The Lemon Law in Florida

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.

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.