Florida Statute 681.109 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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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 Citing Statute 681.109

Total Results: 8

Kidwell v. General Motors Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2007-08-03T00:00:00-07:00

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

Snippet: Arbitration Board, which he failed to do. See § 681.109(2), Fla. Stat. (2005). Furthermore, Kidwell'… operated by the Better Business Bureau. See § 681.109(1), Fla. Stat. (2005). [2] Although immunity is

Gelinas v. Forest River, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-24T00:00:00-07:00

Citation: 931 So. 2d 970

Snippet: pathway through arbitration contained in sections 681.109 and 681.1095. By requiring submission to the division

Fischetti v. American Isuzu Motors, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-06T23:53:00-08:00

Citation: 918 So. 2d 974

Snippet: administered by the Better Business Bureau (BBB). See § 681.109(1), Fla. Stat. (2005) ("If a manufacturer …#39;s program of arbitration by the BBB. See § 681.109(2), Fla. Stat. (2005) ("If a consumer is not…within 30 days after the final action by the BBB. § 681.109(2),(4) ("The consumer must request arbitration

Land v. General Motors Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2005-06-22T00:53:00-07:00

Citation: 906 So. 2d 1154

Snippet: Florida's so-called "Lemon Law." § 681.109(2), Fla. Stat. (2002). Again, Land was unable to

TA Enterprises, Inc. v. Olarte, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-01-28T23:53:00-08:00

Citation: 835 So. 2d 1235

Snippet: 681, Fla. Stat. (2001), esp. § 681.109(1), (2), and (3). [4] See § 681.109(8), Fla. Stat. (2001) ("

King v. King Motor Co. of Fort Lauderdale

Court: Fla. Dist. Ct. App. | Date Filed: 2001-02-13T23:53:00-08:00

Citation: 780 So. 2d 937

Snippet: not timely file for arbitration under sections 681.109 and 681.1095, he contended that this failure was…described in sections 681.101 and 681.104(2)(a). See § 681.109, Fla.Stat. (2000); Ch. 88-95, § 6, at 438, Laws…arbitration before the Board pursuant to section 681.109-681.1095. This preference is implemented by section…) covers an action brought pursuant to section 681.109(7), where the division has rejected a dispute and…pathway through arbitration contained in sections 681.109 and 681.1095. By requiring submission to the division

Holzhauer-Mosher v. Ford Motor Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2000-07-21T00:53:00-07:00

Citation: 772 So. 2d 7

Snippet: Mustang. The problem continued. Pursuant to section 681.109, Florida Statutes (1997), Holzhauer-Mosher *9 requested

Chrysler Corp. v. Pitsirelos

Court: Fla. | Date Filed: 1998-09-17T00:53:00-07:00

Citation: 721 So. 2d 710

Snippet: quot; § 681.102(12), Fla. Stat. (1989). [5] § 681.109(3), Fla. Stat. (1989). [6] § 681.1095(4), Fla.