Florida lemon law: statute text and status

8 of 8 cells · Verified against the primary source on September 2, 2026 · Fla. Stat. §§ 681.10 to 681.118 (Chapter 681) Drafted and cross-checked against primary sources by AI research agents; samples and every correction reviewed by Matt Spencer, the site operator. Not reviewed by an attorney. Legal information, not legal advice.

Statute cite

Fla. Stat. Secs. 681.10 to 681.118

New vehicles

A new vehicle propelled by power other than muscular power and sold in this state to transport persons or property, including a recreational vehicle, a demonstrator or a leased vehicle where a manufacturer warranty was issued as a condition of sale. Vehicles run only upon tracks, off-road vehicles, trucks over 10,000 pounds gross vehicle weight, motorcycles, mopeds, electric bicycles and the living facilities of recreational vehicles are excluded. The chapter reaches a vehicle primarily used for personal, family or household purposes.

Used vehicles

Yes, by three routes inside chapter 681 itself. A person to whom the vehicle is transferred for the same personal, family or household purposes during the Lemon Law rights period is a consumer under Sec. 681.102(4). Sec. 681.115 says in terms that the chapter's rights extend to a subsequent transferee. And Sec. 681.114(2) forbids reselling a returned vehicle without a conspicuous disclosure of the nonconformity and a fresh manufacturer warranty of 1 year or 12,000 miles.

Repair attempts

3 repair attempts, same nonconformity, plus a final attempt by the manufacturer.Window the count must occur in: within the Lemon Law rights period, which ends 24 months after the date of original delivery.4 conditions apply.

Days out of service

30 cumulative calendar days out of service, 60 for a recreational vehicle.Window the count must occur in: within the Lemon Law rights period, which ends 24 months after the date of original delivery.3 conditions apply.

Administered by

The Florida New Motor Vehicle Arbitration Board, established within the Department of Legal Affairs, whose members the Attorney General appoints and who are accountable to the Attorney General. Recreational vehicle disputes go instead to the Recreational Vehicle Mediation and Arbitration Program. The Department of Revenue administers and collects the chapter fee, which is deposited into the Motor Vehicle Warranty Trust Fund.

What the law says about the remedy, word for word

Who chooses, and what a replacement has to be

If the manufacturer, or its authorized service agent, cannot conform the motor vehicle to the warranty by repairing or correcting any nonconformity after a reasonable number of attempts, the manufacturer, within 40 days, shall repurchase the motor vehicle and refund the full purchase 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, replace the motor vehicle with a replacement motor vehicle acceptable to the consumer. The refund or replacement must include all reasonably incurred collateral and incidental charges. However, the consumer has an unconditional right to choose 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 motor vehicle.

Attorney fees and costs

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.

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 reasonable attorney's fees incurred by the manufacturer, or its agent, as a direct result of the bad faith claim.

If a decision of the board in favor of the consumer is upheld by the court, 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 receipt of the board's decision. If a court determines that the manufacturer acted in bad faith in bringing the appeal or brought the appeal solely for the purpose of harassment or in complete absence of a justiciable issue of law or fact, the court shall double, and may triple, the amount of the total award.

When a judgment affirms a decision by the board in favor of a consumer, appellate review 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 review period.

What is deducted for the use you had of the vehicle

"Reasonable offset for use" means the number of miles attributable to a consumer up to the date of a settlement agreement or arbitration hearing, whichever occurs first, multiplied by the base selling or sale price of the vehicle as reflected on the purchase invoice, exclusive of taxes, government fees, and dealer fees, or in the case of a lease, the agreed-upon value as reflected in the lease agreement and divided by 120,000, except in the case of a recreational vehicle, in which event it shall be divided by 60,000.

Changes to time limits

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 repair services are not available to the consumer because of war, invasion, strike, fire, flood, or natural disaster.

Two independent readings of Fla. Stat. Sec. 681.104(3)(b) reached opposite conclusions about what it does. A third pass, two further readings made independently of each other with both earlier readings in front of them, settled it. It extends "The 30-day period, or 60-day period in the case of a recreational vehicle", and that is the count the presumption requires: "a cumulative total of 30 or more days, 60 or more days in the case of a recreational vehicle" (Fla. Stat. Sec. 681.104(3)(b)). Any time added under it raises that count, so more qualifying days are needed before the presumption arises.

Filing deadline

A civil action under the chapter must be commenced within 1 year after the Lemon Law rights period expires, or, where the consumer resorts to an informal dispute settlement procedure or submits the dispute to the department or the board, within 1 year after the final action of that procedure, department or board.