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

(§ 681.102(4)).

Period covered: Two years after original delivery date

(§ 681.102(10)).

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

(§ 681.104(4)).

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)

(§ 681.112(1)).

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

(§ 681.113).

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)).