Florida Consumer Protection Laws: Lemon Law, Refunds, Repairs and Scams

Florida's lemon law covers new vehicles sold in Florida, including recreational vehicles (except the living quarters), demonstrators and leased vehicles, but not motorcycles, mopeds, off-road vehicles or trucks over 10,000 pounds. The "Lemon Law rights period" is the 24 months after original delivery. A reasonable number of repair attempts is presumed if, during that period, the same defect was repaired at least three times plus a final repair attempt by the manufacturer (after the consumer's written notice) and still exists, or the vehicle was out of service for repairs a total of 30 or more days (60 for recreational vehicles). If the defect substantially impairs use, value or safety and cannot be fixed, the manufacturer must, within 40 days, repurchase the vehicle and refund the full purchase price, or replace it with a vehicle acceptable to the consumer, in either case less a reasonable offset for use and including collateral and incidental charges. The consumer has an unconditional right to choose a refund.

A buyer may cancel a home solicitation sale (a sale, lease or rental of consumer goods or services over $25, personally solicited and completed away from the seller's fixed business location, including certain unsolicited phone sales) until midnight of the third business day after signing. Cancellation is by written notice in person, by telegram or by mail (effective when postmarked) to the address in the agreement, in any form that shows the buyer's intent to cancel.

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA, Fla. Stat. § 501.201 et seq.) prohibits unfair methods of competition and unconscionable, deceptive or unfair practices in trade or commerce. Anyone aggrieved by a violation can seek a declaratory judgment and injunction, and a person who suffered a loss may recover actual damages plus attorney's fees and court costs.

If repair work will cost more than $150, a motor vehicle repair shop must give a written estimate before doing any diagnostic or repair work (the customer can sign a form waiving it), including the estimated cost, completion date, and a choice on whether replaced parts should be saved for inspection or return. The shop must notify the customer and get oral or written authorization before charging more than the estimate by $10 or 10 percent, whichever is greater (but not more than $50). The shop may not keep the car because the customer refuses to pay for unauthorized repairs, and must give an itemized invoice identifying used, rebuilt or reconditioned parts.

When the Governor declares a state of emergency, it is unlawful to rent or sell, or offer, essential commodities (supplies, services, provisions or equipment needed because of the emergency) or dwelling units or self-storage facilities at an unconscionable price in the emergency area. A price is prima facie unconscionable if it is a gross disparity from, or grossly exceeds, the average price in the 30 days before the declaration, unless the increase is due to added costs or regional, national or international market trends. The ban lasts up to 60 days under the initial declaration and can be extended by executive order.

A gift certificate or gift card purchased in Florida (and a store credit memo issued for returned merchandise) may not have an expiration date or any post-sale fee, such as service, dormancy, account-maintenance or cash-out fees. Exceptions allow disclosed expiration dates of at least 3 years for charitable-contribution certificates, at least 1 year for employee-incentive certificates, and expiration for free promotional or loyalty certificates and certain event packages. The rule does not apply to cards issued by financial institutions or money services businesses that work at multiple unaffiliated merchants.

A retail store that offers no cash refund, credit refund or exchange must post a sign saying so at the point of sale. If no "no refund" sign is posted, a refund or exchange policy is presumed to exist and must be given in writing on request. A store that does not comply must give a refund, on request and with proof of purchase, for unused merchandise in its original carton returned within 7 days of purchase. Food, perishables, and custom-made or custom-altered goods are excluded.

A credit service organization (credit repair company) may not charge or receive payment before fully performing its services unless it has a $10,000 surety bond and a trust account at a federally insured Florida institution, and then it must hold the money in trust until the services are complete. It may not charge just for referring a buyer to a lender offering ordinary terms, or make or advise false or misleading statements to credit bureaus or creditors.

A contractor (licensed or not) who receives an initial payment of more than 10 percent of the contract price for repair, improvement or construction of residential property must apply for any needed permits within 30 days and start work within 90 days after permits issue, unless there is just cause or the owner agreed in writing to a longer period. If not, the owner may send a written demand by certified mail to apply for permits, start work, or refund the payment; failing to do so within 30 days of the demand allows an inference of no just cause.

A business that maintains computerized personal information of Florida residents must notify affected individuals as quickly as practicable and without unreasonable delay, and no later than 30 days after determining a breach occurred or having reason to believe one occurred. Notice may be delayed at law enforcement's written request, and is not required if, after an appropriate investigation and consultation with law enforcement, the business reasonably determines the breach has not and will not likely result in identity theft or other financial harm (that determination must be documented, kept for 5 years and sent to the Department of Legal Affairs within 30 days).

The Florida Department of Agriculture and Consumer Services (FDACS) takes complaints about businesses, whether or not it regulates the specific industry, through its online complaint pages. The Attorney General's Consumer Protection Division is the civil enforcement authority for the Florida Deceptive and Unfair Trade Practices Act.

1) Written notice and final repair attempt: after three attempts to repair the same defect, the consumer must notify the manufacturer in writing by registered or express mail so it can make a final repair attempt. The manufacturer has 10 days after receiving the notice to respond and offer a repair at a reasonably accessible facility, then 10 days (45 for a recreational vehicle) after the vehicle is delivered there to fix it; if it does not respond or repair in time, the final-attempt requirement no longer applies. If the vehicle has been out of service for 15 or more days in total, the consumer must also notify the manufacturer in writing by registered or express mail so it can inspect or repair the vehicle. 2) Manufacturer program: if the manufacturer has a dispute program certified by the Department of Legal Affairs (Attorney General) and told the consumer how to use it, the consumer must use it first, filing no later than 60 days after the 24-month Lemon Law rights period ends. 3) State arbitration: the Florida New Motor Vehicle Arbitration Board, run by the Attorney General's office, hears disputes when the manufacturer has no certified program, the program lacks jurisdiction, it does not decide within 40 days, or the consumer is unhappy with its decision. The request, on a department form, is due no later than 60 days after the rights period ends or 30 days after the program's final action, whichever is later. Before suing, the consumer must first submit the dispute to the department, and to the Board if it is found eligible. The Board hears the case within 40 days and decides within 60 days after the request is approved; either side may appeal to circuit court within 30 days after receiving the decision. 4) Deadline to sue: within 1 year after the rights period ends, or within 1 year after the final action of the program, department or Board if the consumer used one.