Chapter 681 — Chapter 681
20 sections in this chapter.
Fla. Stat. § 681.10 Short title
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This chapter shall be known and may be cited as the “Motor Vehicle Warranty Enforcement Act.”
Fla. Stat. § 681.101 Legislative intent
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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 ma…
Fla. Stat. § 681.102 Definitions
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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 auth…
Fla. Stat. § 681.103 Duty of manufacturer to conform a motor vehicle to the warranty
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(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 …
Fla. Stat. § 681.104 Nonconformity of motor vehicles
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(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 nonconformit…
Fla. Stat. § 681.106 Bad faith claims
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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 rea…
Fla. Stat. § 681.108 Dispute-settlement procedures
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(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 h…
Fla. Stat. § 681.109 Florida New Motor Vehicle Arbitration Board; dispute eligibility
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(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 proced…
Fla. Stat. § 681.1095 Florida New Motor Vehicle Arbitration Board; creation and function
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(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 accountab…
Fla. Stat. § 681.1096 RV Mediation and Arbitration Program; creation and qualifications
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(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 chapte…
Fla. Stat. § 681.1097 RV Mediation and Arbitration Program; dispute eligibility and program function
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(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. 681.1…
Fla. Stat. § 681.110 Compliance and disciplinary actions
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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 subpoen…
Fla. Stat. § 681.111 Unfair or deceptive trade practice
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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
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(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 …
Fla. Stat. § 681.113 Dealer liability
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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…
Fla. Stat. § 681.114 Resale of returned vehicles
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(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, transfe…
Fla. Stat. § 681.115 Certain agreements void
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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 chap…
Fla. Stat. § 681.116 Preemption
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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
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(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…
Fla. Stat. § 681.118 Rulemaking authority
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The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.