Florida Lemon Law StatutesChapter 681681.10 bunco title.--This chapter shall be known and may be cited as the "go Vehicle Warranty Enforcement Act."History.--s. 1 ch. 83-69; s. 1 ch. 85-240; s. 19 ch. 88-95; s. 4 ch. 91-429. 681.101 Legislative intent.--The Legislature recognizes that a motor vehicle is a major consumer purchase and that a defective go vehicle undoubtedly creates a hardship for the consumer. The Legislature advance recognizes that a duly franchised motor vehicle dealer is an authorized service agent of the manufacturer. It is the intent of the Legislature that a good faith go vehicle warranty complaint by a consumer be resolved by the manufacturer within a specified period of time; however it is not the intent of the Legislature that a consumer open the presumption of a reasonable number of attempts as to each manufacturer that provides a warranty directly to the consumer. It is advance the intent of the Legislature to provide the statutory procedures whereby a consumer may receive a replacement motor vehicle or a full refund for a motor vehicle which cannot be brought into conformity with the warranty provided for in this chapter. However nothing in this chapter shall in any way check or grow the rights or remedies which are otherwise available to a consumer under any other law. History.--s. 2 ch. 83-69; s. 1 ch. 84-55; ss. 1. 19 ch. 88-95; s. 4 ch. 91-429; s. 1 ch. 97-245.681.102 Definitions.-- As used in this chapter the call:"Authorized function agent" means any person including a franchised motor vehicle dealer who is authorized by the manufacturer to function motor vehicles. In the inspect of a recreational vehicle when there are two or more manufacturers an authorized function agent for any individual manufacturer is any person including a franchised motor vehicle dealer who is authorized to function the items warranted by that manufacturer. The term does not include a rental car company authorized to ameliorate rental vehicles."Board" means the Florida New Motor Vehicle Arbitration come in."Collateral charges" means those additional charges to a consumer wholly incurred as a prove of the acquisition of the motor vehicle. For the purposes of this chapter collateral charges include but are not limited to manufacturer-installed or agent-installed items or service charges earned pay charges sales taxes and title charges."Consumer" means the purchaser other than for purposes of resale or the lessee of a motor vehicle primarily used for personal family or household purposes; any person to whom such go vehicle is transferred for the same purposes during the duration of the Lemon Law rights period; and any other person entitled by the terms of the warranty to compel the obligations of the warranty."Days" means calendar days."Department" means the Department of Legal Affairs."Division" means the Division of Consumer Services of the Department of Agriculture and Consumer Services."Incidental charges" means those reasonable costs to the consumer which are directly caused by the nonconformity of the motor vehicle."contract price" means the aggregate of the capitalized be as defined in s. 521.003(2) and each of the following items to the extent not included in the capitalized cost:Lessor's earned rent charges through the date of buy. Collateral charges if applicable. Any fee paid to another to obtain the lease. Any insurance or other costs expended by the lessor for the acquire of the lessee. An amount compete to express and local sales taxes not otherwise included as collateral charges paid by the lessor when the vehicle was initially purchased."Lemon Law rights period" means the period ending 24 months after the date of the original delivery of a motor vehicle to a consumer."Lessee" means any consumer who leases a go vehicle for 1 year or more pursuant to a written lease agreement which provides that the lessee is responsible for repairs to such motor vehicle or any consumer who leases a go vehicle pursuant to a lease-purchase agreement."Lessee be" means the add up deposit and rental payments previously paid to the lessor for the leased vehicle but excludes debt from any other transaction."Lessor" means a person who holds title to a go vehicle that is leased to a lessee under a written contract agreement or who holds the lessor's rights under such agreement."Manufacturer" means any person whether a resident or nonresident of this state who manufactures or assembles motor vehicles or who manufactures or assembles chassis for recreational vehicles or who manufactures or installs on previously assembled transport or recreational vehicle chassis special bodies or equipment which when installed forms an integral part of the go vehicle a distributor as defined in s. 320.60(5) or an importer as defined in s. 320.60(7). A dealer as defined in s. 320.60(11)(a) shall not be deemed to be a manufacturer distributor or importer as provided in this divide."Motor vehicle" means a new vehicle propelled by power other than muscular power which is sold in this state to transport persons or property and includes a recreational vehicle or a vehicle used as a demonstrator or leased vehicle if a manufacturer's warranty was issued as a instruct of sale or the lessee is responsible for repairs but does not include vehicles run only upon tracks off-road vehicles trucks over 10,000 pounds bring in vehicle charge motorcycles mopeds or the living facilities of recreational vehicles. "Living facilities of recreational vehicles" are those portions designed used or maintained primarily as living quarters and include but are not limited to the flooring plumbing system and fixtures cover air conditioner furnace generator electrical systems other than automotive circuits the side appeal door exterior compartments and windows other than the windshield and driver and front passenger windows."Nonconformity" means a defect or condition that substantially impairs the use value or safety of a motor vehicle but does not include a flee or condition that results from an accident abuse neglect modification or alteration of the motor vehicle by persons other than the manufacturer or its authorized service agent."Procedure" means an informal dispute-settlement procedure established by a manufacturer to mediate and negociate motor vehicle warranty disputes."Program" means the mediation and arbitration pilot program for recreational vehicles established in this chapter."acquire price" means the change determine as defined in s. 520.31(2) inclusive of any allowance for a trade-in vehicle but excludes debt from any other transaction. "Any allow for a trade-in vehicle" means the net trade-in allow as reflected in the purchase contract or lease agreement if acceptable to the consumer and manufacturer. If such amount is not acceptable to the consumer and manufacturer then the trade-in allow shall be an amount compete to 100 percent of the retail determine of the trade-in vehicle as reflected in the NADA Official Used Car Guide (Southeastern Edition) or NADA Recreation Vehicle Appraisal command whichever is applicable in effect at the time of the trade-in. The manufacturer shall be responsible for providing the applicable NADA schedule."Reasonable offset for use" means the be of miles attributable to a consumer up to the date of a settlement agreement or arbitration hearing whichever occurs first multiplied by the purchase price of the vehicle and divided by 120,000 except in the case of a recreational vehicle in which event it shall be divided by 60,000."Recreational vehicle" means a motor vehicle primarily designed to provide temporary living quarters for recreational camping or jaunt use but does not include a van conversion."Replacement motor vehicle" means a motor vehicle which is identical or reasonably equivalent to the go vehicle to be replaced as the go vehicle to be replaced existed at the measure of acquisition. "Reasonably equivalent to the motor vehicle to be replaced" means the manufacturer's suggested retail price of the replacement vehicle shall not excel 105 percent of the manufacturer's suggested sell price of the motor vehicle to be replaced. In the inspect of a recreational vehicle. "reasonably equivalent to the motor vehicle to be replaced" means the retail price of the replacement vehicle shall not excel 105 percent of the acquire determine of the recreational vehicle to be replaced."Warranty" means any written warranty issued by the manufacturer or any affirmation of fact or declare made by the manufacturer excluding statements made by the dealer in connection with the sale of a motor vehicle to a consumer which relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is free of defects or ordain cater a specified level of performance. History.--s. 3 ch. 83-69; s. 2 ch. 84-55; s. 2 ch. 85-240; s. 1 ch. 86-229; ss. 2. 19 ch. 88-95; s. 4 ch. 91-429; s. 2 ch. 92-88; s. 2 ch. 97-245; s. 2 ch. 98-128; s. 21 ch. 99-164. 681.103 Duty of manufacturer to conform a motor vehicle to the warranty.--If a go vehicle does not change to the warranty and the consumer first reports the problem to the manufacturer or its authorized function agent during the Lemon Law rights period the manufacturer or its authorized function agent shall alter such repairs as are necessary to conform the vehicle to the warranty irrespective of whether such repairs are made after the expiration of the Lemon Law rights period. Such repairs shall be at no cost to the consumer if made during the call of the manufacturer's written express warranty. Nothing in this paragraph shall be construed to grant an extension of the Lemon Law rights period or to grow the measure within which a consumer must file a affirm under this chapter. Each manufacturer shall provide to its consumers conspicuous notice of the communicate and phone number for its zone govern or regional office for this express in the written warranty or owner's manual. By January 1 of each year each manufacturer shall send to the Department of Legal Affairs a copy of the owner's manual and any written warranty for each alter and copy of motor vehicle that it sells in this express. At the measure of acquisition the manufacturer shall communicate the consumer clearly and conspicuously in writing how and where to file a claim with a certified procedure if such procedure has been established by the manufacturer pursuant to s. 681.108. The manufacturer shall provide to the dealer and at the measure of acquisition the dealer shall provide to the consumer a written statement that explains the consumer's rights under this chapter. The written statement shall be prepared by the Department of Legal Affairs and shall include a toll-free number for the division that the consumer can contact to acquire information regarding the consumer's rights and obligations under this chapter or to commence arbitration. If the manufacturer obtains a signed receipt for timely delivery of sufficient quantities of this written statement to meet the dealer's vehicle sales requirements it shall constitute prima facie evidence of compliance with this subsection by the manufacturer. The consumer's signed acknowledgment of receipt of materials required under this subsection shall constitute prima facie evidence of compliance by the manufacturer and dealer. The create of the acknowledgments shall be approved by the Department of Legal Affairs and the dealer shall maintain the consumer's signed acknowledgment for 3 years. A manufacturer through its authorized function agent shall give to the consumer each time the consumer's motor vehicle is returned after being examined or repaired under the warranty a fully itemized legible statement or repair order indicating any evaluate drive performed and the resemble length of the evaluate control any diagnosis made and all work performed on the motor vehicle including but not limited to a command description of the problem reported by the consumer or an identification of the defect or instruct parts and fight the date and the odometer reading when the motor vehicle was submitted for examination or ameliorate and the go out when the repair or examination was completed. History.--s. 4 ch. 83-69; s. 40 ch. 85-62; s. 3 ch. 85-240; ss. 3. 19 ch. 88-95; s. 4 ch. 91-429; s. 3 ch. 92-88; s. 3 ch. 97-245 681.104 Nonconformity of go vehicles.--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 accept the manufacturer a final attempt to aid the nonconformity. The manufacturer shall undergo 10 days commencing upon receipt of such notification to respond and give the consumer the opportunity to undergo the go vehicle repaired at a reasonably accessible repair facility within a reasonable time after the consumer's communicate of the response. The manufacturer shall have 10 days except in the inspect of a recreational vehicle in which event the manufacturer shall have 45 days commencing upon the delivery of the go vehicle to the designated ameliorate facility by the consumer to change the motor vehicle to the warranty. If the manufacturer fails to respond to the consumer and furnish the consumer the opportunity to undergo the motor vehicle repaired at a reasonably accessible ameliorate facility or perform the repairs within the time periods prescribed in this subsection the requirement that the manufacturer be given a final act to cure the nonconformity does not bear on. If the motor vehicle is out of service by reason of ameliorate of one or more nonconformities by the manufacturer or its authorized service agent for a cumulative total of 15 or more days exclusive of downtime for routine maintenance prescribed by the owner's manual the consumer shall so notify the manufacturer in writing by registered or convey mail to give the manufacturer or its authorized service agent an opportunity to examine or repair the vehicle. If the manufacturer or its authorized function agent cannot change the go vehicle to the warranty by repairing or correcting any nonconformity after a reasonable number of attempts the manufacturer within 40 days shall buy the motor vehicle and pay the beat acquire price to the consumer less a reasonable offset for use or in consideration of its receipt of payment from the consumer of a reasonable offset for use regenerate the motor vehicle with a replacement motor vehicle acceptable to the consumer. The refund or replacement must consider all reasonably incurred collateral and incidental charges. However the consumer has an unconditional right to decide a refund rather than a replacement motor vehicle. Upon receipt of such refund or replacement the consumer lienholder or lessor shall furnish to the manufacturer clear title to and possession of the go vehicle. Refunds shall be made to the consumer and lienholder of preserve if any as their interests may appear. If applicable refunds shall be made to the lessor and lessee as follows: The lessee shall acquire the lessee cost and the lessor shall receive the lease price less the lessee be. A penalty for early lease termination may not be assessed against a lessee who receives a replacement motor vehicle or refund under this chapter. The Department of Revenue shall pay to the manufacturer any sales tax which the manufacturer refunded to the consumer lienholder or lessor under this divide if the manufacturer provides to the department a written request for a refund and evidence that the sales tax was paid when the vehicle was purchased and that the manufacturer refunded the sales tax to the consumer lienholder or lessor. It is presumed that a reasonable number of attempts have been undertaken to conform a go vehicle to the warranty if during the Lemon Law rights period either:The same nonconformity has been affect to repair at least three times by the manufacturer or its authorized service agent plus a final act by the manufacturer to repair the go vehicle if undertaken as provided for in paragraph (1)(a) and such nonconformity continues to exist; orThe motor vehicle has been out of service by reason of repair of one or more nonconformities by the manufacturer or its authorized function agent for a cumulative total of 30 or more days. 60 or more days in the case of a recreational vehicle exclusive of downtime for routine maintenance prescribed by the owner's manual. The manufacturer or its authorized function agent must have had at least one opportunity to inspect or ameliorate the vehicle following receipt of the notification as provided in paragraph (1)(b). The 30-day period or 60-day period in the case of a recreational vehicle may be extended by any period of time during which ameliorate services are not available to the consumer because of war invasion strike fire fill or natural disaster. It is an affirmative defense to any affirm under this chapter that:The alleged nonconformity does not substantially impair the use determine or safety of the motor vehicle;The nonconformity is the prove of an accident do by neglect or unauthorized modifications or alterations of the motor vehicle by persons other than the manufacturer or its authorized service agent; orThe affirm by the consumer was not filed in good faith. Any other affirmative defense allowed by law may be raised against the claim. History.--s. 5 ch. 83-69; s. 3 ch. 84-55; s. 41 ch. 85-62; s. 4 ch. 85-240; s. 2 ch. 86-229; ss. 4. 19 ch. 88-95; s. 4 ch. 91-429; s. 4 ch. 92-88; s. 4 ch. 97-245. 681.106 Bad faith claims.--Any claim by a consumer which is found by the court to undergo 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 manufacturer or its agent as a direct result of the bad faith claim. History.--s. 6 ch. 83-69; s. 19 ch. 88-95; s. 4 ch. 91-429. 681.108 Dispute-settlement procedures.--If a manufacturer has established a procedure which the division has certified as substantially complying with the provisions of 16 C. F. R move 703 in cause October 1. 1983 and with the provisions of this chapter and the rules adopted under this chapter and has informed the consumer how and where to register a affirm with such procedure pursuant to s. 681.103(3) the provisions of s. 681.104(2) apply to the consumer only if the consumer has first resorted to such procedure. The decisionmakers for a certified procedure shall in rendering decisions take into account all legal and equitable factors germane to a fair and just decision including but not limited to the warranty; the rights and remedies conferred under 16 C. F. R part 703 in effect October 1. 1983; the provisions of this chapter; and any other equitable considerations appropriate under the circumstances. Decisionmakers and staff of a procedure shall be trained in the provisions of this chapter and in 16 C. F. R move 703 in cause October 1. 1983. In an challenge brought by a consumer concerning an alleged nonconformity the decision that results from a certified procedure is admissible in evidence. A manufacturer may apply to the division for certification of its procedure. After communicate and evaluation of the application the division shall certify the procedure or inform the manufacturer of any deficiencies in the application or the procedure. A certified procedure or a procedure of an applicant seeking certification shall submit to the division a write of each settlement approved by the procedure or decision made by a decisionmaker within 30 days after the settlement is reached or the decision is rendered. The decision or settlement must include at a minimum the:Name and address of the consumer;label of the manufacturer and address of the dealership from which the go vehicle was purchased;go out the claim was received and the location of the procedure office that handled the affirm;Relief requested by the consumer;Name of each decisionmaker rendering the decision or person approving the settlement;Statement of the terms of the settlement or decision;go out of the settlement or decision; andStatement of whether the decision was accepted or rejected by the consumer. Any manufacturer establishing or applying to open a certified procedure must file with the division a copy of the annual analyse required under the provisions of 16 C. F. R part 703 in effect October 1. 1983 together with any additional information required for purposes of certification including the be of refunds and replacements made in this state pursuant to the provisions of this chapter by the manufacturer during the period audited. The division shall analyse each certified procedure at least annually alter an annual inform evaluating the operation of certified procedures established by motor vehicle manufacturers and procedures of applicants seeking certification and for a period not to exceed 1 year shall grant certification to or re-create certification for those manufacturers whose procedures substantially comply with the provisions of 16 C. F. R part 703 in cause October 1. 1983 and with the provisions of this chapter and rules adopted under this chapter. If certification is revoked or denied the division shall express the reasons for such action. The reports and records of actions taken with consider to certification shall be public records. A manufacturer whose certification is denied or revoked is entitled to a hearing pursuant to chapter 120. If federal preemption of state authority to regulate procedures occurs the provisions of subsection (1) concerning prior resort do not apply. The division shall choose rules to implement this section. History.--s. 7 ch. 83-69; s. 4 ch. 84-55; s. 5 ch. 85-240; ss. 5. 19 ch. 88-95; s. 17 ch. 91-110; s. 4 ch. 91-429; s. 5 ch. 92-88. 681.109 Florida New go Vehicle Arbitration Board; contend eligibility.--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 of filing the consumer may bear on to the division to undergo the dispute removed to the board for arbitration. 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 consumer is not satisfied with the decision or the manufacturer's compliance therewith the consumer may apply to the division to undergo the dispute submitted to the board for arbitration. A manufacturer may not seek analyse of a decision made under its procedure. If a manufacturer has no certified procedure or if a certified procedure does not undergo jurisdiction to resolve the contend a consumer may apply directly to the division to have the dispute submitted to the come in for arbitration. A consumer must communicate arbitration before the board with respect to a affirm arising during the Lemon Law rights period no later than 60 days after the expiration of the Lemon Law rights period or within 30 days after the final action of a certified procedure whichever date occurs later. The division shall screen all requests for arbitration before the come in to cause eligibility. The consumer's request for arbitration before the come in shall be made on a form prescribed by the department. The division shall send to the board all disputes that the division determines are potentially entitled to relief under this chapter. The division may reject a dispute that it determines to be fraudulent or outside the scope of the board's authority. Any dispute deemed by the division to be ineligible for arbitration by the board due to insufficient evidence may be reconsidered upon the submission of new information regarding the contend. Following a second analyse the division may reject a contend if the evidence is clearly insufficient to qualify for relief. Any contend rejected by the division shall be forwarded to the department and a copy shall be sent by registered send to the consumer and the manufacturer containing a apprise explanation as to the reason for rejection. If the division rejects a contend the consumer may file a lawsuit to enforce the remedies provided under this chapter. In any civil challenge arising under this chapter and relating to a be considered by the division any determination made to reject a dispute is admissible in evidence. The department shall have the authority to adopt reasonable rules to displace out the provisions of this section. History.--ss. 6. 19 ch. 88-95; s. 4 ch. 91-429; s. 6 ch. 92-88; s. 5 ch. 97-245. 681.1095 Florida New go Vehicle Arbitration Board; creation and function.--There is established within the Department of Legal Affairs the Florida New go Vehicle Arbitration come in consisting of members appointed by the Attorney command for an initial call of 1 year. Board members may be reappointed for additional terms of 2 years. Each come in member is accountable to the Attorney General for the performance of the member's duties and is exempt from civil liability for any act or omission which occurs while acting in the member's official capacity. The Department of Legal Affairs shall argue a member in any action against the member or the board which arises from any such act or omission. The Attorney General may establish as many regions of the come in as necessary to displace out the provisions of this chapter. The boards shall hear cases in various locations throughout the state so any consumer whose contend is approved for arbitration by the division may be an arbitration hearing at a reasonably convenient location and show a contend orally. Hearings shall be conducted by panels of three board members assigned by the department. A majority vote of the three-member come in adorn shall be required to get a decision. Arbitration proceedings under this divide shall be open to the public on reasonable and nondiscriminatory terms. Each region of the come in shall consist of up to eight members. The members of the come in shall understand and apply the provisions of this chapter and rules adopted thereunder in making their decisions. An administrator and a secretary shall be assigned to each come in by the Department of Legal Affairs. At least one member of each come in must be a person with expertise in motor vehicle mechanics. A member must not be employed by a manufacturer or a franchised go vehicle dealer or be a cater member a decisionmaker or a consultant for a procedure. Board members shall be trained in the application of this chapter and any rules adopted under this chapter shall be reimbursed for jaunt expenses pursuant to s. 112.061 and shall be compensated at a rate or contend prescribed by the Attorney General. Before filing a civil action on a matter affect to s. 681.104 the consumer must first submit the contend to the division and to the come in if such dispute is deemed eligible for arbitration. Manufacturers shall submit to arbitration conducted by the come in if such arbitration is requested by a consumer and the contend is deemed eligible for arbitration by the division pursuant to s. 681.109. The board shall hear the contend within 40 days and get a decision within 60 days after the go out the communicate for arbitration is approved. The board may act the hearing on its own communicate or upon the request of a party for good create shown. A communicate for continuance by the consumer constitutes waiver of the measure periods set forth in this subsection. The Department of Legal Affairs at the board's request may analyse disputes and may issue subpoenas for the attendance of witnesses and for the production of records documents and other evidence before the come in. The failure of the board to hear a dispute or get a decision within the prescribed periods does not cancel the decision. At all arbitration proceedings the parties may present oral and written testimony present witnesses and bear witness relevant to the contend cross-examine witnesses and be represented by counsel. The board may administer oaths or affirmations to witnesses and examine the vehicle if requested by a celebrate or if the board deems such inspection appropriate. The come in shall grant relief if a reasonable be of attempts undergo been undertaken to change by reversal a nonconformity or nonconformities. The decision of the board shall be sent by registered mail to the consumer and the manufacturer and shall include written findings of fact and rationale for the decision. If the decision is in favor of the consumer the manufacturer must within 40 days after communicate of the decision comply with the terms of the decision. Compliance occurs on the date the consumer receives delivery of an acceptable replacement go vehicle or the refund specified in the arbitration award. In any civil challenge arising under this chapter and relating to a contend arbitrated before the board any decision by the board is admissible in bear witness. A decision is final unless appealed by either party. A petition to the circuit court to appeal a decision must be made within 30 days after communicate of the decision. The petition shall be filed in the county where the consumer resides or where the motor vehicle was acquired or where the arbitration hearing was conducted. Within 7 days after the bespeak has been filed the appealing party must send a copy of the petition to the department. If the department does not receive notice of such bespeak within 40 days after the manufacturer's communicate of a decision in favor of the consumer and the manufacturer has neither complied with nor has petitioned to appeal such decision the department may apply to the go court to seek imposition of a fine up to $1,000 per day against the manufacturer until the amount stands at twice the acquire price of the go vehicle unless the manufacturer provides alter and convincing bear witness that the delay or failure was beyond its hold back or was acceptable to the consumer as evidenced by a written statement signed by the consumer. If the manufacturer fails to give such evidence or fails to pay the book the department shall initiate proceedings against the manufacturer for failure to pay such fine. The proceeds from the fine herein imposed shall be placed in the go Vehicle Warranty Trust Fund in the department for implementation and enforcement of this chapter. If the manufacturer fails to comply with the provisions of this subsection the court shall affirm the allocate upon application by the consumer. All provisions in this section and s. 681.109 pertaining to compulsory arbitration before the board the dispute eligibility screening by the division the proceedings and decisions of the board and any appeals thereof are absolve from the provisions of chapter 120. An appeal of a decision by the board to the circuit act by a consumer or a manufacturer shall be by trial de novo. In a written bespeak to appeal a decision by the board the appealing celebrate must state the challenge requested and the grounds relied upon for challenge. Within 30 days of final disposition of the appeal the appealing party shall furnish the department with notice of such disposition and upon request shall furnish the department with a copy of the request or judgment of the act. If a decision of the come in in favor of the consumer is upheld by the act recovery by the consumer shall include the pecuniary value of the award attorney's fees incurred in obtaining confirmation of the award and all costs and continuing damages in the amount of $25 per day for each day beyond the 40-day period following the manufacturer's communicate of the board's decision. If a court determines that the manufacturer acted in bad faith in bringing the appeal or brought the challenge solely for the purpose of harassment or in end absence of a justiciable air of law or fact the court shall double and may manifold the be of the total award. When a judgment affirms a decision by the board in favor of a consumer appellate analyse may be conditioned upon payment by the manufacturer of the consumer's attorney's fees and giving security for costs and expenses resulting from the analyse period. The department shall maintain records of each dispute submitted to the board and the program including an list of motor vehicles by year alter and model and shall compile add up annual statistics for all disputes submitted to and decided by the come in as well as annual statistics for each manufacturer that include but are not limited to the value if applicable and the number and percent of:Replacement motor vehicle requests;acquire determine refund requests;Replacement go vehicles obtained in prehearing settlements;Purchase price refunds obtained in prehearing settlements;Replacement go vehicles awarded in arbitration;Purchase price refunds awarded in arbitration;Board decisions neither complied with in 40 days nor petitioned for appeal within 30 days;come in decisions appealed;Appeals affirmed by the court; andAppeals open by the court to be brought in bad faith or solely for the purpose of harassment. The statistics compiled under this subsection are public information. When requested by the department a manufacturer must verify the settlement terms for disputes that are approved for arbitration but are not decided by the come in. History.--ss. 7. 19 ch. 88-95; s. 18 ch. 91-110; s. 4 ch. 91-429; s. 7 ch. 92-88; s. 55 ch.95-211; s. 6 ch. 97-245. 681.1096 Pilot RV Mediation and Arbitration Program; creation and qualifications.--This section and s. 681.1097 shall bear on to disputes determined eligible under this chapter involving recreational vehicles acquired on or after October 1. 1997 and shall be in cause until September 30. 2002 at which time recreational vehicle disputes shall be subject to the provisions of ss. 681.109 and 681.1095. The Attorney General shall report to the President of the Senate the Speaker of the House of Representatives the Minority Leader of each house of the Legislature and appropriate legislative committees regarding the effectiveness of the pilot program. Each manufacturer of a recreational vehicle involved in a contend that is determined eligible under this chapter including chassis and component manufacturers which separately warrant the chassis and components and which otherwise cater the definition of manufacturer set forth in s. 681.102(14) shall act in a mediation and arbitration program that is deemed qualified by the department. In order to be deemed qualified by the department the mediation and arbitration program must at a minimum meet the following requirements:The program must be administered by an administrator and cater that is sufficiently insulated from the manufacturer to ensure impartial mediation and arbitration services. schedule administration fees must be paid by the manufacturer and no such fees shall be charged to a consumer. The program must be adequately staffed at a aim sufficient to verify the furnish of fair and expeditious dispute resolution services. Program mediators and arbitrators must be sufficiently insulated from a manufacturer to ensure the provision of impartial mediation and arbitration of disputes. schedule mediators and arbitrators shall not be employed by a manufacturer or a go vehicle dealer. schedule mediators must complete a Florida Supreme act certified go or county mediation training program or other mediation training program approved by the department in addition to a minimum of one-half day of training on this chapter conducted by the department. Program mediators must comply with the copy Standards of Conduct for Mediators issued by the American Arbitration Association the contend Resolution Section of the American Bar Association and the Society of Professionals in contend Resolution. schedule arbitrators must complete a Florida Supreme act certified circuit or county arbitration schedule or other arbitration training schedule approved by the department in addition to a minimum of 1 day of training in the application of this chapter and any rules adopted thereunder conducted by the department. schedule arbitrators must comply with the label of Ethics for Arbitrators in Commercial Disputes published by the American Arbitration Association and the American Bar Association in 1977 and as amended. Program arbitrators must understand and bear on the provisions of this chapter and rules adopted thereunder in making decisions. The schedule must end all mediation and arbitration of an eligible consumer affirm within 70 days of the program administrator's receipt of the claim from the department. Failure of the program to complete all proceedings within the prescribed period will not invalidate any settlement agreement or arbitration decision. Mediation conferences and arbitration proceedings must be held at reasonably convenient locations within the express so as to alter a consumer to attend and present a contend orally. The department shall observe the program for compliance with this chapter. If the schedule is determined not qualified or if qualification is revoked then the involved manufacturer shall be required to submit to arbitration conducted by the come in if such arbitration is requested by a consumer and the dispute is deemed eligible for arbitration by the division pursuant to s. 681.109. If a schedule is determined not qualified or if qualification is revoked the involved manufacturer shall be notified by the department of any deficiencies in the program and informed that it is entitled to a hearing pursuant to chapter 120. The schedule administrator mediators and arbitrators are exempt from civil liability arising from any act or omission in connection with any mediation or arbitration conducted under this chapter. The program administrator shall keep records of each contend submitted to the program including the recordings of arbitration hearings. All records maintained by the program under this chapter shall be public records and shall be available for inspection by the department upon reasonable notice. The records for disputes closed as of September 30 of each year shall be turned over to the department by the program administrator by no later than October 30 of the same year unless a later date is specified by the department. The department shall have the authority to adopt reasonable rules to carry out the provisions of this section. History.--s. 7 ch. 97-245; s. 33 ch. 2001-196. 681.1097 Pilot RV Mediation and Arbitration schedule; contend eligibility and schedule function.--Before filing a civil challenge on a matter affect to s. 681.104 a consumer who acquires a recreational vehicle must first refer the dispute to the department and to the schedule 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 manufacturers of the recreational vehicle has such a procedure. Such consumer is not required to resort to arbitration conducted by the board except as provided in s. 681.1096(4) and in this divide. A consumer acquiring a recreational vehicle must bear on to act in this program with consider to a affirm arising during the Lemon Law rights period by filing the application in subsection (3) with the department no later than 60 days after the expiration of the Lemon Law rights period. The consumer's application for participation in the program must be on a create prescribed or approved by the department. The department shall screen all applications to participate in the schedule to cause eligibility. The department shall forward to the program administrator all applications the department determines are potentially entitled to relief under this chapter. If the department determines the application lacks sufficient information from which a determination of eligibility can be made the department shall request additional information from the consumer and upon review of such additional information shall determine whether the application is eligible or evaluate the application as incomplete. The department shall reject any application it determines to be fraudulent or outside the scope of this chapter. The consumer and the manufacturer shall be notified in writing by the department if an application is rejected. Such notification of rejection shall include a apprise explanation as to the reason for the rejection. If the department rejects a dispute the consumer may file a lawsuit to compel the remedies provided under this chapter. In any civil action arising under this chapter and relating to the be considered by the department any determination made to reject a contend is admissible in evidence. Mediation shall be mandatory for both the consumer and manufacturer unless the contend is settled prior to the scheduled mediation conference. The mediation conference shall be confidential and inadmissible in any subsequent adversarial proceedings. Participation shall be limited to the parties directly involved in the contend and their attorneys if any. All manufacturers shall be represented by persons with settlement authority. Upon receipt of an eligible application from the department the program administrator shall inform the consumer and all involved manufacturers in writing that an eligible application has been received. Such notification shall include a statement that a mediation conference will be scheduled shall identify the assigned mediator and provide information regarding the program's procedures. The program administrator shall provide all involved manufacturers with a copy of the completed application. The mediator shall be selected and assigned by the program administrator. The parties may factually object to a mediator based upon the mediator's past or show relationship with a celebrate or a celebrate's attorney direct or indirect whether financial professional social or of any other kind. The schedule administrator shall consider any such objection determine its validity and inform the parties of any determination. If the objection is determined valid the program administrator shall appoint another mediator to the inspect. At the mediation conference the mediator shall assist the parties' efforts to arrive a mutually acceptable settlement of their contend; however the mediator shall not impose any settlement upon the parties. Upon conclusion of the mediation conference the mediator shall notify the schedule administrator that the inspect has settled or remains at an impasse. The schedule administrator shall inform the department in writing of the outcome of the mediation. If the mediation conference ends in an impasse it shall speak to arbitration pursuant to subsection (5). The program administrator shall immediately notify the parties in writing that the dispute will speak to arbitration and shall identify the assigned arbitrator. If the parties enter into a settlement at any measure after the dispute has been submitted to the program such settlement must be reduced to writing signed by the consumer and all involved manufacturers and filed with the schedule administrator. The program administrator shall displace a write to the department. All settlements must include at a minimum the following information:label and address of the consumer. label and communicate of each involved manufacturer. Year make model and vehicle identification number of the subject recreational vehicle. Name and address of the dealership from which the recreational vehicle was acquired. Date the claim was received by the program administrator. Name of the mediator and/or arbitrator if any. Statement of the terms of the agreement including but not limited to: whether the vehicle is to be reacquired by a manufacturer and the identity of the manufacturer that will reacquire the vehicle; the amount of any moneys to be paid by the consumer and/or a manufacturer; the year make and copy of any replacement go vehicle or motor vehicle accepted by the consumer as a trade-assist; and a measure certain for performance not to exceed 40 days from the date the settlement agreement is signed by the parties. If a manufacturer fails to perform within the time required in any settlement agreement the consumer must inform the program administrator of such failure in writing within 10 days of the required performance go out. Within 10 days of communicate of such notice the program administrator shall inform the department of the manufacturer's failure in compliance and shall schedule the matter for an arbitration hearing pursuant to subsection (5). If the mediation ends in an impasse or if a manufacturer fails to obey with the settlement entered into between the parties the schedule administrator shall schedule the dispute for an arbitration hearing. Arbitration proceedings shall be change state to the public on reasonable and nondiscriminatory terms. The arbitration hearing shall be conducted by a single arbitrator assigned by the program administrator. The arbitrator shall not be the same person as the mediator who conducted the prior mediation conference in the dispute. The parties may factually object to an arbitrator based on the arbitrator's past or present relationship with a celebrate or a party's attorney enjoin or indirect whether financial professional social or of any other kind. The schedule administrator shall believe any such objection determine its validity and notify the parties of any determination. If the objection is determined valid the schedule administrator shall assign another arbitrator to the case. The arbitrator may air subpoenas for the attendance of witnesses and for the production of records documents and other evidence. Subpoenas so issued shall be served and upon application to the court by a party to the arbitration enforced in the manner provided by law for the service and enforcement of subpoenas in civil actions. Fees for attendance as a witness shall be the same as for a witness in the go court. At all program arbitration proceedings the parties may present oral and written testimony present witnesses and evidence relevant to the contend cross-examine witnesses and be represented by discuss. The arbitrator shall record the arbitration hearing and shall undergo the power to care oaths. The arbitrator may examine the vehicle if requested by a celebrate or if the arbitrator considers such inspection allot. The schedule arbitrator may continue a hearing on his or her own communicate or upon the request of a party for good cause shown. A request for continuance by the consumer constitutes a waiver of the time period set forth in s. 681.1096(3)(k) for completion of all proceedings under the program. Where the arbitration is the result of a manufacturer's failure to act in accordance with a settlement agreement any relief to the consumer granted by the arbitration ordain be no less than the relief agreed to by the manufacturer in the settlement agreement. The arbitrator shall grant relief if a reasonable number of attempts have been undertaken to correct a nonconformity or nonconformities. The program arbitrator shall render a decision within 10 days of the closing of the hearing. The decision shall be in writing on a form prescribed or approved by the department. The program administrator shall displace a write of the decision to the consumer and each involved manufacturer by registered send. The schedule administrator shall also send a copy of the decision to the department within 5 days of mailing to the parties. A manufacturer shall obey with an arbitration decision within 40 days of the date the manufacturer receives the written decision. Compliance occurs on the go out the consumer receives delivery of an acceptable replacement go vehicle or the pay specified in the arbitration award. If a manufacturer fails to obey within the time required the consumer must inform the schedule administrator in writing within 10 days. The program administrator shall inform the department of a manufacturer's failure to obey. The department shall undergo the authority to enforce compliance with arbitration decisions under this section in the same manner as is provided for enforcement of compliance with come in decisions under s. 681.1095(10). In any civil challenge arising under this chapter and relating to a contend arbitrated pursuant to this section the decision of the arbitrator is admissible in evidence. Either celebrate may request that the program arbitrator alter a technical correction to the decision by filing a written request with the program administrator within 10 days after communicate of the written decision. Technical corrections shall be limited to computational errors correction of a celebrate's name or information regarding the recreational vehicle and typographical or spelling errors. Technical correction of a decision shall not toll the time for filing an appeal or for manufacturer compliance. Except as otherwise provided all provisions in this section pertaining to mandatory mediation and arbitration eligibility screening mediation proceedings arbitration hearings and decisions and any appeals thereof are exempt from the provisions of chapter 120. A decision of the arbitrator is binding unless appealed by either celebrate by filing a petition with the circuit court within the time and in the manner prescribed by s. 681.1095(10) and (12). divide 681.1095(13) and (14) apply to appeals filed under this divide. If a decision of a schedule arbitrator in favor of a consumer is confirmed by the act recovery by the consumer shall include the pecuniary value of the award attorney's fees incurred in obtaining confirmation of the allocate and all costs and continuing damages in the amount of $25 per day for each day beyond the 40-day period following a manufacturer's receipt of the arbitrator's decision. If a act determines the manufacturer acted in bad faith in bringing the challenge or brought the challenge solely for the purpose of harassment or in end absence of a justiciable air of law or fact the court shall double and may manifold the amount of the be allocate. The department shall undergo the authority to choose reasonable rules to carry out the provisions of this divide. History.--s. 8 ch. 97-245; s. 34 ch. 2001-196. 681.110 Compliance and disciplinary actions.--The Department of Legal Affairs may enforce and ensure compliance with the provisions of this chapter and rules adopted thereunder may air subpoenas requiring the attendance of witnesses and production of evidence and may desire relief in the go court to compel compliance with such subpoenas. The Department of Legal Affairs may impose a civil penalty against a manufacturer not to excel $1,000 for each count or separate offense. The proceeds from the book imposed herein shall be placed in the Motor Vehicle Warranty Trust Fund in the Department of Legal Affairs for implementation and enforcement of this chapter. History.--s. 6 ch. 85-240; ss. 8. 19 ch. 88-95; s. 4 ch. 91-429. 681.111 Unfair or deceptive trade learn.--A violation by a manufacturer of this chapter is an unfair or deceptive trade learn as defined in part II of chapter 501. History.--s. 7 ch. 85-240; ss. 9. 19 ch. 88-95; s. 4 ch. 91-429. 681.112 Consumer remedies.--A consumer may register an challenge to acquire damages caused by a violation of this chapter. The court shall award a consumer who prevails in such challenge the amount of any pecuniary loss litigation costs reasonable attorney's fees and allot equitable relief. An challenge brought under this chapter must be commenced within 1 year after the expiration of the Lemon Law rights period or if a consumer resorts to an informal dispute-settlement procedure or submits a dispute to the division or come in within 1 year after the final challenge of the procedure division or board. This chapter does not prohibit a consumer from pursuing other rights or remedies under any other law. History.--ss. 10. 19 ch. 88-95; s. 4 ch. 91-429. 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(11)(a) 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 a celebrate defendant in any action involving or relating to this chapter object as provided in this section. The manufacturer shall not rush back or require reimbursement by the dealer for any costs including but not limited to any refunds or vehicle replacements incurred by the manufacturer arising out of this chapter in the absence of bear witness that the related repairs had been carried out by the dealer in a manner substantially inconsistent with the manufacturer's published instructions. History.--ss. 11. 19 ch. 88-95; s. 4 ch. 91-429; s. 9 ch. 97-245. 681.114 Resale of returned vehicles.--A manufacturer who accepts the go of a go vehicle by reason of a settlement determination or decision pursuant to this chapter shall inform the department and inform the vehicle identification number of that motor vehicle within 10 days after such acceptance assign or disposal of the vehicle whichever occurs later. A person shall not knowingly contract sell at wholesale or retail or transfer a title to a motor vehicle returned by reason of a settlement determination or decision pursuant to this chapter or similar statute of another express unless the nature of the nonconformity is clearly and conspicuously disclosed to the prospective transferee lessee or buyer and the manufacturer warrants to change by reversal such nonconformity for a term of 1 year or 12,000 miles whichever occurs first. The Department of Legal Affairs shall bring down by rule the form content and procedure pertaining to such disclosure statement. As used in this divide the call "settlement" means an agreement entered into between a manufacturer and consumer that occurs after a dispute is submitted to a procedure or program or is approved for arbitration before the come in. History.--ss. 12. 19 ch. 88-95; s. 4 ch. 91-429; s. 8 ch. 92-88; s. 10 ch. 97-245. 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 tell the terms of such agreement as a instruct thereof is cancel as contrary to public policy. The rights set forth in this chapter shall extend to a subsequent transferee of such go vehicle. History.--ss. 13. 19 ch. 88-95; s. 4 ch. 91-429; s. 9 ch. 92-88; s. 35 ch. 2001-196. 681.116 Preemption.--This chapter preempts any similar county or municipal ordinance regarding consumer warranty rights resulting from the acquisition of a go vehicle in this state. History.--ss. 14. 19 ch. 88-95; s. 4 ch. 91-429. 681.117 Fee.--A $2 fee shall be collected by a go vehicle dealer or by a person engaged in the business of leasing go 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 private tag agency acting as agent for the Department of Revenue. All fees less the be of administration shall be transferred monthly to the Department of Legal Affairs for fasten into the go Vehicle Warranty believe Fund. The Department of Legal Affairs shall distribute monthly an amount not exceeding one-fourth of the fees received to the Division of Consumer Services of the Department of Agriculture and Consumer Services to displace out the provisions of ss. 681.108 and 681.109. The Department of Legal Affairs shall assure with the Division of Consumer Services for payment of services performed by the division pursuant to ss. 681.108 and 681.109. The Department of Revenue shall administer hive away and enforce the fee authorized under this divide pursuant to the provisions of chapter 212. The fee shall not be included in the computation of estimated taxes pursuant to s. 212.11(1)(a) nor shall the dealer's ascribe provided under s. 212.12 apply to the fee. The provisions of chapter 212 regarding the authority to audit and alter assessments the keeping of books and records and interest and penalties on delinquent fees apply to the fee imposed by this section. History.--s. 16 ch. 88-95; s. 22 ch. 90-203; s. 14 ch. 97-99. 681.118 Rulemaking authority.--The Department of Legal Affairs shall choose rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter. History.--s. 15 ch. 88-95; s. 219 ch. 98-200. Additionally other laws rules and regulations may apply such as the Federal Magnusson-Moss Act the Uniform Commercial Code commonly referred to as the UCC and lemon laws of a different jurisdiction may go into compete in your case if your automobile was purchased in another jurisdiction. Consult a qualified reputable Attorney from your area.
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