Florida Statute 681.109 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 681
MOTOR VEHICLE SALES WARRANTIES

View Entire Chapter

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 CourtListener

Amendments to 681.109

Annotations, Discussions, Cases:

Cases Citing Statute 681.109

Total Results: 7

Chrysler Corp. v. Pitsirelos

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

Supreme Court of Florida | Filed: Sep 17, 1998 | Docket: 1694468

Cited 12 times | Published

vehicle." § 681.102(12), Fla. Stat. (1989). [5] § 681.109(3), Fla. Stat. (1989). [6] § 681.1095(4), Fla

Kidwell v. General Motors Corp.

975 So. 2d 503, 2007 WL 2213324

District Court of Appeal of Florida | Filed: Aug 3, 2007 | Docket: 1424520

Cited 10 times | Published

Arbitration Board, which he failed to do. See § 681.109(2), Fla. Stat. (2005). Furthermore, Kidwell's

King v. King Motor Co. of Fort Lauderdale

780 So. 2d 937, 2001 WL 121115

District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 1708727

Cited 8 times | Published

described in sections 681.101 and 681.104(2)(a). See § 681.109, Fla.Stat. (2000); Ch. 88-95, § 6, at 438, Laws

TA Enterprises, Inc. v. Olarte, Inc.

835 So. 2d 1235, 2003 WL 187190

District Court of Appeal of Florida | Filed: Jan 29, 2003 | Docket: 1754859

Cited 5 times | Published

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

Holzhauer-Mosher v. Ford Motor Co.

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

District Court of Appeal of Florida | Filed: Jul 21, 2000 | Docket: 2534045

Cited 3 times | Published

Mustang. The problem continued. Pursuant to section 681.109, Florida Statutes (1997), Holzhauer-Mosher

Land v. General Motors Corp.

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

District Court of Appeal of Florida | Filed: Jun 22, 2005 | Docket: 1775565

Cited 2 times | Published

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

Fischetti v. American Isuzu Motors, Inc.

918 So. 2d 974, 2005 Fla. App. LEXIS 19612, 2005 WL 3299510

District Court of Appeal of Florida | Filed: Dec 7, 2005 | Docket: 1361406

Cited 1 times | Published

administered by the Better Business Bureau (BBB). See § 681.109(1), Fla. Stat. (2005) ("If a manufacturer has

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.