Florida Statute 681.103 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 681
MOTOR VEHICLE SALES WARRANTIES

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F.S. 681.103

681.103 Duty of manufacturer to conform a motor vehicle to the warranty.—

(1) If a motor vehicle does not conform to the warranty and the consumer first reports the problem to the manufacturer or its authorized service agent during the Lemon Law rights period, the manufacturer or its authorized service agent shall make such repairs as are necessary to conform the vehicle to the warranty, irrespective of whether such repairs are made after the expiration of the Lemon Law rights period. Such repairs shall be at no cost to the consumer if made during the term of the manufacturer’s written express warranty. Nothing in this paragraph shall be construed to grant an extension of the Lemon Law rights period or to expand the time within which a consumer must file a claim under this chapter.

(2) Each manufacturer shall provide to its consumers conspicuous notice of the address and phone number for its zone, district, or regional office for this state in the written warranty or owner’s manual. By January 1 of each year, each manufacturer shall forward to the department a copy of the owner’s manual and any written warranty for each make and model of motor vehicle that it sells in this state.

(3) At the time of acquisition, the manufacturer shall inform the consumer clearly and conspicuously in writing how and where to file a claim with a certified procedure if such procedure has been established by the manufacturer pursuant to s. 681.108. The nameplate manufacturer of a recreational vehicle shall, at the time of vehicle acquisition, inform the consumer clearly and conspicuously in writing how and where to file a claim with a program pursuant to s. 681.1096. The manufacturer shall provide to the dealer and, at the time of acquisition, the dealer shall provide to the consumer a written statement that explains the consumer’s rights under this chapter. The written statement shall be prepared by the department and shall contain a toll-free number for the department which the consumer can contact to obtain information regarding the consumer’s rights and obligations under this chapter or to commence arbitration. If the manufacturer obtains a signed receipt for timely delivery of sufficient quantities of this written statement to meet the dealer’s vehicle sales requirements, it shall constitute prima facie evidence of compliance with this subsection by the manufacturer. The consumer’s signed acknowledgment of receipt of materials required under this subsection shall constitute prima facie evidence of compliance by the manufacturer and dealer. The form of the acknowledgments shall be approved by the department, and the dealer shall maintain the consumer’s signed acknowledgment for 3 years.

(4) A manufacturer, through its authorized service agent, shall provide to the consumer, each time the consumer’s motor vehicle is returned after being examined or repaired under the warranty, a fully itemized, legible statement or repair order indicating any test drive performed and the approximate length of the test drive, any diagnosis made, and all work performed on the motor vehicle including, but not limited to, a general description of the problem reported by the consumer or an identification of the defect or condition, parts and labor, the date and the odometer reading when the motor vehicle was submitted for examination or repair, and the date when the repair or examination was completed.

History.—s. 4, ch. 83-69; s. 40, ch. 85-62; s. 3, ch. 85-240; ss. 3, 19, ch. 88-95; s. 4, ch. 91-429; s. 3, ch. 92-88; s. 3, ch. 97-245; s. 1, ch. 2002-71; s. 20, ch. 2002-235; s. 18, ch. 2011-56; s. 28, ch. 2011-205.

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Amendments to 681.103

Arrestable Offenses / Crimes under Fla. Stat. 681.103

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 681.103.

Annotations, Discussions, Cases:

Cases Citing Statute 681.103

Total Results: 8

Medina v. Ford Motor Co.

Court: District Court of Appeal of Florida | Date Filed: 2010-07-23

Citation: 40 So. 3d 891, 2010 Fla. App. LEXIS 10800, 2010 WL 2866988

Snippet: the manufacturer's written express warranty. § 681.103(1), Fla. Stat. (2009). After three attempts to

AMERICAN HONDA MOTOR CO., INC. v. Cerasani

Court: Supreme Court of Florida | Date Filed: 2007-04-12

Citation: 955 So. 2d 543, 32 Fla. L. Weekly Supp. 131, 2007 Fla. LEXIS 665, 2007 WL 1074922

Snippet: chapter 681 to claim by automobile lessee). Section 681.103 imposes a duty on the manufacturer (or its authorized

Gelinas v. Forest River, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2006-05-24

Citation: 931 So. 2d 970, 2006 Fla. App. LEXIS 8141, 2006 WL 1409118

Snippet: include: (1) a warranty violation under section 681.103 which does not rise to the level of a "nonconformity"

Land v. General Motors Corp.

Court: District Court of Appeal of Florida | Date Filed: 2005-06-22

Citation: 906 So. 2d 1154, 2005 Fla. App. LEXIS 9712, 2005 WL 1458727

Snippet: brought when "a warranty violation under section 681.103. . . does not rise to the level of a `nonconformity'

Coberley v. Thor Industries, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2005-06-10

Citation: 908 So. 2d 486, 2005 Fla. App. LEXIS 8885, 2005 WL 1364367

Snippet: to conform the vehicle to its warranty. See § 681.103, Fla. Stat. (2002). If the manufacturer or its

King v. King Motor Co. of Fort Lauderdale

Court: District Court of Appeal of Florida | Date Filed: 2001-02-14

Citation: 780 So. 2d 937, 2001 WL 121115

Snippet: was caused by Kia's noncompliance with section 681.103(3), regarding a manufacturer's obligation to "inform

Holzhauer-Mosher v. Ford Motor Co.

Court: District Court of Appeal of Florida | Date Filed: 2000-07-21

Citation: 772 So. 2d 7, 2000 Fla. App. LEXIS 9252, 2000 WL 1508587

Snippet: the consumer's rights under [the Lemon Law]." § 681.103(3), Fla. Stat. (1997). The Legislature should consider

Chrysler Corp. v. Pitsirelos

Court: Supreme Court of Florida | Date Filed: 1998-09-17

Citation: 721 So. 2d 710, 23 Fla. L. Weekly Supp. 464, 1998 Fla. LEXIS 1684, 1998 WL 633693

Snippet: under the Magnuson-Moss Warranty Act.[2] Section 681.103(1), Florida Statutes (1989),[3] requires a motor