The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 681
MOTOR VEHICLE SALES WARRANTIES

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F.S. 681.109

681.109 Florida New Motor Vehicle Arbitration Board; dispute eligibility.—

(1) If a manufacturer has a certified procedure, a consumer claim arising during the Lemon Law rights period must be filed with the certified procedure no later than 60 days after the expiration of the Lemon Law rights period. If a decision is not rendered by the certified procedure within 40 days after filing, the consumer may apply to the department to have the dispute removed to the board for arbitration.

(2) If a manufacturer has a certified procedure, a consumer claim arising during the Lemon Law rights period must be filed with the certified procedure no later than 60 days after the expiration of the Lemon Law rights period. If a consumer is not satisfied with the decision or the manufacturer’s compliance therewith, the consumer may apply to the department to have the dispute submitted to the board for arbitration. A manufacturer may not seek review of a decision made under its procedure.

(3) If a manufacturer does not have a certified procedure or if the certified procedure does not have jurisdiction to resolve the dispute, a consumer may apply directly to the department to have the dispute submitted to the board for arbitration.

(4) A consumer must request arbitration before the board with respect to a claim arising during the Lemon Law rights period no later than 60 days after the expiration of the Lemon Law rights period, or within 30 days after the final action of a certified procedure, whichever date occurs later.

(5) The department shall screen all requests for arbitration before the board to determine eligibility. The consumer’s request for arbitration before the board shall be made on a form prescribed by the department. The department shall forward to the board all disputes that the department determines are potentially entitled to relief under this chapter.

(6) The department may reject a dispute that it determines to be fraudulent or outside the scope of the board’s authority. Any dispute deemed by the department to be ineligible for arbitration by the board due to insufficient evidence may be reconsidered upon the submission of new information regarding the dispute. The department after a second review, may reject a dispute if the evidence is clearly insufficient to qualify for relief. If the department rejects a dispute, it must provide notice of the rejection and a brief explanation of the reason for rejection to the consumer and to the manufacturer.

(7) If the department rejects a dispute, the consumer may file a lawsuit to enforce the remedies provided under this chapter. In any civil action arising under this chapter and relating to a matter considered by the department, any determination made to reject a dispute is admissible in evidence.

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

History.—ss. 6, 19, ch. 88-95; s. 4, ch. 91-429; s. 6, ch. 92-88; s. 5, ch. 97-245; s. 20, ch. 2011-56; s. 30, ch. 2011-205; s. 7, ch. 2013-207.

F.S. 681.109 on Google Scholar

F.S. 681.109 on Casetext

Amendments to 681.109

Arrestable Offenses / Crimes under Fla. Stat. 681.109

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 681.109.

Annotations, Discussions, Cases:

Cases from cite.case.law:

R. KIDWELL, v. GENERAL MOTORS CORP., 975 So. 2d 503 (Fla. Dist. Ct. App. 2007)

. . . See § 681.109(2), Fla. Stat. (2005). . . . See § 681.109(1), Fla. . . .

GELINAS, v. FOREST RIVER, INC., 931 So. 2d 970 (Fla. Dist. Ct. App. 2006)

. . . remedy that is available by following the procedural pathway through arbitration contained in sections 681.109 . . .

FISCHETTI D. v. AMERICAN ISUZU MOTORS, INC., 918 So. 2d 974 (Fla. Dist. Ct. App. 2005)

. . . See § 681.109(1), Fla. . . . See § 681.109(2), Fla. . . . petition for a second arbitration before the board within 30 days after the final action by the BBB. § 681.109 . . .

H. LAND, v. GENERAL MOTORS CORPORATION,, 906 So. 2d 1154 (Fla. Dist. Ct. App. 2005)

. . . .” § 681.109(2), Fla. Stat. (2002). Again, Land was unable to gain the relief requested. . . .

T. A. ENTERPRISES, INC. a v. OLARTE, INC. a, 835 So. 2d 1235 (Fla. Dist. Ct. App. 2003)

. . . . § 681.109(1), (2), and (3). . See § 681.109(8), Fla. . . .

KING, v. KING MOTOR COMPANY OF FORT LAUDERDALE, a a a, 780 So. 2d 937 (Fla. Dist. Ct. App. 2001)

. . . Although King did not timely file for arbitration under sections 681.109 and 681.1095, he contended that . . . See § 681.109, Fla.Stat. (2000); Ch. 88-95, § 6, at 438, Laws of Fla. . . . established by a manufacturer under section 681.108 or arbitration before the Board pursuant to section 681.109 . . . Section 681.1095(4) covers an action brought pursuant to section 681.109(7), where the division has rejected . . . remedy that is available by following the procedural pathway through arbitration contained in sections 681.109 . . .

HOLZHAUER- MOSHER, v. FORD MOTOR COMPANY,, 772 So. 2d 7 (Fla. Dist. Ct. App. 2000)

. . . Pursuant to section 681.109, Florida Statutes (1997), Hoi-zhauer-Mosher requested arbitration with the . . .

CHRYSLER CORPORATION, v. PITSIRELOS,, 721 So. 2d 710 (Fla. 1998)

. . . . § 681.109(3), Fla. Stat. (1989). . § 681.1095(4), Fla. Stat. (1989). . § 681.1095(12), Fla. . . .