| 1 | A bill to be entitled |
| 2 | An act relating to warranty associations; amending s. |
| 3 | 634.271, F.S.; providing an exemption from penalty |
| 4 | provisions for certain service warranties; providing |
| 5 | actual damages and costs for violations for which such |
| 6 | statutory penalties do not apply; providing retroactive |
| 7 | applicability; providing an effective date. |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
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| 11 | Section 1. Subsection (5) is added to section 634.271, |
| 12 | Florida Statutes, to read: |
| 13 | 634.271 Civil remedy.-- |
| 14 | (5) The penalty provisions in ss. 520.12 and 521.006, as |
| 15 | well as the statutory penalty in subsection (1), do not apply to |
| 16 | any violation of this part or chapters 520 and 521 relating to |
| 17 | or in connection with the sale or failure to disclose in a |
| 18 | retail installment contract or lease, prior to April 23, 2002, |
| 19 | of a vehicle protection product, or contract or agreement that |
| 20 | provides for payment of vehicle protection expenses, as defined |
| 21 | in s. 634.011(7)(b)1., so long as the sale of such product, |
| 22 | contract, or agreement was otherwise disclosed to the consumer |
| 23 | in writing at the time of the purchase or lease. However, in the |
| 24 | event of a violation for which such statutory penalties do not |
| 25 | apply, the court shall award actual damages and costs, including |
| 26 | a reasonable attorney's fee. Nothing in this subsection shall be |
| 27 | construed to require the application of the referenced statutory |
| 28 | penalty provisions where this subsection is not applicable. |
| 29 | Section 2. This act shall take effect upon becoming a law |
| 30 | and shall apply retroactively to January 1, 1998. |