How does the lemon law process work in Florida?
Florida uses a two-tier dispute resolution system administered by the Florida Attorney General.
1. Governing Statute
Fla. Stat. Chapter 681, the Motor Vehicle Warranty Enforcement Act ("Lemon Law"). Administered by the Florida Attorney General's Lemon Law Arbitration Program.
2. Coverage
Covers new or demonstrator motor vehicles sold or long-term leased (1+ year) in Florida, including the self-propelled chassis and powertrain of an RV. Excluded: motorcycles, mopeds, off-road vehicles, trucks over 10,000 lbs GVWR, and the living quarters of an RV. Business vehicles included if used primarily for personal/family use. Leased vehicles covered.
3. Lemon Presumption
Under § 681.104, presumption arises within the "Lemon Law Rights Period" (first 24 months after delivery) when: (a) the same nonconformity has been subject to repair 3+ times, or (b) the vehicle is out of service for repair 15+ cumulative days. After a 3rd repair attempt or 15 days OOS, consumer must give written notice via certified mail.
4. Notice to Manufacturer
The consumer must send the manufacturer a Motor Vehicle Defect Notification form (provided by the Lemon Law brochure) by certified mail, giving a final 10-day repair opportunity at a designated repair facility.
5. Manufacturer's Buy-Back / Replacement
Manufacturer must repurchase or replace. Repurchase formula: full purchase price minus a reasonable offset for use (statutory formula: price x miles attributable to use prior to first report of nonconformity / 120,000).
6. Arbitration
Most consumers must first use a manufacturer-sponsored, state-certified informal dispute settlement procedure (e.g., BBB AUTO LINE) before going to the state-run Florida New Motor Vehicle Arbitration Board. If the manufacturer has no certified program, the consumer goes directly to the state Board. Decisions are binding unless appealed to circuit court within 30 days.
7. Lawsuit & Fee-Shifting
The prevailing consumer recovers attorney's fees under § 681.112. The federal Magnuson-Moss Warranty Act (15 U.S.C. § 2310(d)) provides an alternative claim with fee-shifting and is often pleaded in parallel.
This is legal information, not legal advice.
- Arbitration Board ruled against you and you need to appeal to circuit court
- Manufacturer claims the defect is outside the 24-month Rights Period
- Complex multi-defect or safety case with serious injury exposure
- Fla. Stat. Ch. 681 (Motor Vehicle Warranty Enforcement Act)
- Fla. Stat. § 681.104 (presumption)
- Fla. Stat. § 681.112 (attorney fees)
- 15 U.S.C. § 2301 (Magnuson-Moss)
- 16 CFR Part 703
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.