Florida Lemon Law: Do You Qualify?

Florida lemon law at a glance

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The Lemon Law rights period ends 24 months after the date of original delivery of the vehicle to a consumer (§ 681.102(9)). The definition sets no mileage limit. The duty to repair applies if the consumer first reports the problem during the period, and later repairs are still owed ("irrespective of whether such repairs are made after the expiration"), but the Act does not extend the period or the time to file a claim (§ 681.103(1)).

Repair attempts

A reasonable number of attempts is presumed if, during the rights period, the same nonconformity has been repaired at least three times by the manufacturer or its authorized service agent, plus the manufacturer's final attempt if undertaken, and it continues to exist (§ 681.104(3)(a)). After three attempts the consumer gives the manufacturer written notice by registered or express mail; the manufacturer has 10 days to respond and 10 days (45 for a recreational vehicle) from delivery to the repair facility to repair it (§ 681.104(1)(a)). The Act has no reduced count for safety defects.

Days out of service

A reasonable number of attempts is also presumed if the vehicle has been out of service for repair of one or more nonconformities for a cumulative 30 or more days (60 for a recreational vehicle), excluding routine maintenance (§ 681.104(3)(b)). At 15 cumulative days the consumer notifies the manufacturer in writing by registered or express mail (§ 681.104(1)(b)), and the manufacturer or its agent must have had at least one opportunity to inspect or repair after receiving it. The department's Consumer Guide says that under this presumption "it is not required that any nonconformity continue to exist". Days are calendar days (§ 681.102(5)).

Written notice

Written notification "by registered or express mail to the manufacturer" (§ 681.104(1)(a), (b)); not the dealer. The Act names no form. The Attorney General's Defect Notification form may be used, but "Use of this particular form is optional", and sending a copy to the Attorney General is not filing a claim. The warranty or owner's manual gives the address of the manufacturer's zone, district or regional office (§ 681.103(2)).

Covered vehicles and consumers

A "motor vehicle" is a new vehicle sold in Florida, including a demonstrator, a recreational vehicle and a leased vehicle (§ 681.102(14)). It does not include vehicles run only upon tracks, off-road vehicles, trucks over 10,000 pounds gross vehicle weight, motorcycles, mopeds, electric bicycles, or the living facilities of recreational vehicles. A consumer is the purchaser or lessee of a vehicle primarily used for personal, family, or household purposes, a person to whom it is transferred for the same purposes during the rights period, and any other person entitled by the warranty to enforce it (§ 681.102(4)). A lessee is covered under a written lease of 1 year or more that makes the lessee responsible for repairs, or a lease-purchase agreement (§ 681.102(10)).

Used vehicles

The Act covers "a new vehicle". The Attorney General says it "only applies to NEW or demonstrator vehicles" and may cover a vehicle "transferred directly from one consumer to another during the first 24 months"; the department's Consumer Guide says it "does not cover: used motor vehicles, unless transferred as specified above". The Act's words do not say whether a used vehicle resold by a dealer within 24 months is covered.

What you get back

Within 40 days the manufacturer must repurchase the vehicle and refund the full purchase price (including the trade-in allowance), less a reasonable offset for use, or replace it with a vehicle acceptable to the consumer; the refund or replacement includes all reasonably incurred collateral and incidental charges, and the consumer has an unconditional right to choose a refund (§ 681.104(2)(a)). The offset is the miles attributable to the consumer up to a settlement agreement or arbitration hearing, whichever is first, times the base selling price (without taxes, government fees and dealer fees), divided by 120,000 (60,000 for a recreational vehicle) (§ 681.102(19)). Refunds go to the consumer and lienholder as their interests may appear (§ 681.104(2)(b)).

State program (arbitration before suit)

Before filing a civil action the consumer "must first submit the dispute to the department, and to the board if such dispute is deemed eligible for arbitration" (§ 681.1095(4)). If the manufacturer has a procedure the department has certified and told the consumer in writing how and where to file, the consumer must first resort to it (§ 681.108(1)); a program that is not certified is not required. For a recreational vehicle the dispute goes first to the RV program (§ 681.1097(1)).

Deadlines

A request to the Board is due no later than 60 days after the rights period ends, or within 30 days after the final action of a certified procedure, whichever is later (§ 681.109(4)); the Attorney General says missing it "will result in loss of your Lemon Law arbitration rights". A court action must be commenced within 1 year after the rights period ends, or, if the consumer resorted to a procedure, the department or the Board, within 1 year after its final action (§ 681.112(2)).

Defenses, waivers and other law

It is an affirmative defense that the nonconformity does not substantially impair the use, value or safety of the vehicle, results from an accident, abuse, neglect or unauthorized modification by someone other than the manufacturer or its authorized service agent, or that the claim was not filed in good faith (§ 681.104(4)). An agreement that waives, limits or disclaims the Act's rights is void (§ 681.115). The Act does not stop a consumer from pursuing other rights or remedies under other law (§ 681.112(3)), and a manufacturer's violation is an unfair or deceptive trade practice (§ 681.111).

Florida lemon law: frequently asked questions

How long does Florida lemon law coverage last?

The Lemon Law rights period ends 24 months after the date of original delivery to the consumer (§ 681.102(9)). If you first report a problem to the manufacturer or its authorized service agent during the period, the manufacturer must make the repairs needed even if they happen after it ends (§ 681.103(1)), but the Act does not extend the period or the time to file a claim. The presumptions of a reasonable number of attempts apply to repairs and days out of service during the period (§ 681.104(3)).

Do I have to use a special form to notify the manufacturer?

No. After three repair attempts for the same problem, or 15 cumulative days out of service, the Act requires written notification to the manufacturer by registered or express mail (§ 681.104(1)). The Attorney General's Motor Vehicle Defect Notification form may be used, but the Attorney General says "Use of this particular form is optional. The notice to the Manufacturer must be in writing." Send it to the manufacturer, not the dealer.

Can I go straight to court under the Florida lemon law?

No. Before filing a civil action on a matter subject to § 681.104, the consumer must first submit the dispute to the Department of Legal Affairs, and to the Florida New Motor Vehicle Arbitration Board if the dispute is eligible (§ 681.1095(4)). If the manufacturer has a certified procedure and told you in writing how to file with it, go there first (§ 681.108(1)). A request to the Board is due no later than 60 days after the rights period expires, or within 30 days after the certified procedure's final action, whichever is later (§ 681.109(4)). A court action must be commenced within 1 year after the rights period ends, or within 1 year after the final action of the procedure, department or Board (§ 681.112(2)).

Does the Florida lemon law cover used cars, motorcycles or motor homes?

Motorcycles and mopeds are not covered, nor are off-road vehicles, vehicles run only upon tracks, electric bicycles, or trucks over 10,000 pounds gross vehicle weight (§ 681.102(14)). A recreational vehicle is covered, but its living facilities (flooring, plumbing, roof air conditioner, furnace, generator and similar) are not. The Act covers a new vehicle, including a demonstrator; the Attorney General says a used vehicle may be covered if it was transferred directly from one consumer to another in the first 24 months, and the department's Consumer Guide says it does not cover other used vehicles. Other rights or remedies under other law are not affected (§ 681.112(3)).

What can I recover if my car is a lemon in Florida?

A refund of the full purchase price (including the trade-in allowance) plus all reasonably incurred collateral and incidental charges, less a reasonable offset for use, or a replacement vehicle acceptable to you (§ 681.104(2)(a)); you have an unconditional right to choose a refund. In a civil action a prevailing consumer also recovers litigation costs, reasonable attorney's fees and appropriate equitable relief (§ 681.112(1)). A consumer whose claim a court finds was filed in bad faith is liable for the manufacturer's costs and reasonable attorney's fees (§ 681.106).

Statutes cited on this page

• Fla. Stat. § 681.10 (Florida Motor Vehicle Warranty Enforcement Act: short title)
• Fla. Stat. § 681.102(14) ("Motor vehicle": a new vehicle; the vehicles it does not include)
• Fla. Stat. § 681.102(4) ("Consumer")
• Fla. Stat. § 681.102(10) ("Lessee")
• Fla. Stat. § 681.102(9) (Lemon Law Rights Period: 24 months from original delivery)
• Fla. Stat. § 681.104(3) (Presumption of a reasonable number of attempts)
• Fla. Stat. § 681.104(1)(a) (Written notification to the manufacturer after three attempts; its final attempt)
• Fla. Stat. § 681.1095(4) (Submit the dispute to the department, and the board, before a civil action)
• Fla. Stat. § 681.108 (Dispute-settlement procedures: certified-procedure exhaustion before the Florida New Motor Vehicle Arbitration Board, which is created at § 681.1095)
• Fla. Stat. § 681.109(4) (Filing deadline: 60 days after expiration of Lemon Law Rights Period)
• Fla. Stat. § 681.112(2) (Court action: 1 year after the rights period, or after the final action of a dispute procedure)
• Fla. Stat. § 681.104(2)(a) (manufacturer must repurchase or replace; refund is the full purchase price less a reasonable offset for use)
• Fla. Stat. § 681.102(19) ("Reasonable offset for use")
• Fla. Stat. § 681.104(4) (Affirmative defenses)
• Fla. Stat. § 681.112(1) (Civil action: pecuniary loss, costs, attorney fees)
• Florida Attorney General, Lemon Law: Important Note Regarding Filing Deadlines
• Fla. Dep't of Legal Affairs, Consumer Guide to the Florida Lemon Law (DLA/LL-011), days out of service

This page summarizes the statute in plain language and is not legal advice. The linked official text controls.