Amendment
Bill No. CS/HB 643
Amendment No. 841213
CHAMBER ACTION
Senate House
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1Representative Brisé offered the following:
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3     Amendment (with title amendment)
4     Remove lines 358 - 360, insert:
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6penalties 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-
9rescue consultant or equity purchaser for any violation of this
10section. Judgment must be entered for actual damages and
11consequential damages, reasonable attorney's fees and costs, and
12appropriate equitable relief, including, but not limited to, the
13rescission of any deed, mortgage, or other instrument signed by
14the homeowner or equity purchaser. The rights and remedies
15provided in this section are cumulative with, and not a
16limitation of, any other rights and remedies provided by law.
17Any action brought pursuant to this subsection must be commenced
18within 4 years after the date of the alleged violation.
19     (b)  In addition to any other damages available to a
20homeowner:
21     1.  The court may award damages up to one and one-half
22times the compensation charged by the foreclosure-rescue
23consultant if the court finds that the foreclosure-rescue
24consultant's conduct was in bad faith.
25     2.  For a violation of paragraph (5)(c), paragraph (5)(d),
26paragraph (5)(e), or paragraph (5)(f), the court may award
27damages no less than one and one-half times the actual damages.
28     (c)  Notwithstanding any other provision of this
29subsection, no action may be brought on the basis of a violation
30of this section except by a homeowner against whom the violation
31was 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 34, and insert:
36in part II of ch. 501, F.S.; providing for penalties and
37remedies; providing for damages; authorizing homeowners to bring
38actions against certain persons for certain violations;
39providing for judgments for actual and consequential damages,
40attorney's fees and costs, and equitable relief; specifying
41rights and remedies as cumulative; providing a time limitation
42on bringing such actions; authorizing courts to award certain
43additional damages;


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