Fla. Stat. § 681.10
Short title
This chapter shall be known and may be cited as the “Motor Vehicle Warranty Enforcement Act.”
Florida Statutes Chapter 681 — MOTOR VEHICLE SALES WARRANTIES
Florida · statute · Fla. Stat. ch. 681 · 20 active provisions
Fla. Stat. § 681.101
Legislative intent
The Legislature recognizes that a motor vehicle is a major consumer purchase and that a defective motor vehicle undoubtedly creates a hardship for the consumer. The Legislature further recognizes that a duly franchised motor vehicle dealer is an authorized service agent of the manufacturer. It is the intent of the Legi…
Fla. Stat. § 681.102
Definitions
As used in this chapter, the term:(1) “Authorized service agent” means any person, including a franchised motor vehicle dealer, who is authorized by the manufacturer to service motor vehicles. In the case of a recreational vehicle when there are two or more manufacturers, an authorized service agent for any individual…
Fla. Stat. § 681.103
Duty of manufacturer to conform a motor vehicle to the warranty
(1) If a motor vehicle does not conform to the warranty and the consumer first reports the problem to the manufacturer or its authorized service agent during the Lemon Law rights period, the manufacturer or its authorized service agent shall make such repairs as are necessary to conform the vehicle to the warranty, irr…
Fla. Stat. § 681.104
Nonconformity of motor vehicles
(1)(a) After three attempts have been made to repair the same nonconformity, the consumer shall give written notification, by registered or express mail to the manufacturer, of the need to repair the nonconformity to allow the manufacturer a final attempt to cure the nonconformity. The manufacturer shall have 10 days,…
Fla. Stat. § 681.106
Bad faith claims
Any claim by a consumer which is found by the court to have been filed in bad faith or solely for the purpose of harassment, or in complete absence of a justiciable issue of either law or fact raised by the consumer, shall result in the consumer being liable for all costs and reasonable attorney’s fees incurred by the…
Fla. Stat. § 681.108
Dispute-settlement procedures
(1) If a manufacturer has established a procedure that the department has certified as substantially complying with the provisions of 16 C.F.R. part 703, in effect October 1, 1983, as amended, and with the provisions of this chapter and the rules adopted under this chapter, and has informed the consumer how and where t…
Fla. Stat. § 681.109
Florida New Motor Vehicle Arbitration Board; dispute eligibility
(1) If a manufacturer has a certified procedure, a consumer claim arising during the Lemon Law rights period must be filed with the certified procedure no later than 60 days after the expiration of the Lemon Law rights period. If a decision is not rendered by the certified procedure within 40 days after filing, the con…
Fla. Stat. § 681.1095
Florida New Motor Vehicle Arbitration Board; creation and function
(1) There is established within the department, the Florida New Motor Vehicle Arbitration Board, consisting of members appointed by the Attorney General for an initial term of 1 year. Board members may be reappointed for additional terms of 2 years. Each board member is accountable to the Attorney General for the perfo…
Fla. Stat. § 681.1096
RV Mediation and Arbitration Program; creation and qualifications
(1) This section and s. 681.1097 shall apply to disputes determined eligible under this chapter involving recreational vehicles acquired on or after October 1, 1997.(2) Each manufacturer of a recreational vehicle involved in a dispute that is determined eligible under this chapter, including chassis and component manuf…
Fla. Stat. § 681.1097
RV Mediation and Arbitration Program; dispute eligibility and program function
(1) Before filing a civil action on a matter subject to s. 681.104, a consumer who acquires a recreational vehicle must first submit the dispute to the program if the dispute is deemed eligible. Such consumer is not required to resort to a procedure certified pursuant to s. 681.108, notwithstanding that one of the manu…
Fla. Stat. § 681.110
Compliance and disciplinary actions
The department may enforce and ensure compliance with the provisions of this chapter and rules adopted thereunder, may issue subpoenas requiring the attendance of witnesses and production of evidence, and may seek relief in the circuit court to compel compliance with such subpoenas. The department may impose a civil pe…
Fla. Stat. § 681.111
Unfair or deceptive trade practice
A violation by a manufacturer of this chapter is an unfair or deceptive trade practice as defined in part II of chapter 501.
Fla. Stat. § 681.112
Consumer remedies
(1) A consumer may file an action to recover damages caused by a violation of this chapter. The court shall award a consumer who prevails in such action the amount of any pecuniary loss, litigation costs, reasonable attorney’s fees, and appropriate equitable relief.(2) An action brought under this chapter must be comme…
Fla. Stat. § 681.113
Dealer liability
Except as provided in ss. 681.103(3) and 681.114(2), nothing in this chapter imposes any liability on a dealer as defined in s. 320.60 or creates a cause of action by a consumer against a dealer, except for written express warranties made by the dealer apart from the manufacturer’s warranties. A dealer may not be made…
Fla. Stat. § 681.114
Resale of returned vehicles
(1) A manufacturer who accepts the return of a motor vehicle by reason of a settlement, determination, or decision pursuant to this chapter shall notify the department and report the vehicle identification number of that motor vehicle within 10 days after such acceptance, transfer, or disposal of the vehicle, whichever…
Fla. Stat. § 681.115
Certain agreements void
Any agreement entered into by a consumer that waives, limits, or disclaims the rights set forth in this chapter, or that requires a consumer not to disclose the terms of such agreement as a condition thereof, is void as contrary to public policy. The rights set forth in this chapter shall extend to a subsequent transfe…
Fla. Stat. § 681.116
Preemption
This chapter preempts any similar county or municipal ordinance regarding consumer warranty rights resulting from the acquisition of a motor vehicle in this state.
Fla. Stat. § 681.117
Fee
(1) A $2 fee shall be collected by a motor vehicle dealer, or by a person engaged in the business of leasing motor vehicles, from the consumer at the consummation of the sale of a motor vehicle or at the time of entry into a lease agreement for a motor vehicle. Such fees shall be remitted to the county tax collector or…
Fla. Stat. § 681.118
Rulemaking authority
The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.