Florida Consumer E-Newsletter
April 2009
Charles H. Bronson
Commissioner
A Message from the Commissioner
Dear Friends:
Have you ever known anyone who became so attached to a trustworthy vehicle that they actually named it as though it were a member of the family? Whether it’s a sedan named “Ol’ Betsy” or a truck named “Josephine”, owning a reliable automobile can eliminate a great deal of stress from our daily lives. In certain cases that reliability is an absolute necessity. After all, studies have shown that the average working American spends 9 hours per week behind the wheel. That correlates to almost 20 full days each year.
As consumers, there are even times when we are able to justify spending a little extra money on a new vehicle under the premise that we know it will be more dependable. In an attempt to help ensure this level of reliability, the Florida Legislature passed the New Motor Vehicle Warranty Enforcement Act or “Lemon Law”. This issue of the Florida Consumer E-Newsletter is dedicated to informing you about your rights under Florida’s Lemon Law. Remember, education is the best defense against fraud and deception. The Florida Department of Agriculture and Consumer Services is here for you - our Consumer Hotline will answer any questions you may have or direct you to the best resource for assistance. If you are calling within Florida simply dial 1-800-HELP-FLA (435-7352), outside of Florida 850-488-2221 or en Español 1-800-FL-AYUDA (352-9832). You can also visit us online at www.800helpfla.com for additional information.
Sincerely,
Purchasing a new vehicle is considered to be one of the more substantial investments you will make during your lifetime. The Florida Lemon Law was designed to help you protect that investment, and thanks in large part to the Department of Agriculture and Consumer Services, it has proven to be a resounding success since its inception in 1989. Many manufacturers have their own independent dispute settlement programs that are certified by the Department and, last year alone, these programs recovered $16,746,974 for consumers. Here’s how the Florida Lemon Law works:
All new or demonstrator vehicles that are purchased or leased in the state of Florida have a $2 fee associated with the transaction which funds this program. This fee has never increased and there are no additional costs to consumers who find it necessary to utilize the process. One should be aware that there are certain vehicles which are excluded from the provisions of this law. Off-road vehicles, motorcycles, mopeds, trucks with a gross weight of over 10,000 pounds and most used vehicles are NOT covered. Recreational vehicles DO fall under this statute, however their eligibility requirements differ. If you still aren’t sure whether your vehicle is covered, simply call the Lemon Law Hotline at 1-800-321-5366 for assistance.
Consumers who purchase a NEW or demonstrator vehicle in Florida ARE protected from manufacturer’s defects by the Lemon Law. This protection is for a period of 2 years from the first day it was in their possession. At the time of purchase the buyer should receive a Consumer Guide to the Florida Lemon Law. This outlines the program, as well as the rights and responsibilities of all parties involved.
Should there be issues with the vehicle, consumer relief may be sought through an arbitration process conducted by the manufacturer’s certified program, or the Florida New Motor Vehicle Arbitration Board, or both. If your vehicle’s manufacturer has its own informal dispute settlement program that is certified by the Florida Department of Agriculture and Consumer Services, then you must apply for arbitration through that program before you can request arbitration by the State of Florida. It is during this process that it will be determined whether or not the manufacturer’s defect substantially impairs the use, value or safety of the vehicle.
To be eligible for arbitration, the vehicle should have had at least 3 repairs for the same problem (by the dealership or a manufacturer’s authorized representative) or been out of service for repairs 15 days or more. In either case, the owner should next notify the manufacturer (not the dealer) of the problem using the Motor Vehicle Defect Notification from (found in Consumer Guide to Florida’s Lemon Law). The manufacturer has 10 days from receipt of this notice to make contact with the consumer and set up a final repair attempt. At this stage, an application may be made to the Division of Consumer Services for eligibility to appear before the Florida New Motor Vehicle Arbitration Board.
The Florida Lemon Law - IT WORKS!!!
Additional Resources
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The links below are for your information only. The goal of the Division of Consumer Services is to provide additional information to consumers. The Florida Department of Agriculture and Consumer Services does not review or confirm these sites for accuracy.
Florida Lemon Law Program
The Lemon Law program has proven to be an effective means of recourse for Florida residents. Since the program's inception in 1988, Floridians have received hundreds of millions of dollars in refunds and replacement vehicles through the State Lemon Law Arbitration Program.
