| 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; |