Last verified: February 2026
Key Points
- Primary Law: Florida Motor Vehicle Warranty Enforcement Act (Fla. Stat. §§ 681.10-681.118)
- Coverage: New and demonstrator motor vehicles used primarily for personal, family, or household purposes
- Lemon Law Rights Period: 24 months from date of original delivery to consumer
- Presumption: 3+ repair attempts plus final attempt OR 30+ days out of service
- Remedies: Full refund or replacement vehicle at consumer’s choice
- Arbitration: Florida New Motor Vehicle Arbitration Board provides free state arbitration
Quick Penalties Overview
| Violation Type | Consumer Remedy | Additional Damages |
|---|---|---|
| Failure to conform vehicle to warranty | Refund or replacement | Collateral and incidental charges |
| Resale of returned lemon without disclosure | Unfair trade practice | Consumer protection penalties |
| Bad faith consumer claim | N/A | Consumer liable for manufacturer’s costs and attorney fees |
Table of Contents
📑 Table of Contents (click to expand)
- Florida Lemon Law Overview
- What Vehicles Are Covered
- The Lemon Law Presumption
- Consumer Remedies: Refund vs. Replacement
- How to File a Lemon Law Claim
- Florida New Motor Vehicle Arbitration Board
- Manufacturer Defenses
- Recreational Vehicle Protections
- Electric Vehicle Considerations
- Statute of Limitations
- Frequently Asked Questions
- Resources and Legal Help
Florida Lemon Law Overview
Florida’s lemon law, known as the Motor Vehicle Warranty Enforcement Act (Florida Statutes Chapter 681), provides comprehensive consumer protections for buyers and lessees of defective new motor vehicles in the Sunshine State. Florida’s law is widely regarded as one of the strongest and most consumer-friendly lemon laws in the nation.
The Legislature specifically recognized that a motor vehicle is a major consumer purchase and that a defective vehicle creates significant hardship. Florida’s law is designed to ensure that good faith warranty complaints are resolved within a specified period of time, providing consumers with the statutory means to receive a replacement vehicle or full refund when their vehicle cannot be brought into conformity with the warranty.
A distinctive feature of Florida’s lemon law is the Florida New Motor Vehicle Arbitration Board, a state-run arbitration program that provides free dispute resolution for consumers. This board offers an accessible alternative to litigation and has helped thousands of Florida consumers resolve lemon law disputes efficiently.
What Vehicles Are Covered
Under Fla. Stat. § 681.102, Florida’s lemon law covers specific types of motor vehicles that meet certain criteria.
Covered Vehicle Types
- New passenger cars: Sedans, coupes, hatchbacks, and similar vehicles
- New trucks: Pickup trucks under 10,000 pounds gross vehicle weight
- New SUVs and crossovers: Sport utility vehicles for personal use
- New vans and minivans: Passenger and family vans
- Demonstrator vehicles: Demo vehicles with manufacturer warranty
- Leased vehicles: Vehicles leased for one year or more where lessee is responsible for repairs
- Recreational vehicles: Motor portion of RVs (living facilities have separate coverage)
Vehicles Not Covered
- Vehicles run only on tracks
- Off-road vehicles
- Trucks over 10,000 pounds gross vehicle weight
- Motorcycles and mopeds
- Electric bicycles
- Living facilities of recreational vehicles (flooring, plumbing, roof AC, furnace, generator, etc.)
- Vehicles purchased primarily for resale
Lemon Law Rights Period
The “Lemon Law rights period” in Florida is defined as the period ending 24 months after the date of original delivery of a motor vehicle to a consumer. This is the timeframe within which problems must first be reported to qualify for lemon law protection.
The Lemon Law Presumption
Florida law creates a presumption under Fla. Stat. § 681.104 that a reasonable number of attempts have been undertaken to conform a motor vehicle to the warranty. This presumption significantly helps consumers prove their lemon law cases.
The Lemon Law Presumption Applies When:
| Condition | Requirement | Details |
|---|---|---|
| Repair Attempts (Same Problem) | 3 attempts + final attempt | Same nonconformity repaired at least 3 times, plus manufacturer’s final attempt if properly requested |
| Days Out of Service | 30 or more days (60 for RVs) | Cumulative total out of service for repair of one or more nonconformities |
| Timeframe | Within Lemon Law rights period | 24 months from date of original delivery |
Written Notice Requirements
Florida’s lemon law includes specific notice requirements that consumers must follow:
After Three Repair Attempts:
After three attempts have been made to repair the same nonconformity, the consumer must give written notification by registered or express mail to the manufacturer. This notification:
- Informs the manufacturer of the need to repair the nonconformity
- Allows the manufacturer a final attempt to cure the problem
- Must be sent before the presumption fully applies
The manufacturer then has 10 days from receipt to respond and give the consumer the opportunity to have the vehicle repaired at a reasonably accessible repair facility. After delivery to the designated facility, the manufacturer has 10 days (45 days for recreational vehicles) to conform the vehicle to warranty.
After 15 Days Out of Service:
If the motor vehicle is out of service for a cumulative total of 15 or more days (exclusive of routine maintenance), the consumer must notify the manufacturer in writing by registered or express mail to give the manufacturer or its authorized service agent an opportunity to inspect or repair the vehicle.
What Qualifies as a “Nonconformity”?
A nonconformity is a defect or condition that substantially impairs the use, value, or safety of a motor vehicle. It does not include defects resulting from:
- An accident
- Abuse or neglect
- Modification or alteration by persons other than the manufacturer or its authorized service agent
Consumer Remedies: Refund vs. Replacement
When a manufacturer cannot conform a motor vehicle to warranty after a reasonable number of attempts, Fla. Stat. § 681.104(2) requires the manufacturer to provide relief within 40 days.
Consumer’s Unconditional Right to Choose
Florida law gives consumers an unconditional right to choose a refund rather than a replacement motor vehicle. This choice belongs entirely to the consumer.
Option 1: Vehicle Refund (Repurchase)
The manufacturer must repurchase the motor vehicle and refund:
- Full purchase price: The complete amount paid for the vehicle
- Collateral charges: Manufacturer-installed or agent-installed items, earned finance charges, sales taxes, and title charges
- Incidental charges: Reasonable costs directly caused by the nonconformity (towing, rental cars, etc.)
Reasonable Offset for Use: The manufacturer may deduct a reasonable offset calculated as:
Offset = (Miles at Settlement or Hearing × Base Selling Price) ÷ 120,000
(For recreational vehicles, divide by 60,000)
Option 2: Replacement Vehicle
In exchange for receipt of a reasonable offset for use from the consumer, the manufacturer may provide a replacement motor vehicle that is:
- Identical or reasonably equivalent to the vehicle being replaced
- Acceptable to the consumer
- Within 105% of the manufacturer’s suggested retail price of the original vehicle
The replacement must include all reasonably incurred collateral and incidental charges.
Distribution of Refunds
- Purchased vehicles: Refunds go to the consumer and lienholder, as their interests appear
- Leased vehicles: The lessee receives the lessee cost; the lessor receives the lease price less the lessee cost
- No early termination penalties: Lessees cannot be charged penalties for early lease termination under lemon law claims
How to File a Lemon Law Claim in Florida
Following the proper procedure is essential for a successful Florida lemon law claim.
Step 1: Document All Problems and Repairs
- Keep every repair order and invoice
- Request fully itemized statements showing diagnoses, work performed, parts used, and dates
- Document test drives performed and their approximate length
- Note the odometer reading at each repair visit
- Keep records of all correspondence with dealer and manufacturer
Step 2: Ensure Proper Notice is Given
After three repair attempts for the same problem, send written notice to the manufacturer by registered or express mail. If your vehicle has been out of service for 15+ days, send the required written notice.
Step 3: Allow Final Repair Attempt
Give the manufacturer the opportunity for a final repair attempt. They have 10 days to respond to your notice and 10 days after you deliver the vehicle to complete repairs.
Step 4: File for Arbitration or Litigation
If the manufacturer fails to conform the vehicle to warranty, you may:
- File with the Florida New Motor Vehicle Arbitration Board (free state program)
- Use a manufacturer’s certified dispute settlement procedure (if required)
- File a lawsuit in Florida courts
Florida New Motor Vehicle Arbitration Board
The Florida New Motor Vehicle Arbitration Board, administered by the Department of Legal Affairs (Attorney General’s Office), provides free arbitration services to Florida consumers with lemon law disputes.
Key Features of the State Arbitration Program
- Free to consumers: No cost to file or participate
- Binding on manufacturer: If the consumer accepts the decision, it is binding on the manufacturer
- Consumer choice: Consumers may reject the decision and pursue other remedies
- Reasonably quick resolution: Cases are typically heard within 40 days of request
Eligibility for State Arbitration
Under Fla. Stat. § 681.109, to be eligible for the state arbitration program, consumers must:
- Have a vehicle that meets the definition of “motor vehicle” under the lemon law
- Have reported the nonconformity during the Lemon Law rights period
- Have provided required written notices to the manufacturer
- First use any manufacturer’s certified procedure, if the manufacturer has one
Manufacturer Dispute Settlement Procedures
Under Fla. Stat. § 681.108, if a manufacturer has a procedure certified by the Department of Legal Affairs as substantially complying with FTC regulations (16 C.F.R. Part 703), consumers must first resort to that procedure before accessing the state arbitration board. The manufacturer must inform the consumer of this procedure at the time of vehicle acquisition.
Manufacturer Defenses
Under Fla. Stat. § 681.104(4), manufacturers may raise certain affirmative defenses.
Valid Affirmative Defenses
| Defense | Manufacturer’s Argument | Consumer’s Counter |
|---|---|---|
| Defect not substantial | Nonconformity does not substantially impair use, value, or safety | Document specific impacts on daily use, safety concerns, or value reduction |
| Accident, abuse, or neglect | Nonconformity resulted from accident, abuse, or neglect | Provide evidence of proper care and maintenance |
| Unauthorized modifications | Nonconformity resulted from unauthorized modifications or alterations | Show defect predated modifications or is unrelated |
| Bad faith claim | Consumer’s claim was not filed in good faith | Document genuine attempts to resolve the issue |
Bad Faith Claims Penalty
Under Fla. Stat. § 681.106, if a consumer’s claim is found by the court to have been filed in bad faith, solely for harassment, or in complete absence of a justiciable issue, the consumer may be liable for all costs and reasonable attorney fees incurred by the manufacturer as a result.
Recreational Vehicle Protections
Florida provides specific protections for recreational vehicle (RV) owners under its lemon law, with some modified requirements.
RV Coverage
- Motor portion: The chassis, engine, and drivetrain components are covered under the general lemon law
- Living facilities: These are specifically excluded from the motor vehicle definition but may have separate warranty protections
Modified Requirements for RVs
- Final repair attempt: Manufacturer has 45 days (instead of 10) to complete repairs after vehicle delivery
- Out of service: Presumption applies after 60 days out of service (instead of 30)
- Usage offset: Calculated by dividing by 60,000 miles (instead of 120,000)
- Replacement value: Retail price of replacement cannot exceed 105% of purchase price
RV Mediation and Arbitration Program
Florida has established a separate RV Mediation and Arbitration Program under Fla. Stat. § 681.1096 to handle disputes involving recreational vehicles.
Electric Vehicle Considerations
Electric vehicles are fully covered under Florida’s lemon law. EV owners should be aware of issues specific to electric powertrains and systems.
Common EV Defects That May Qualify
- Battery capacity significantly below specifications
- Charging system failures
- Range materially below manufacturer claims
- Electric motor malfunctions
- Software defects affecting vehicle operation
- Thermal management problems
- Regenerative braking issues
- Display or infotainment system failures affecting critical functions
Documentation for EV Claims
When pursuing a lemon law claim for an EV, maintain records of:
- Charging attempts and failures
- Range performance data
- Software update history
- Error messages and diagnostic codes
- Battery health reports if available
Statute of Limitations
Understanding timing is critical for Florida lemon law claims.
Key Deadlines
- Lemon Law rights period: Problems must be first reported within 24 months of original delivery
- Written notice: Required after three repair attempts or 15 days out of service
- Manufacturer response: 10 days to respond to notice; 10 days (45 for RVs) to complete repairs
- Arbitration request: Should be filed promptly after the manufacturer fails to conform the vehicle to warranty
Repairs After Rights Period
Under Fla. Stat. § 681.103(1), if a consumer first reports a problem during the Lemon Law rights period, the manufacturer must make necessary repairs even if those repairs occur after the rights period expires. However, this does not extend the rights period or expand the time to file a claim.
Frequently Asked Questions
How many repair attempts are required before my vehicle qualifies as a lemon in Florida?
Florida law presumes a vehicle is a lemon after three repair attempts for the same nonconformity, plus a final attempt by the manufacturer if you provide proper written notice. Alternatively, if your vehicle has been out of service for 30 or more cumulative days (60 for RVs) for repairs, it may qualify. These conditions must occur within the 24-month Lemon Law rights period.
Does Florida’s lemon law cover used vehicles?
Florida’s lemon law primarily covers new motor vehicles. However, the law does cover subsequent purchasers to whom a vehicle is transferred during the Lemon Law rights period, provided the vehicle was purchased primarily for personal, family, or household purposes. Used vehicles outside this scenario may have other warranty remedies.
What is the Lemon Law rights period in Florida?
The Lemon Law rights period is 24 months from the date of original delivery of the motor vehicle to a consumer. Problems must first be reported within this period to qualify for lemon law protection.
How is the reasonable offset for use calculated in Florida?
The offset is calculated by multiplying the number of miles driven (up to settlement or arbitration hearing) by the base selling price, then dividing by 120,000. For recreational vehicles, divide by 60,000. For example, if your vehicle’s base price was $36,000 and you drove 10,000 miles, the offset would be $3,000.
Do I have to use the manufacturer’s arbitration program first?
If the manufacturer has a dispute settlement procedure certified by Florida’s Department of Legal Affairs, you must first use that procedure before accessing the state arbitration board. The manufacturer must inform you of this program at the time you acquire the vehicle.
Is the Florida New Motor Vehicle Arbitration Board decision binding?
The arbitration board’s decision is binding on the manufacturer if the consumer accepts it. However, consumers may reject the decision and pursue other remedies, including filing a lawsuit.
What happens if I file a bad faith lemon law claim?
If a court finds that your claim was filed in bad faith, solely for harassment, or without any justiciable issue of law or fact, you may be held liable for the manufacturer’s costs and reasonable attorney fees.
Resources and Legal Help
Official Resources
- Florida Statutes Chapter 681: Motor Vehicle Sales Warranties
- Florida Attorney General: Lemon Law
- The Florida Bar: Motor Vehicle Lemon Law
- Florida Department of Highway Safety and Motor Vehicles