| 1 | Representative Brisé offered the following: | 
| 2 | 
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| 3 |      Amendment (with title amendment) | 
| 4 |      Remove lines 358 - 360, insert: | 
| 5 | 
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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. | 
| 32 | 
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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; |