FLORIDA Lemon Law:
Fla. Stat. §§ 681.10 to 681.118
Vehicles covered: Motor vehicles sold or leased in-state used
primarily for personal, family or household purposes that transport
persons or property, including demonstrators and lease-purchases
with warranty; excludes off-road vehicles, mopeds, trucks over
10,000 lbs., the living facilities of recreational vehicles, and
motorcycles (§ 681.102(4), (15)).
Persons covered: Purchasers, lessees, transferees during express
warranty period, or any person entitled to enforce the warranty
Period covered: Two years after original delivery date
Disclosure requirements: Manufacturer must provide list of service
offices, written notice of claim procedure and all consumer rights
under lemon law; itemized statement of repair if vehicle returned
for defect (§ 681.103).
Required consumer notice: Notice to manufacturer by registered or
express mail (§ 681.104(1)).
Repair requirements: It is presumed that a reasonable number of
attempts have been made if the same nonconformity is subjected to
three repairs plus a final attempt, or the vehicle is out of service for
a cumulative total of thirty or more working days, exclusive of
maintenance and final ten day repair period (§ 681.104(1)(a), (3)).
Affırmative defenses: The nonconformity does not substantially
impair the use, safety or market value of the vehicle; or is the result
of an accident, abuse, neglect, or unauthorized modification or
alteration by the consumer; or the claim is not filed in good faith
Replace/refund: At the consumer’s option, the manufacturer shall
replace with a comparable or replacement automobile acceptable to
the consumer, or repurchase the automobile and give the consumer
a full refund minus a reasonable allowance for use (defined)
Other reimbursement: Collateral and incidental charges; costs and
attorney fees (§ 681.112(1)).
Other remedies: Misrepresentation by the manufacturer is an unfair
and deceptive trade practice (§ 681.111); no limit to consumer
remedies (§ 681.112(3)). No cause of action created against dealer;
dealer may not be made a party to a lemon law suit except for
claims under separate written express warranties made by dealer
Informal dispute resolution: For remedies under this section a
consumer must use an informal dispute settlement procedure established
by the manufacturer, provided the procedure complies
with 16 C.F.R. pt. 703 (§ 681.108). The consumer may also use the
state arbitration board (§ 681.109).
Resale of lemon: Full disclosure required for resale or lease
(§ 681.114(2)). Title must be stamped: ‘‘manufacturer’s buyback’’
(Fla. Stat. § 319.14). Manufacturer must warrant nonconforming
defect for one year or first 12,000 miles (§ 681.114(2)).