Florida Statute 681.1095 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 681
MOTOR VEHICLE SALES WARRANTIES

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F.S. 681.1095

681.1095 Florida New Motor Vehicle Arbitration Board; creation and function.—

(1) There is established within the department, the Florida New Motor Vehicle Arbitration Board, consisting of members appointed by the Attorney General for an initial term of 1 year. Board members may be reappointed for additional terms of 2 years. Each board member is accountable to the Attorney General for the performance of the member’s duties and is exempt from civil liability for any act or omission that occurs while acting in the member’s official capacity. The department shall defend a member in any action against the member or the board which arises from any such act or omission. The Attorney General may establish as many regions of the board as necessary to carry out the provisions of this chapter.

(2) The board shall hear cases in various locations throughout the state so that any consumer whose dispute is approved for arbitration by the department may attend an arbitration hearing at a reasonably convenient location and present a dispute orally. Hearings shall be conducted by panels of three board members assigned by the department. A majority vote of the three-member board panel shall be required to render a decision. Arbitration proceedings under this section shall be open to the public on reasonable and nondiscriminatory terms.

(3) Each region of the board shall consist of up to eight members. The members of the board shall construe and apply the provisions of this chapter, and rules adopted thereunder, in making their decisions. An administrator and a secretary shall be assigned to each region of the board by the department. At least one member of the board in each region must have expertise in motor vehicle mechanics. A member may not be employed by a manufacturer or a franchised motor vehicle dealer or be a staff member, a decisionmaker, or a consultant for a procedure. Board members shall be trained in the application of this chapter and any rules adopted under this chapter. Members of the board shall be compensated at a rate prescribed by the Attorney General and are entitled to reimbursement for per diem and travel expenses pursuant to s. 112.061.

(4) Before filing a civil action on a matter subject to s. 681.104, the consumer must first submit the dispute to the department, and to the board if such dispute is deemed eligible for arbitration.

(5) Manufacturers shall submit to arbitration conducted by the board if such arbitration is requested by a consumer and the dispute is deemed eligible for arbitration by the department pursuant to s. 681.109.

(6) The board shall hear the dispute within 40 days and render a decision within 60 days after the date the request for arbitration is approved. The board may continue the hearing on its own motion or upon the request of a party for good cause shown. A request for continuance by the consumer constitutes waiver of the time periods set forth in this subsection. The department, at the board’s request, may investigate disputes, and may issue subpoenas for the attendance of witnesses and for the production of records, documents, and other evidence before the board. The failure of the board to hear a dispute or render a decision within the prescribed periods does not invalidate the decision.

(7) At all arbitration proceedings, the parties may present oral and written testimony, present witnesses and evidence relevant to the dispute, cross-examine witnesses, and be represented by counsel. The board may administer oaths or affirmations to witnesses and inspect the vehicle if requested by a party or if the board deems such inspection appropriate.

(8) The board shall grant relief, if a reasonable number of attempts have been undertaken to correct a nonconformity or nonconformities.

(9) The decision of the board shall be sent by any method providing a delivery confirmation to the consumer and the manufacturer, and shall contain written findings of fact and rationale for the decision. If the decision is in favor of the consumer, the manufacturer must, within 40 days after receipt of the decision, comply with the terms of the decision. Compliance occurs on the date the consumer receives delivery of an acceptable replacement motor vehicle or the refund specified in the arbitration award. In any civil action arising under this chapter and relating to a dispute arbitrated before the board, any decision by the board is admissible in evidence.

(10) A decision is final unless appealed by either party. A petition to the circuit court to appeal a decision must be made within 30 days after receipt of the decision. The petition shall be filed in the county where the consumer resides, or where the motor vehicle was acquired, or where the arbitration hearing was conducted. Within 7 days after the petition has been filed, the appealing party must send a copy of the petition to the department. If the department does not receive notice of such petition within 40 days after the manufacturer’s receipt of a decision in favor of the consumer, and the manufacturer has neither complied with, nor has petitioned to appeal such decision, the department may apply to the circuit court to seek imposition of a fine up to $1,000 per day against the manufacturer until the amount stands at twice the purchase price of the motor vehicle, unless the manufacturer provides clear and convincing evidence that the delay or failure was beyond its control or was acceptable to the consumer as evidenced by a written statement signed by the consumer. If the manufacturer fails to provide such evidence or fails to pay the fine, the department shall initiate proceedings against the manufacturer for failure to pay such fine. The proceeds from the fine herein imposed shall be placed in the Motor Vehicle Warranty Trust Fund in the department for implementation and enforcement of this chapter. If the manufacturer fails to comply with the provisions of this subsection, the court shall affirm the award upon application by the consumer.

(11) This section and s. 681.109 pertaining to compulsory arbitration before the board, the dispute eligibility screening by the department, the proceedings and decisions of the board, and any appeals thereof, are exempt from chapter 120.

(12) An appeal of a decision by the board to the circuit court by a consumer or a manufacturer shall be by trial de novo. In a written petition to appeal a decision by the board, the appealing party must state the action requested and the grounds relied upon for appeal. Within 15 days after final disposition of the appeal, the appealing party shall furnish the department with a copy of the settlement or the order or judgment of the court.

(13) If a decision of the board in favor of the consumer is upheld by the court, recovery by the consumer shall include the pecuniary value of the award, attorney’s fees incurred in obtaining confirmation of the award, and all costs and continuing damages in the amount of $25 per day for each day beyond the 40-day period following the manufacturer’s receipt of the board’s decision. If a court determines that the manufacturer acted in bad faith in bringing the appeal or brought the appeal solely for the purpose of harassment or in complete absence of a justiciable issue of law or fact, the court shall double, and may triple, the amount of the total award.

(14) When a judgment affirms a decision by the board in favor of a consumer, appellate review may be conditioned upon payment by the manufacturer of the consumer’s attorney’s fees and giving security for costs and expenses resulting from the review period.

(15) The department shall maintain records of each dispute submitted to the board, and the program, including an index of motor vehicles by year, make, and model, and shall compile aggregate annual statistics for all disputes submitted to, and decided by, the board, as well as annual statistics for each manufacturer that include, but are not limited to, the value, if applicable, and the number and percent of:

(a) Replacement motor vehicle requests;

(b) Purchase price refund requests;

(d) Purchase price refunds obtained in prehearing settlements;

(e) Replacement motor vehicles awarded in arbitration;

(f) Purchase price refunds awarded in arbitration;

(g) Board decisions neither complied with in 40 days nor petitioned for appeal within 30 days;

(h) Board decisions appealed;

(i) Appeals affirmed by the court; and

(j) Appeals found by the court to be brought in bad faith or solely for the purpose of harassment.

The statistics compiled under this subsection are public information.

(16) When requested by the department, a manufacturer must verify the settlement terms for disputes that are approved for arbitration but are not decided by the board.

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

History.—ss. 7, 19, ch. 88-95; s. 18, ch. 91-110; s. 4, ch. 91-429; s. 7, ch. 92-88; s. 55, ch. 95-211; s. 6, ch. 97-245; s. 21, ch. 2011-56; s. 31, ch. 2011-205.

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Amendments to 681.1095

Arrestable Offenses / Crimes under Fla. Stat. 681.1095

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 681.1095.

Annotations, Discussions, Cases:

Cases Citing Statute 681.1095

Total Results: 20

State Farm Florida Insurance Co. v. Buitrago

Court: District Court of Appeal of Florida | Date Filed: 2012-06-29

Citation: 100 So. 3d 85, 2012 Fla. App. LEXIS 10547, 2012 WL 2471601

Snippet: procedures under Florida’s Lemon Law, section 681.1095, Florida Statutes (1989), were constitutional

Blue Cross Blue Shield of Florida, Inc. v. Outpatient Surgery Center of St. Augustine

Court: District Court of Appeal of Florida | Date Filed: 2011-04-15

Citation: 66 So. 3d 952, 2011 WL 1449514

Snippet: arbitration decision entered in the consumer’s favor. § 681.1095(13), Fla. Stat. (“An appeal of a decision by the

General Motors Corp. v. Sanchez

Court: District Court of Appeal of Florida | Date Filed: 2009-07-15

Citation: 16 So. 3d 883, 2009 Fla. App. LEXIS 9619, 2009 WL 2031284

Snippet: reinstating county employee with back pay); cf. § 681.1095(13), Fla. Stat. (2008) (attorneys' fees specifically

Ago

Court: Florida Attorney General Reports | Date Filed: 2008-08-29

Snippet: an appointed Lemon Law Arbitrator under section 681.1095, Florida Statutes, you have asked for my opinion

San Martin v. DaimlerChrysler Corp.

Court: District Court of Appeal of Florida | Date Filed: 2008-04-23

Citation: 983 So. 2d 620, 2008 Fla. App. LEXIS 5857, 2008 WL 1809321

Snippet: Florida New Motor Vehicle Arbitration Board, see § 681.1095, Fla. Stat. (2004), on claims brought by him relating

TA Enterprises, Inc. v. Olarte, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2006-06-07

Citation: 931 So. 2d 1016, 2006 Fla. App. LEXIS 8940, 2006 WL 1541076

Snippet: Enforcement Act (Florida's Lemon Law), section 681.1095(14), Florida Statutes (2001), which authorizes

Gelinas v. Forest River, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2006-05-24

Citation: 931 So. 2d 970, 2006 Fla. App. LEXIS 8141, 2006 WL 1409118

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

Allison Transmission, Inc. v. JR Sailing, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2006-03-03

Citation: 926 So. 2d 404, 2006 Fla. App. LEXIS 2994, 2006 WL 508070

Snippet: parties went to arbitration pursuant to section 681.1095(4) of the Act. Section 681.104(2)(a) requires

BMW of North America v. ROTTA

Court: District Court of Appeal of Florida | Date Filed: 2006-02-08

Citation: 921 So. 2d 702, 2006 Fla. App. LEXIS 2515, 2006 WL 436931

Snippet: and remand for a trial de novo. Under section 681.1095(12), the petition need only identify the cause

Burns v. DaimlerChrysler Corp.

Court: District Court of Appeal of Florida | Date Filed: 2005-10-05

Citation: 914 So. 2d 451, 2005 Fla. App. LEXIS 15784, 2005 WL 2439228

Snippet: Arbitration Board ("the Board"), pursuant to section 681.1095, Florida Statutes.[1] Burns also filed a lawsuit

Land v. General Motors Corp.

Court: District Court of Appeal of Florida | Date Filed: 2005-06-22

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

Snippet: initial complaint in any standard action. Section 681.1095(12), Florida Statutes, describes the manner in

Coberley v. Thor Industries, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2005-06-10

Citation: 908 So. 2d 486, 2005 Fla. App. LEXIS 8885, 2005 WL 1364367

Snippet: circuit court in the manner prescribed by section 681.1095(12), which provides that "an appeal of a decision

TA Enterprises, Inc. v. Olarte, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2003-01-29

Citation: 835 So. 2d 1235, 2003 WL 187190

Snippet: "appeal by trial de novo" pursuant to section 681.1095(12).[5] As grounds for the appeal, Eclipse contended

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: file for arbitration under sections 681.109 and 681.1095, he contended that this failure was caused by

Holzhauer-Mosher v. Ford Motor Co.

Court: District Court of Appeal of Florida | Date Filed: 2000-07-21

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

Snippet: decision to the circuit court pursuant to section 681.1095(19), Florida Statutes (1997), which provides for

Nationwide Mut. Fire Ins. Co. v. Pinnacle Med., Inc.

Court: Supreme Court of Florida | Date Filed: 2000-02-03

Citation: 753 So. 2d 55, 2000 WL 123791

Snippet: 2d 710 (Fla.1998), this Court examined section 681.1095(4), Florida Statutes (1989), part of Florida's

Ford Motor Co. v. Starling

Court: District Court of Appeal of Florida | Date Filed: 1998-10-09

Citation: 721 So. 2d 335, 1998 Fla. App. LEXIS 12733, 1998 WL 698186

Snippet: was not identified, however. Pursuant to section 681.1095, Florida Statutes (1992), Ford's right of appeal

Chrysler Corp. v. Pitsirelos

Court: Supreme Court of Florida | Date Filed: 1998-09-17

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

Snippet: repaired, and Pitsirelos, pursuant to section 681.1095, Florida Statutes (1989), applied for arbitration

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: third-party complaint against Holiday. Section 681.1095(10), Florida Statutes, provides that an appeal

Kahn v. Villas at Eagles Point Condominium Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1997-05-14

Citation: 693 So. 2d 1029, 1997 Fla. App. LEXIS 5149, 1997 WL 244252

Snippet: 718.1255(4)(c), Fla. Stat. (Supp.1994) with § 681.1095, Fla. Stat. (1995). Both statutes authorize a