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Florida Laws Motorists and Motor Vehicles
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First Time Driver Course: (4 Hrs.) |
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Florida's Lemon Law
* Florida Lemon Law - The Statute
Download Defect Notification Form
Is my vehicle covered?
The Lemon Law program DOES NOT COVER USED CARS, vehicles that run only on tracks, off-road vehicles, trucks over 10,000 pounds gross vehicle weight, motorcycles, mopeds or the living facilities of recreational vehicles. In order to find out if you could qualify for protection under the Lemon Law, please review the follow information or for additional assistance, call the Department of Consumer Services today at 1-800-321-5366.
How The Florida Lemon Law Works
The Lemon Law covers defects or conditions that substantially impair the use, value or safety of the new or demonstrator vehicle (these are called "nonconformities"). These defects must be first reported to the manufacturer or it authorized service agent (usually, this is the dealer) during the "Lemon Law Rights Period," which is the first 24 months after the date of delivery of the motor vehicle to the consumer. If the manufacturer fails to conform the vehicle to the warranty after a reasonable number of attempts to repair these defects, the law requires the manufacturer to buy back the defective vehicle and give the consumer a purchase price refund or a replacement vehicle. The law does not cover defects that result from accident, neglect, abuse, modification or alteration by persons other than the manufacturer or its authorized service agent. DO NOT DELAY in reporting a problem as this may cost valuable time and protection.
Consumers should KEEP RECORDS of all repairs and maintenance. A written repair order should be obtained from the service agent (dealer) for each examination or repair under the warranty. The consumer should note the date the vehicle was taken in for repair and date he or she was notified that work was completed. Odometer mileage when the vehicle was taken to the shop and when it was picked up after repair should also be noted. Consumers should keep all receipts or invoices for payment of expenses related to the purchase/lease of the vehicle and to any repair.
If the vehicle has been back to the service agent for repair of the same recurring problem at least three times, the consumer gives written notification by certified, registered or express mail, to the manufacturer (not the dealer) to afford a final opportunity to repair the vehicle. Check the warranty book or owner’s manual or other written manufacturer supplement for the address given by the manufacturer. A Motor Vehicle Defect Notification form may used for this purpose. Click here for the Instructions and Motor Vehicle Defect Notification form. Upon receipt of the notification, the manufacturer has 10 days to direct the consumer to a reasonably accessible repair facility, and then up to 10 days from delivery of the vehicle to fix it.
If the vehicle is in and out of the authorized repair shop for repair of one or more different problems for 15 or more cumulative days, the consumer gives written notification of this fact to the manufacturer (not the dealer), by certified, registered or express mail. Check the warranty book or owner’s manual or other written manufacturer supplement for the address given by the manufacturer. A Motor Vehicle Defect Notification form may used for this purpose. Click here for the Instructions and Motor Vehicle Defect Notification form. After the manufacturer’s receipt of the notification, the manufacturer or its authorized service agent must have at least one opportunity to inspect or repair the vehicle. The consumer may be eligible for a purchase price refund or a replacement vehicle if the vehicle is out of service for repair for a cumulative total of 30 or more days.
If the manufacturer does not provide a refund or a replacement vehicle, consumers may invoke their rights through one or two arbitration programs. The dispute must be submitted for arbitration to a manufacturer sponsored program, if that program was certified by the State of Florida when the consumer purchase or leased the vehicle and the manufacturer's warranty or other written material explained how and where to file a claim with a state-certified program.
A list of Manufacturers who sponsor state-certified programs can be found by clicking here , or to find out if a manufacturer has a state-certified program, Consumers in Florida may call the Lemon Law Hotline (1-800-321-5366), consumers out of state may call (850) 488-2221. "State-certified" means the manufacturer’s program meets certain state and federal requirements; it does not mean that the program is administered or sponsored by the State of Florida.
If a manufacturer has no state-certified program, or if the manufacturer has a state-certified program, but the program fails to make a decision in 40 days, or the consumer is not satisfied with the state-certified program's decision, the dispute must be submitted to the Florida New Motor Vehicle Arbitration Board, which is administered by the Office of the Attorney General. The consumer initiates the process by contacting the Lemon Law Hotline (1-800-321-5366; 1-850-488-2221) to obtain a Request for Arbitration form. The form is submitted for eligibility screening to the Department of Agriculture and Consumer Services, Division of Consumer Services.
Once a case is approved for arbitration before the Florida New Motor Vehicle Arbitration Board, a hearing will be scheduled within 40 days. A panel of three arbitrators hears the case at a location that is reasonably convenient for the consumer. Hearings are held during normal working hours and are conducted in accordance with Florida's Open Meetings Law. Arbitration hearings are conducted in English. Consumers who do not speak or understand English must bring an interpreter to the hearing, at the consumer’s expense. The interpreter should be fluent in both languages, since the hearing may contain very technical evidence that must be translated precisely. At the hearing's conclusion, the board renders an oral decision which is subsequently reduced to writing and mailed to the consumer and the manufacturer.
If the board determines the vehicle is a "lemon," the consumer is awarded either a replacement vehicle or a refund (the Consumer may choose whether they want a refund instead of a replacement vehicle), including costs incurred in connection with the acquisition of the vehicle (collateral charges) and costs directly caused by the substantial defect which resulted in the award (incidental charges). The consumer is charged an offset for the use of the vehicle. The offset is calculated according to a statutory formula based on the mileage attributable to the consumer as of the date of settlement or an arbitration hearing, whichever occurs first. The case is dismissed if the board rules in favor of the manufacturer. Decisions of the board are final unless an appeal is filed with the circuit court within 30 days. If the award is not appealed, the manufacturer must comply within 40 days of receipt of the written decision.
Lemon Law Remedy Calculation Guideline
The following information is provided as a guideline to assist consumers in estimating the amount a consumer might recover if a refund or a replacement motor vehicle is awarded under the Lemon Law. The information is provided as a guide, only, and does not constitute a guarantee of entitlement to any relief under the law. Whether the consumer is entitled to a remedy under the Lemon Law, and the amount of any such remedy, is determined by the New Motor Vehicle Arbitration Board on a case-by-case basis. The consumer and manufacturer may also agree, before the arbitration hearing, to a remedy that may be more or less than what is calculated using this guideline. This is a general guideline only, and may not apply to every situation.
CALCULATING THE REASONABLE OFFSET FOR USE: The Lemon Law charges the consumer an offset for their use of the vehicle, which is based on the mileage the consumer has put on the vehicle as of the date of a settlement agreement or an arbitration hearing, whichever occurs first. In the case of a refund award, the cash awarded to the consumer is reduced by the amount of the offset. In the case of a replacement vehicle award, the consumer will have to pay the offset to the manufacturer to obtain the replacement motor vehicle.
Formula: Purchase Price (reduced by any manufacturer rebate to the consumer and exclusive of debt from any other transaction) (Note, if a Lease, purchase price is the price the lessor paid for the vehicle) multiplied by Mileage attributable to the Consumer (reduced by mileage at delivery and other non-consumer mileage) as of the date of settlement or an arbitration hearing, divided by 120,000 (60,000 if the vehicle is a recreation vehicle).
Examples of "other non-consumer mileage" include, but are not limited to: test drives by the service agent during the course of repairs, by the manufacturers during pre-arbitration vehicle inspections, by independent inspectors of manufacturer-sponsored informal dispute settlement programs, by decision-makers of manufacturer-sponsored informal dispute settlement programs and by the New Motor Vehicle Arbitration Board during state-run arbitration hearings, etc.
EXAMPLE: (non-RV): If your purchase price was $24,000.00 and your mileage at the applicable date was 20,000 miles, your offset would be $4,000.00.
EXAMPLE: (RV): If your purchase price was $50,000.00 and your mileage at the applicable date was 10,000 miles, your offset would be $8,333.33.
IF YOU ARE SEEKING A REFUND, the refund is calculated depending upon whether you financed the purchase, leased the vehicle or paid cash. Each of these is addressed below.
IF YOU FINANCED THE PURCHASE OF YOUR VEHICLE, by borrowing all or a portion of the purchase price, your finance institution (e.g. bank, credit union or finance company) may have a lien on the vehicle. The Lemon Law states that, in these situations, if a refund is awarded, the consumer and the lienholder (bank, credit union or finance company) shall be paid as their interests may appear. This usually means that the consumer is awarded the amounts paid by the consumer toward the purchase of the vehicle, reduced by the offset for use, and the loan on the vehicle is paid off by the manufacturer. The following are examples of items that may be recoverable by the Consumer:
1. The amount of any cash down payment (Note that if the down payment is, in whole or in part, a manufacturer rebate, the portion that is a rebate usually will not be included in the consumer’s award);
2. The amount of periodic payments (principal and interest) made on the loan as of date of repurchase of the vehicle by the manufacturer;
3. The amount of any reasonable "collateral charges" in addition to the cash down payment (costs wholly incurred as a result of the acquisition of the vehicle) that were not financed (e.g. window tinting, government fees, extended warranty, additional items installed in/on the vehicle, etc.). You should have some documentation or other proof of the amount paid, such as canceled checks, receipts, invoices, etc.
4. The amount of any allowance for a trade-in vehicle. This means the net trade-in allowance in the purchase agreement, if this is acceptable to the Consumer and Manufacturer. If this amount is not acceptable, then, 100% of the retail value of the trade-in vehicle as depicted in the NADA Official Used Car Guide (Southeastern Edition) in effect at the time of the trade-in. The Manufacturer must produce the applicable NADA guide.
IMPORTANT NOTE ABOUT TRADE-IN ALLOWANCES: If you traded in a vehicle on which you owed a debt to a lienholder, and the dealer "inflated" or increased the allowance for your trade-in to account for this debt, the manufacturer may not accept the net trade-in allowance on your purchase agreement. In this event, the Arbitration Board will look to the retail value of the trade-in vehicle, as reflected in the NADA Official Used Car Guide (Southeastern Edition) which was in effect at the time of your trade-in, and that figure will be reduced by the amount of debt you owed on your trade-in vehicle when you traded it in. If the NADA Guide provides for increasing the retail value for such things as low mileage, and specified accessories, and your trade-in vehicle had these items, the Board may utilize the higher retail value. Use of the NADA Guide in these circumstances could result in your trade-in allowance being a negative amount, which may further reduce the amount of money awarded to you.
On the other hand, if you traded in a vehicle on which there was minimal, or no debt remaining, and the net trade-in allowance given by the selling dealer was less than the retail value in the NADA guide, use of the NADA retail value may increase the amount of money awarded to you. Some research on this issue prior to entering into settlement negotiations or prior to an arbitration hearing might assist you in making an informed election with regard to your trade-in allowance. You should inquire of your local public library whether they have the correct edition of the NADA Guide. If you have a pending arbitration claim, you may also request the Manufacturer to produce a copy of the page(s) of the guide applicable to your trade-in vehicle.
5. The amount of any reasonable "incidental charges" (e.g. postage, long distance calls, rental car, towing, warranty deductibles or repair charges, etc.) incurred as a direct result of the nonconformity (defect or condition that substantially impairs the use, value or safety of the vehicle). You should have some documentation or other proof of the amount paid, such as canceled checks, receipts, invoices, etc.
To arrive at a total, add the amounts in numbers 1 through 4, above (if your trade-in allowance is a negative, the effect will be to subtract that amount), then, subtract the offset for use, and then add the total of any amounts in number 5. This should give you an estimate of your portion of a refund. The lienholder (your lending institution or finance company) should be paid the balance owed or payoff on the loan as of the date the vehicle is repurchased by the Manufacturer.
IF YOU LEASED YOUR VEHICLE, then you are the "lessee" and the entity to which you send your payments every month is, most likely, the "lessor." The Lemon Law states that refunds shall be made to the lessor and lessee as follows: the lessee shall receive the "lessee cost" (which is the aggregate deposit and rental payments previously paid by the lessee) and the lessor shall receive the "lease price" (which is defined in the statute) less the lessee cost. The lessor shall not charge a penalty for early termination of the lease. In layman’s terms, the consumer/lessee’s portion of the refund may consist of:
1. The amount of any security deposit paid at lease signing;
2. Other costs paid out-of-pocket to obtain the lease (e.g. service fees, pro-rated taxes, government fees, first monthly payment in advance, etc.);
3. Total amount of lease payments (in addition to a first month’s payment made in advance at lease signing) made as of the date of repurchase of the vehicle;
4. The amount of any allowance for a trade-in vehicle. (See Number 4 in the "If You Financed the Purchase of Your Vehicle" section and the "Important Note About Trade-in Allowances." All of those provisions apply to lease transactions);
5. The amount of any reasonable "collateral charges" (costs wholly incurred as a result of the acquisition of the vehicle) that were not included in the amounts paid at lease signing or incorporated in your monthly lease payments (e.g. window tinting, government fees, extended warranty, additional items installed in/on the vehicle, etc.). You should have some documentation or other proof of the amount paid, such as canceled checks, receipts, invoices, etc.
6. The amount of any reasonable "incidental charges" (e.g. postage, long distance calls, rental car, towing, warranty deductibles or repair charges, etc.) incurred as a direct result of the nonconformity (defect or condition that substantially impairs the use, value or safety of the vehicle). You should have some documentation or other proof of the amount paid, such as canceled checks, receipts, invoices, etc.
To arrive at a total, add the amounts in numbers 1 through 5, above (if your trade-in allowance is a negative, the effect will be to subtract that amount), then, subtract the offset for use, and then add the total of any amounts in number 6. This should give you an estimate of your portion of a refund. The Manufacturer should pay the lessor the "lease price" less the aggregate deposit and lease payments previously paid by you.
IF YOU PAID CASH TO PURCHASE YOUR VEHICLE: Your refund may include the following:
1. Total cash paid to acquire the vehicle, reduced by any manufacturer rebate, if applicable;
2. The amount of any allowance for a trade-in vehicle. (See Number 4 in the "If You Financed the Purchase of Your Vehicle" section and the "Important Note About Trade-in Allowances.")
3. The amount of any reasonable "collateral charges" not included in the cash paid to acquire the vehicle (costs wholly incurred as a result of the acquisition of the vehicle, e.g. window tinting, extended warranty, additional items installed in/on the vehicle, etc.). You should have some documentation or other proof of the amount paid, such as canceled checks, receipts, invoices, etc.
4. The amount of any reasonable "incidental charges" incurred as a direct result of the nonconformity (defect or condition that substantially impairs the use, value or safety of the vehicle, e.g. postage, long distance calls, rental car, towing, warranty deductibles or repair charges, etc.). You should have some documentation or other proof of the amount paid, such as canceled checks, receipts, invoices, etc.
To arrive at a total, add the amounts in numbers 1 through 3, above (if your trade-in allowance is a negative, the effect will be to subtract that amount), then, subtract the offset for use, and then add the total of any amounts in number 4.
IF YOU ARE SEEKING A REPLACEMENT VEHICLE, the Lemon Law defines a "replacement motor vehicle" as a motor vehicle which is identical or reasonably equivalent to the motor vehicle being replaced, as the motor vehicle being replaced existed at the time of acquisition. "Reasonably equivalent to the motor vehicle to be replaced" means the manufacturer’s suggested retail price (MSRP) of the replacement vehicle shall not exceed 105 percent of the MSRP of the vehicle being replaced. In the case of a recreation vehicle, the retail price of the replacement recreation vehicle shall not exceed 105 percent of the purchase price of the recreation vehicle being replaced. IMPORTANT: If your vehicle was leased, or if you purchased it with financing and you still owe on your loan, you should contact your lessor or lender to find out whether you will be able to "swap" your original vehicle for the replacement vehicle under your existing lease or loan, and if you will incur additional costs. If you have a lease, the lessor cannot charge you an early termination penalty for the replacement vehicle. In addition to the replacement vehicle, you may also recover the following:
1. The amount of any reasonable "collateral charges" (costs wholly incurred as a result of the acquisition of the vehicle, e.g. earned financed charges (interest paid on your loan or lease as of the date of repurchase), window tinting, extended warranty, additional items installed in/on the vehicle, etc.). You should have some documentation or other proof of the amount paid, such as canceled checks, receipts, invoices, etc.; and/or
2. The amount of any reasonable "incidental charges" incurred as a direct result of the nonconformity (defect or condition that substantially impairs the use, value or safety of the vehicle, e.g. postage, long distance calls, rental car, towing, warranty deductibles or repair charges, etc.). You should have some documentation or other proof of the amount paid, such as canceled checks, receipts, invoices, etc.
REMEMBER that you will have to pay the Manufacturer the "reasonable offset for use."
State-Certified, Manufacturer-Sponsored Programs
1. The following manufacturers sponsor the BBB/AUTOLINE program and are certified by the State:
Acura
AM General
Audi
Bentley
Honda
Hyundai
Infiniti
Isuzu
Kia
Nissan
Saab
Saturn
Volkswagen
General Motors (Buick, Cadillac, Chevrolet, Hummer, Pontiac-GMC, Oldsmobile)
2. The following manufacturer also sponsors the BBB/AUTOLINE and effective for motor vehicles acquired on or after May 27, 2005, is certified by the State:
Ford Motor Company (Ford, Lincoln and Mercury)
3. The following manufacturer also sponsors the BBB/AUTOLINE and effective for motor vehicles acquired on or after December 21, 2007, is certified by the State:
Mazda Motor of America, Inc.
4. The following manufacturers sponsor the National Center for Dispute Settlement (NCDS) and are certified by the State:
Porsche
Toyota and Lexus
If your vehicle is made by any manufacturer listed above, the manufacturer must, at the time of purchase or lease, provide you with written information regarding how and where to file a claim with the State-certified program. Check your warranty book or owner's manual, or a separate supplement included with your purchase/lease materials. If the manufacturer has met these requirements, then you must first apply to the state-certified, manufacturer-sponsored program before you are eligible for a hearing before the Fla. New Motor Vehicle Arbitration Board administered by the Office of the Attorney General. DO NOT DELAY! You must apply with the manufacturer-sponsored, state-certified program within 60 days after the expiration of the "Lemon Law rights period," which is 24 months from the date of delivery of your vehicle to you.
If the BBB/AUTOLINE or NCDS, whichever is applicable, does not make a decision within 40 days of the date you apply, or if you are not satisfied with the Program’s decision for any reason, then you are eligible to file for arbitration with the Fla. New Motor Vehicle Arbitration Board, the state-run arbitration program. DO NOT DELAY! You must file with the state-run Program within 60 days of the expiration of your Lemon Law rights period, or 30 days of the final action of the BBB/AUTOLINE or NCDS, whichever date is later. Call the Lemon Law Hotline 1-800-321-5366 (850-488-2221 out-of-state or in Tallahassee) or click here to get a New Motor Vehicle Arbitration Board Request for Arbitration form.
If your vehicle is made by any manufacturer not listed above, then you are NOT required to submit to any manufacturer-sponsored program before filing with the state run arbitration program. This is very important because the time for filing your claim with the State of Florida may not be extended during participation in a manufacturer-sponsored program which is not certified by the State. If you go through a manufacturer-sponsored arbitration or mediation program that is not state-certified before filing with the state, you may run out of time to file with the state.
These Manufacturers sponsor programs that have NOT been certified by the state and you are NOT REQUIRED to use them to preserve your rights under the Lemon Law:
* DaimlerChrysler (Customer Arbitration Board);
* Ford Motor Company (Dispute Settlement Board); NOTE, this is a different program from the BBB/AUTOLINE program.
Some manufacturers who do not offer state-certified programs may, either through written materials (e.g. the address in the warranty for sending written notification may be the same as the address for filing a claim with a non-certified program), customer service call numbers or their dealers, attempt to encourage you to make use of these programs. BE AWARE that submitting a claim to a non-certified manufacturer-sponsored program may cost you valuable time and your Lemon Law rights.
New Motor Vehicle Arbitration Board Application
The Florida New Motor Vehicle Arbitration Board is established within the Department of Legal Affairs to resolve warranty disputes between consumers and new motor vehicle manufacturers under Florida's "Lemon Law."
A panel of three arbitrators hears each case. Hearings are held on weekdays during normal business hours and usually last from two to four hours. Arbitrators should be available to conduct hearings an average of two to three days per month, depending upon the caseload in their area. Hearings are held in the regional offices of the Attorney General and may also be held at other nearby vicinities. All hearings are open to the public.
Arbitrators are appointed to the board by the Attorney General for an initial term of one year, and may be reappointed for subsequent terms of up to two years. If a vacancy occurs during the term, it may be filled at any time. Arbitrators are compensated at a rate prescribed by the Attorney General, currently $75 per case heard and decided. They may receive additional compensation of $20 for extra duties performed, including telephone hearings, prehearing conferences and continued hearings. When travel away from their headquarters is required, arbitrators are reimbursed for expenses according to state and departmental travel policies.
A legal background, automotive technical experience, a background in engineering, experience or training in alternative dispute resolution or general experience in reviewing and analyzing information are helpful qualifications. Applicants are interviewed and are subject to a background check by the Florida Department of Law Enforcement prior to appointment. Arbitrators are required to attend a training session each year, usually in the summer, and must observe at least two arbitration hearings before serving on a panel.
The Office of the Attorney General seeks to have the board's composition reflect the rich diversity of Florida's population. Completion of an arbitrator application form is required for consideration. Applications for appointment to the board may also be obtained from and should be submitted to:
Office of the Attorney General
Lemon Law Arbitration Program
ATTN: Carol Howell
The Capitol, PL-01
Tallahassee, Florida 32399-1050
(850) 414-3500 (Phone) (850) 488-7295 (Fax)
Recreation Vehicles
Purchasers of new or demonstrator recreation vehicles (not van or truck conversions) should be provided with the "Consumer Guide to the Florida Lemon Law" by their selling dealer at the time of purchase. The Consumer Guide contains a section that explains Lemon Law coverage for recreation vehicles. If you did not receive a Consumer Guide when you purchased your vehicle, call 1-800-321-5366 (1-850-488-2221 if outside Florida) to request a Guide. Recreation vehicle manufacturers are also required to inform consumers how and where to file a claim with the Pilot RV Mediation/Arbitration Program. This information must be provided in writing at the time of acquisition of the recreation vehicle.
Certain parts or components of recreation vehicles are NOT COVERED under Florida’s Lemon Law. These are referred to in the law as the "living facilities," which are defined as portions of the vehicle designed, used or maintained primarily as living quarters, such as the flooring, plumbing system and fixtures, roof air conditioner, furnace, generator, electrical systems other than automotive circuits, the side entrance door, exterior components and windows other than the windshield and driver and front passenger windows. This is not a complete list.
The Lemon Law rights period for recreation vehicles is 24 months from the date of delivery, just like for other motor vehicles; however, other time periods are different and consumers should read the Consumer Guide for more information.
IMPORTANT: Recreation vehicles are often made and assembled by more than one manufacturer, each of which may separately warrant its product. RV Consumers should receive all applicable warranties from the selling dealer at the time of purchase and these documents should be kept in a place of ready reference at all times. Repair of defective components should be sought from the service agent who is authorized to perform the repair by the manufacturer that warrants the component. Consult the warranty and/or owner’s manual of the manufacturer(s) whose component(s) are believed to be defective to find out where to take the RV for repair. Service agents that perform any examination or repair under the manufacturer’s warranty must provide the consumer with a written, legible repair order each time the vehicle is brought to the shop. Keep records of all repairs and required maintenance, and the mileage associated with warranty repairs.
If the recreation vehicle has been subjected to at least three repair attempts for the same defect that is not a defective living facility component, or has been out of service for repair of one or more defects that are not defective living facility components for 15 or more days, then, written notification must be sent to each manufacturer (not the dealer) which may provide warranty coverage of the defects. If the consumer is not certain which manufacturer’s warranty covers the complaint, it is better to send the notification to all potentially responsible manufacturers. The Motor Vehicle Defect Notification form may be used for this purpose or you may send a letter. The notification must be sent by registered or express mail. Click here for the Instructions and Motor Vehicle Defect Notification form. Please refer to the section about Recreation Vehicles in the "Consumer Guide to the Florida Lemon Law" for further information about notification, manufacturer response and time requirements, as these provisions are different for recreation vehicles.
Recreation vehicle consumers who wish to pursue the remedies available under Florida’s Lemon Law, are required to submit their disputes to the RV Mediation/Arbitration Program, which is currently administered by the Collins Center for Public Policy, Inc., in Tallahassee, Florida. To submit a claim, call the Collins Center for Public Policy at 1-888-505-8592 and ask for a RV Program Request for Mediation/Arbitration form. The claim must be filed with the Collins Center for Public Policy within 60 days after the expiration of the Lemon Law rights period, which is 24 months from the date of delivery of the vehicle to the consumer. DO NOT DELAY! RV consumers are NOT required to submit to any other manufacturer-sponsored program or the state-run program.
If the claim is determined to be eligible, the Collins Center for Public Policy will schedule it for a mediation conference. The Collins Center for Public Policy Program Administrator will provide all parties with a procedural guide to assist them in presenting their claims. There is no charge to consumers for using this program, the program is funded by the recreation vehicle manufacturers
Mediation is a process in which parties to a dispute and a mediator (a neutral facilitator) meet to discuss settlement. Mediation is mandatory for both the consumer and the involved RV manufacturer(s), unless the dispute is settled before the scheduled mediation conference. The mediator is selected and assigned by the Collins Center for Public Policy from a panel of certified mediators who have received training in the Lemon Law and program procedures. The mediation conference will be held in a location that is reasonably convenient for the consumer and the conference is confidential; however, monitors from the Office of the Attorney General may be present. At the mediation conference, the mediator assists the parties to reach a mutually acceptable settlement of the dispute; however, the mediator cannot impose any settlement upon the parties. If the parties reach a settlement during the mediation conference, or at any time after the dispute has been submitted to the Collins Center for Public Policy, the settlement terms must be detailed in writing on a required form, signed by all parties and filed with the Collins Center for Public Policy. Settlement agreements are NOT CONFIDENTIAL. If the parties do not reach agreement during the mediation conference, this is called an "impasse." The mediator will notify the Collins Center for Public Policy of an impasse and the dispute will proceed to arbitration.
If the claim proceeds to arbitration, the Collins Center for Public Policy will assign an arbitrator and notify the parties of the date, time and location of the arbitration hearing. The arbitrator will not be the same person who served as the mediator during the prior mediation conference. Arbitration is mandatory for both the consumer and the involved manufacturer(s), unless the dispute is settled before the arbitration hearing. Arbitration hearings will be held in locations that are reasonably convenient for the consumer in the State of Florida, and are open to the public. The arbitrator will conduct a hearing and afford each party a full and equal opportunity to present evidence and sworn testimony. The hearing will be tape recorded by the arbitrator. After hearing all testimony and evidence, the arbitrator will declare the record closed and will issue a written decision within 10 days of the closing of the record. The decision will be sent to all parties by registered mail by the Collins Center for Public Policy.
How To Use The Motor Vehicle Defect Notification Form
The purpose of this form is to provide you with a means of notifying the manufacturer(s) of your vehicle that you have reached a certain point in the repair process. This notification is required by the Lemon Law after there have been at least three repair attempts for the same substantial defect or condition, or the vehicle has been out of service for 15 or more days for repair of one or more substantial defects or conditions. Use of this particular form is optional. The notice to the Manufacturer must be in writing.
1. Download the form and complete it, checking the box that fits your repair situation. If both situations apply, check both boxes. If only the first box (days-out-of-service) applies, you do not have to describe the defects.
2. Print three copies of the form:
a. Mail one, by registered or express mail, return receipt requested, to the Manufacturer(s). If your vehicle is a conversion van or a recreation vehicle, you may have to send a form to each of the Manufacturers who warrant or may warrant the affected parts of the vehicle. Do Not send it to the dealer. The Manufacturer's address for customer service or its Florida zone office should be in your warranty book or owner's manual.
b. Keep one, along with your mail receipt, for your records as you will need it if you have to file for arbitration.
c. Send the third one, by regular mail, to: Office of the Attorney General, Lemon Law Research Unit, The Capitol, Tallahassee 32399-1050. Note: This form does not start an arbitration claim. Please do not send your repair orders or other documents to the Attorney General's office with the form.
3. If you checked the "3 or more repair attempts" box: When you get your return mail receipt signed by the Manufacturer, starting with the date signed, the Manufacturer has 10 days to contact you and arrange an appointment for the final repair attempt at a reasonably accessible repair facility. The appointment should be within a reasonable time of the Manufacturer's contacting you. The Manufacturer is not required to contact you in writing. You should make a note of the date you are contacted by the Manufacturer.
4. If you checked the "days-out-of-service" box: When you get your return mail receipt signed by the Manufacturer, you should take your vehicle in to the dealer and allow the dealer or the Manufacturer to inspect it or attempt repair, at the dealer or Manufacturer's option, at least one more time.
5. When you take your vehicle to the repair facility, be sure to get a legible repair order after the inspection or repair, even if no actual work is performed. You are entitled to this under the Lemon Law. Keep this repair order, along with your other repair orders, your copy of the defect notification and the return mail receipt as you will need them if you have to file for arbitration.
6. For more detailed and further information about your rights, please refer to the booklet entitled "Consumer Guide to the Florida Lemon Law." You should have received this booklet when you acquired your vehicle. You may also contact the Lemon Law Hotline at 1-800-321-5366, if in Florida; or (850) 488-2221, if out-of-state.
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