage, or other instrument signed by
13the homeowner or equity purchaser. The rights and remedies
14provided in this section are cumulative with, and not a
15limitation of, any other rights and remedies provided by law.
16Any action brought pursuant to this subsection must be commenced
17within 4 years after the date of the alleged violation.
18     (b)  In addition to any other damages available to a
19homeowner:
20     1.  The court may award damages up to one and one-half
21times the compensation charged by the foreclosure-rescue
22consultant if the court finds that the foreclosure-rescue
23consultant's conduct was in bad faith.
24     2.  For a violation of paragraph (5)(c), paragraph (5)(d),
25paragraph (5)(e), or paragraph (5)(f), the court may award
26damages no less than one and one-half times the actual damages.
27     (c)  Notwithstanding any other provision of this
28subsection, no action may be brought on the basis of a violation
29of this section except by a homeowner against whom the violation
30was committed or by the attorney general.
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T I T L E  A M E N D M E N T
35     Remove line 365 and insert:
36for penalties and remedies; providing for damages; authorizing
37homeowners to bring actions against certain persons for certain
38violations; providing for judgments for actual and consequential
39damages, attorney's fees and costs, and equitable relief;
40specifying rights and remedies as cumulative; providing a time
41limitation on bringing such actions; authorizing courts to award
42certain additional damages; repealing s. 501.2078, F.S.,
43relating to violations


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