1 | Representative Brisé offered the following: |
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3 | Amendment (with title amendment) |
4 | Remove lines 358 - 360, insert: |
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6 | penalties and remedies provided in part II of this chapter. |
7 | (8) ACTIONS FOR DAMAGES.-- |
8 | (a) A homeowner may bring an action against a foreclosure- |
9 | rescue consultant or equity purchaser for any violation of this |
10 | section. Judgment must be entered for actual damages and |
11 | consequential damages, reasonable attorney's fees and costs, and |
12 | appropriate equitable relief, including, but not limited to, the |
13 | rescission of any deed, mortgage, or other instrument signed by |
14 | the homeowner or equity purchaser. The rights and remedies |
15 | provided in this section are cumulative with, and not a |
16 | limitation of, any other rights and remedies provided by law. |
17 | Any action brought pursuant to this subsection must be commenced |
18 | within 4 years after the date of the alleged violation. |
19 | (b) In addition to any other damages available to a |
20 | homeowner: |
21 | 1. The court may award damages up to one and one-half |
22 | times the compensation charged by the foreclosure-rescue |
23 | consultant if the court finds that the foreclosure-rescue |
24 | consultant's conduct was in bad faith. |
25 | 2. For a violation of paragraph (5)(c), paragraph (5)(d), |
26 | paragraph (5)(e), or paragraph (5)(f), the court may award |
27 | damages no less than one and one-half times the actual damages. |
28 | (c) Notwithstanding any other provision of this |
29 | subsection, no action may be brought on the basis of a violation |
30 | of this section except by a homeowner against whom the violation |
31 | was committed or by the attorney general. |
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33 | ----------------------------------------------------- |
34 | T I T L E A M E N D M E N T |
35 | Remove line 34, and insert: |
36 | in part II of ch. 501, F.S.; providing for penalties and |
37 | remedies; providing for damages; authorizing homeowners to bring |
38 | actions against certain persons for certain violations; |
39 | providing for judgments for actual and consequential damages, |
40 | attorney's fees and costs, and equitable relief; specifying |
41 | rights and remedies as cumulative; providing a time limitation |
42 | on bringing such actions; authorizing courts to award certain |
43 | additional damages; |