(1) Any person damaged by a violation of the provisions of this part may bring a civil action against a person violating such provisions in the circuit court of the county in which the alleged violator resides or has her or his principal place of business or in the county in which the alleged violation occurred. Upon adverse adjudication, the defendant will be liable for actual damages or $500, whichever is greater, together with court costs and reasonable attorney’s fees incurred by the plaintiff.
(2) No punitive damages may be awarded under this section unless the acts giving rise to the violation occur with such frequency as to indicate a general business practice and these acts are:
(a) Willful, wanton, and malicious; or
(b) In reckless disregard for the rights of any insured.
Any person who pursues a claim under this subsection shall post in advance the costs of discovery. Such costs shall be awarded to the insurer if no punitive damages are awarded to the plaintiff.
(3) As a condition precedent to bringing an action under this section, the department and the insurer shall be given written notice of the violation. The notice shall state with specificity the facts which allegedly constitute the violation and the law upon which the plaintiff is relying and shall state that such notice is given in order to perfect the right to pursue the civil remedy authorized by this section. No action will lie if, within 30 days thereafter, the damages are paid or the circumstances giving rise to the violation are corrected.
(4) This section shall not be construed to authorize a class action suit against a home warranty association or a civil action against the department or office or their employees or the Chief Financial Officer.
History.—ss. 27, 33, ch. 83-323; s. 1, ch. 84-94; s. 20, ch. 93-195; s. 473, ch. 97-102; s. 1474, ch. 2003-261.
Structure Florida Statutes
Chapter 634 - Warranty Associations
Part II - Home Warranty Associations (Ss. 634.301-634.348)
634.302 - Powers of department, commission, and office; rules.
634.3025 - Part exclusive; applicability of other laws.
634.304 - Qualifications for license.
634.305 - Required deposit or bond.
634.3051 - Levy upon deposit limited.
634.306 - Application for and issuance of license.
634.307 - License expiration; renewal.
634.3076 - Prohibited investments and loans.
634.3077 - Financial requirements.
634.3078 - Assets and liabilities.
634.308 - Grounds for suspension or revocation of license.
634.309 - Procedure to suspend or revoke license.
634.310 - Order, notice of suspension or revocation of license; effect; publication.
634.3112 - Administrative fine in lieu of suspension or revocation of license of association.
634.312 - Forms; required provisions and procedures.
634.3123 - Noncompliant forms.
634.313 - Tax on premiums; annual statement; reports.
634.3135 - Office records required.
634.314 - Examination of associations.
634.317 - License and appointment required.
634.318 - License and appointment of sales representatives.
634.319 - Reporting and accounting for funds.
634.3205 - Rebating; when allowed.
634.3225 - Duration of suspension or revocation of license or appointment.
634.324 - Disposition of taxes and fees.
634.325 - Insurance business not authorized.
634.326 - Fronting not permitted.
634.327 - Applicability to warranty on new home.
634.328 - Penalty for violation.
634.329 - Dissolution or liquidation.
634.331 - Coverage of property for sale.
634.335 - Unfair methods of competition and unfair or deceptive acts or practices prohibited.
634.336 - Unfair methods of competition and unfair or deceptive acts or practices defined.
634.337 - Power of department and office to examine and investigate.
634.338 - Prohibited practices; hearings; procedure; service of process.
634.3385 - Unauthorized entities; gifts and grants.
634.339 - Cease and desist and penalty orders.
634.34 - Appeals from orders of the department or office.
634.341 - Penalty for violation of cease and desist order.
634.342 - Injunctive proceedings.
634.344 - Coercion of debtor prohibited.