Florida/Georgia Personal Injury & Workers Compensation

...[6] The statute expressly states that the Administrative Procedure Act, chapter 120, Florida Statutes, does not apply to Arbitration Board proceedings or decisions or to any appeals therefrom. [7] The legislative intent of the Lemon Law is set forth in section 681.101, Florida Statutes (1989): The Legislature recognizes that a motor vehicle is a major consumer purchase and that a defective motor vehicle undoubtedly creates a hardship for the consumer....

...A stated intent of the statute is to provide the statutory procedures whereby a consumer may receive a replacement motor vehicle, or a full refund, for a motor vehicle which cannot be brought into conformity with the warranty provided for in this chapter. § 681.101, Fla.Stat....

...See Ch. 88-95, Laws of Fla.; Daiker, 45 FLA.L.REV. at 255-56. One significant change was the creation of the Florida New Motor Vehicle Arbitration Board as part of a statutory procedure to secure the replacement/refund remedy described in sections 681.101 and 681.104(2)(a)....

...The population of the state according to the most recent census taken in 1880 was less than 300,000. Florida Census: 1880, http://fcit.coedu.usf.edu/florida/docs/c/census/1880.htm (last visited March 7, 2006). [2] See, e.g., § 501.202(2), Fla. Stat. (1973)(establishing the Florida Deceptive and Unfair Trade Practices Act); § 681.101, Fla....

...mon," thereby entitling Holzhauer-Mosher to relief under the Lemon Law. Thus, the only dispute between the parties was the amount of the refund, if any, to which Holzhauer-Mosher was entitled. In the legislative intent of the Lemon Law, set forth in section 681.101, Florida Statutes (1997), "the Legislature recognizes that a motor vehicle is a major consumer purchase and that a defective motor vehicle undoubtedly creates a hardship for the consumer." Section 681.101 further provides that it is "the intent of the Legislature to provide the statutory procedures whereby a consumer may receive a replacement motor vehicle, or a full refund, for a motor vehicle which cannot be brought into conformity with the warranty provided for in this chapter." However, this statutory remedy does not "limit or expand the rights or remedies which are otherwise available to a consumer under any other law." § 681.101, Fla....

...253, 263 (1993); Pitsirelos, 689 So.2d at 1134. In declaring its legislative intent, the Legislature was careful to express that "nothing in this chapter shall in any way limit or expand the rights or remedies which are otherwise available to a consumer under any other law." § 681.101, Fla....

...Gelinas further asserts that this contention is supported *974 by the legislative intent section of the Lemon Law, which indicates that "nothing in this chapter shall in any way limit or expand the rights or remedies which are otherwise available to a consumer under any other law." § 681.101, Fla....

...This was so, reasoned the court, since the legislature intended that the protections afforded by the Act apply solely to purchasers who are natural persons, not corporations. We disagree and hold that the Act is neither so narrowly drawn nor its benefits so narrowly intended. The intent of the legislature in passing section 681.101, Florida Statutes (1985), was expressed in the following manner: 681.101 Legislative intent....

...The opportunity to inspect or repair is given by the already-aggrieved consumer because it is he, not the manufacturer, who should decide whether he should be inconvenienced by yet another repair attempt. The statement of legislative intent found in section 681.101 supports this view as it acknowledges the goal "that a good faith motor vehicle warranty complaint by a consumer be resolved by the manufacturer within a specified period of time." (Emphasis added)....

...5th DCA 2009). By enacting the Florida Lemon Law, the Legislature created a procedure by which consumers could either receive a replacement vehicle or a full refund for a vehicle that cannot be brought into conformity with the warranty provided in the act. § 681.101, Fla....