Florida Statute 681.108 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 681
MOTOR VEHICLE SALES WARRANTIES

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F.S. 681.108

681.108 Dispute-settlement procedures.—

(1) If a manufacturer has established a procedure that the department has certified as substantially complying with the provisions of 16 C.F.R. part 703, in effect October 1, 1983, as amended, and with the provisions of this chapter and the rules adopted under this chapter, and has informed the consumer how and where to file a claim with such procedure pursuant to s. 681.103(3), the provisions of s. 681.104(2) apply to the consumer only if the consumer has first resorted to such procedure. The decisionmakers for a certified procedure shall, in rendering decisions, take into account all legal and equitable factors germane to a fair and just decision, including, but not limited to, the warranty; the rights and remedies conferred under 16 C.F.R. part 703, in effect October 1, 1983, as amended; the provisions of this chapter; and any other equitable considerations appropriate under the circumstances. Decisionmakers and staff for a procedure shall be trained in the provisions of this chapter and in 16 C.F.R. part 703, in effect October 1, 1983, as amended. In an action brought by a consumer concerning an alleged nonconformity, the decision that results from a certified procedure is admissible in evidence.

(2) A manufacturer may apply to the department for certification of its procedure. After receipt and evaluation of the application, the department shall:

(a) Notify the manufacturer of any deficiencies in the application or the procedure;

(b) Certify the procedure as substantially complying with the provisions of 16 C.F.R. part 703, in effect October 1, 1983, as amended, and with the provisions of this chapter and rules adopted under this chapter, for a period not to exceed 1 year; or

(3) A certified procedure or a procedure of an applicant seeking certification shall submit to the department a copy of each settlement approved by the procedure or decision made by a decisionmaker within 30 days after the settlement is reached or the decision is rendered. The decision or settlement must contain at a minimum the:

(a) Name and address of the consumer;

(b) Name of the manufacturer and address of the dealership from which the motor vehicle was purchased;

(d) Relief requested by the consumer;

(e) Name of each decisionmaker rendering the decision or person approving the settlement;

(f) Statement of the terms of the settlement or decision;

(g) Date of the settlement or decision; and

(h) Statement of whether the decision was accepted or rejected by the consumer.

(4) Any manufacturer establishing or applying to establish a certified procedure must file with the department a copy of the annual audit required under the provisions of 16 C.F.R. part 703, in effect October 1, 1983, as amended, together with any additional information required for purposes of certification, including the number of refunds and replacements made in this state pursuant to the provisions of this chapter by the manufacturer during the period audited.

(5) The department shall review each certified procedure at least annually to determine if certification should be renewed. A manufacturer seeking renewal of certification shall notify the department in writing at least 60 days before the end of the 1-year certification period. Upon review, the department shall:

(a) Renew certification for a period not to exceed 1 year if the procedure is found to substantially comply with the provisions of 16 C.F.R. part 703, in effect October 1, 1983, as amended, and with the provisions of this chapter and rules adopted under this chapter;

(b) Notify the manufacturer of any deficiencies in the procedure; or

(c) Decline to renew certification. If certification is declined, the department shall state the reasons for such action.

(6) If a manufacturer ceases operation of a certified procedure, the manufacturer shall notify the department immediately in writing, and upon receipt of such notification, the department shall revoke certification for that procedure, effective the date the certified procedure ceased.

(7) A manufacturer whose certification is declined is entitled to a hearing pursuant to chapter 120.

(8) If federal preemption of state authority to regulate procedures occurs, the provisions of subsection (1) concerning prior resort do not apply.

(9) The department may adopt rules to administer this section.

History.—s. 7, ch. 83-69; s. 4, ch. 84-55; s. 5, ch. 85-240; ss. 5, 19, ch. 88-95; s. 17, ch. 91-110; s. 4, ch. 91-429; s. 5, ch. 92-88; s. 19, ch. 2011-56; s. 29, ch. 2011-205; s. 81, ch. 2012-5; s. 6, ch. 2013-207.

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Amendments to 681.108

Arrestable Offenses / Crimes under Fla. Stat. 681.108

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 681.108.

Annotations, Discussions, Cases:

Cases Citing Statute 681.108

Total Results: 11

Parker v. State

Court: Supreme Court of Florida | Date Filed: 2011-12-01

Citation: 89 So. 3d 844, 36 Fla. L. Weekly Supp. 693, 2011 Fla. LEXIS 2798, 2011 WL 5984446

Snippet: the suspect. Arizona v. Roberson, 486 U.S. 675, 681, 108 S.Ct. 2093, 100 L.Ed.2d 704 (1988). We conclude

Durousseau v. State

Court: Supreme Court of Florida | Date Filed: 2010-12-09

Citation: 55 So. 3d 543, 35 Fla. L. Weekly Supp. 723, 2010 Fla. LEXIS 2087, 2010 WL 4977477

Snippet: (citing Huddleston v. United States, 485 U.S. 681, 108 S.Ct. 1496, 99 L.Ed.2d 771 (1988)). . Mack was

Wilder v. State

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

Citation: 40 So. 3d 804, 2010 Fla. App. LEXIS 9884, 2010 WL 2671809

Snippet: the suspect." Arizona v. Roberson, 486 U.S. 675, 681, 108 S.Ct. 2093, 100 L.Ed.2d 704 (1988). Under this

Kidwell v. General Motors Corp.

Court: District Court of Appeal of Florida | Date Filed: 2007-08-03

Citation: 975 So. 2d 503, 2007 WL 2213324

Snippet: Department of Agriculture and Consumer Services. See § 681.108(1), (4), (5), Fla. Stat. (2005). Accordingly, we

Cook v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-09-16

Citation: 921 So. 2d 631, 2005 WL 2242710

Snippet: evidence. See Huddleston v. United States, 485 U.S. 681, 108 S.Ct. 1496, 99 L.Ed.2d 771 (1988). [8] In view

Billie v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-07-30

Citation: 863 So. 2d 323, 2003 WL 21749078

Snippet: (quoting Huddleston v. United States, 485 U.S. 681, 108 S.Ct. 1496, 1499-1500, 99 L.Ed.2d 771, 780 (1988))

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: procedures established by a manufacturer under section 681.108 or arbitration before the Board pursuant to section

Ford Motor Co. v. Fowler

Court: District Court of Appeal of Florida | Date Filed: 1998-01-27

Citation: 705 So. 2d 662, 1998 WL 25528

Snippet: settlement procedure process outlined in section 681.108, Florida Statutes. See Wylie v. Investment Management

Phillips v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-12-13

Citation: 591 So. 2d 987, 1991 WL 265073

Snippet: But cf. Huddleston v. United States, 485 U.S. 681, 108 S.Ct. 1496, 99 L.Ed.2d 771 (1988), wherein the

Results Real Estate, Inc. v. Lazy Days RV Center, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1987-04-10

Citation: 505 So. 2d 587, 12 Fla. L. Weekly 1010

Snippet: the manufacturer. However, nothing in ss. 681.10-681.108 shall in any way limit or expand the rights or

Ago

Court: Florida Attorney General Reports | Date Filed: 1985-04-23

Snippet: informal dispute settlement panel referred to in s 681.108, F.S. (1984 Supp.), pursuant to that section. You