Florida Statutes

Fla. Stat. § 681.106 (2025)

Bad faith claims.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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681.106 Bad faith claims.—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.

History.—s. 6, ch. 83-69; s. 19, ch. 88-95; s. 4, ch. 91-429.

Notes of Decisions

Cited in 5 cases, 1988–2012 · leading case: Caplan v. 1616 East Sunrise Motors, Inc., 522 So. 2d 920 (Fla. 3d DCA 1988).

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Caplan v. 1616 East Sunrise Motors, Inc., 522 So. 2d 920 (Fla. 3d DCA 1988). · cites it 2× “(1983), and to a defendant in an action brought in bad faith, § 681.106, Fla. Stat. (1983), neither of these provisions is applicable here.”

Marquez v. Mercedes-Benz USA, LLC, 2012 WI 57 (Wis. 2012). “, Fla. Stat. § 681.106 (2010). Hughes, 197 Wis.”

TA Enter., Inc. v. Olarte, Inc., 835 So. 2d 1235 (Fla. 4th DCA 2003). · cites it 2× “[6] See § 681.106, Fla. Stat. (2001) ("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…”

Chrysler Corp. v. Pitsirelos, 721 So. 2d 710 (Fla. 1998). “I believe the purpose of this requirement is to enable the circuit court to determine whether the trial de novo was sought in good faith. Section 681.1095(14) permits the court to double or triple the amount of damages to the consumer if the manufacturer filed the petition for a…”

Taylor v. E. F. Hutton & Co., 40 Fla. Supp. 2d 144 (Fla. Cir. Ct. 1990). · cites it 2× “Other statutes, for example the Florida “Lemon Law” § 681.106 Fla. Stat. (1987), set a different legal standard for an award of attorneys’ fees to a prevailing plaintiff as opposed to a prevailing defendant.”

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