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Florida Statute 634.3284 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title XXXVII
INSURANCE
Chapter 634
WARRANTY ASSOCIATIONS
View Entire Chapter
F.S. 634.3284
634.3284 Civil remedy.
(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.

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Amendments to 634.3284


Annotations, Discussions, Cases:

Cases Citing Statute 634.3284

Total Results: 1

Metropolitan Casualty Insurance Co. v. Tepper

2 So. 3d 209, 34 Fla. L. Weekly Supp. 111, 2009 Fla. LEXIS 143, 2009 WL 217978

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1138556

Cited 16 times | Published

of action which is covered by such policy.”); § 634.3284(3), Fla. Stat. (2008) (“As a condition precedent