The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 681
MOTOR VEHICLE SALES WARRANTIES

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F.S. 681.1095

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.

F.S. 681.1095 on Google Scholar

F.S. 681.1095 on Casetext

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 from cite.case.law:

STATE FARM FLORIDA INSURANCE COMPANY, v. BUITRAGO, 100 So. 3d 85 (Fla. Dist. Ct. App. 2012)

. . . Similarly, the supreme court ruled that the arbitration procedures under Florida’s Lemon Law, section 681.1095 . . . Section 681.1095 initially required the consumer to submit his or her dispute before a six-member arbitration . . . The board’s decision was final but could be appealed to the circuit court. § 681.1095(11). . . . . § 681.1095(10), (13). . . . Thus, the arbitration provisions were constitutional because section 681.1095 did not require the trial . . .

BLUE CROSS BLUE SHIELD OF FLORIDA, INC. v. OUTPATIENT SURGERY CENTER OF ST. AUGUSTINE, v. v. v., 66 So. 3d 952 (Fla. Dist. Ct. App. 2011)

. . . . § 681.1095(13), Fla. Stat. . . .

GENERAL MOTORS CORPORATION, v. SANCHEZ,, 16 So. 3d 883 (Fla. Dist. Ct. App. 2009)

. . . . § 681.1095(13), Fla. . . .

SAN MARTIN v. DAIMLERCHRYSLER CORPORATION,, 983 So. 2d 620 (Fla. Dist. Ct. App. 2008)

. . . count seeking to appeal an adverse decision of the Florida New Motor Vehicle Arbitration Board, see § 681.1095 . . .

T. A. ENTERPRISES, INC. v. OLARTE, INC. a, 931 So. 2d 1016 (Fla. Dist. Ct. App. 2006)

. . . See § 681.1095(13), Fla. Stat. (2001). . . . Pursuant to section 681.1095(14), Florida Statutes (2001), the court ordered T.A. . . . Enterprises that section 681.1095(14) is unconstitutional. . . . Section 681.1095(14) authorizes a court to set a substantial financial barrier to an appeal. . . . See § 681.1095(13), Fla. Stat. (2001). . . .

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

. . . available by following the procedural pathway through arbitration contained in sections 681.109 and 681.1095 . . . By requiring submission to the division and to arbitration, if appropriate, section 681.1095(4) guides . . . See §§ 681.104(2)(a), 681.1095(8) & (9), Fla. Stat. (2000). . . . In reversing, this Court noted that section 681.1095 authorizes the Lemon Law arbitration board to hear . . .

ALLISON TRANSMISSION, INC. v. J. R. SAILING, INC., 926 So. 2d 404 (Fla. Dist. Ct. App. 2006)

. . . alleviate the condition to Sailing’s satisfaction, the parties went to arbitration pursuant to section 681.1095 . . . If a consumer loses at arbitration, section 681.1095(12) provides that the consumer may file a civil . . .

BMW OF NORTH AMERICA, LLC. v. LA ROTTA,, 921 So. 2d 702 (Fla. Dist. Ct. App. 2006)

. . . Under section 681.1095(12), the petition need only identify the cause of action and the grounds for appeal . . . See § 681.1095(12), Fla. Stat. (2003). . . . While section 681.1095(12) says that the party should include a statement of “the grounds relied upon . . . Section 681.1095(12) does not specify that the entitlement to a trial de novo turns on the merits of . . .

BURNS, v. DAIMLERCHRYSLER CORPORATION,, 914 So. 2d 451 (Fla. Dist. Ct. App. 2005)

. . . filed a request for arbitration with the Lemon Law Arbitration Board (“the Board”), pursuant to section 681.1095 . . . The Lemon Law Arbitration Board is a creature of statute, created by section 681.1095, Florida Statutes . . . See § 681.1095(13), Fla. Stat. In Charbonneau v. . . . Section 681.1095(12), Florida Statutes, requires “[a]n appeal of a decision by the board to the circuit . . . the dispute to the division, and to the board if such dispute is deemed eligible for arbitration.” § 681.1095 . . .

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

. . . Section 681.1095(12), Florida Statutes, describes the manner in which a Lemon Law arbitration decision . . . the appealing party must state the action requested and the grounds relied upon for the appeal.” § 681.1095 . . . See id.; § 681.1095(12), Fla. Stat. . . . . § 681.1095(10), Fla. Stat. (“A decision is final unless appealed by either party ... . . .

COBERLEY, v. THOR INDUSTRIES, INC., 908 So. 2d 486 (Fla. Dist. Ct. App. 2005)

. . . An appeal is to the circuit court in the manner prescribed by section 681.1095(12), which provides that . . . then timely filed a Petition To The Circuit Court For Review And Trial De Novo, pursuant to section 681.1095 . . . hearing before the arbitrator, he petitioned the circuit court for a trial de novo pursuant to sections 681.1095 . . .

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

. . . At that point, Eclipse timely filed a petition for an “appeal by trial de novo” pursuant to section 681.1095 . . . It also held that in an award of damages under subsection 681.1095(14) is limited “solely to reimburse . . . arbitration of such claims was invalid, the court said: “In [Pitsirelos], this Court examined section 681.1095 . . . Section 681.1095(13) provided for a trial de novo in the circuit court for a party who appealed the arbitration . . . See § 681.1095(13), (14), Fla. Stat. (2001). . . . .

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 § 681.1095(6), Fla.Stat. (2000). . . . .” § 681.1095(8), Fla.Stat. (2000). . . . See §§ 681.104(2)(a), 681.1095(8) & (9), Fla.Stat. (2000). . . . See §§ 681.104(2)(a), 681.1095(8) & (9), Fla. Stat. (2000). . . .

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

. . . Ford appealed the Board’s decision to the circuit court pursuant to section 681.1095(19), Florida Statutes . . . other grounds, 721 So.2d 710 (Fla.1998), the Fourth District considered similar challenges to section 681.1095 . . .

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, v. PINNACLE MEDICAL, INC. M M v. M M, 753 So. 2d 55 (Fla. 2000)

. . . Pitsirelos, 721 So.2d 710 (Fla.1998), this Court examined section 681.1095(4), Florida Statutes (1989 . . . Section 681.1095(13), Florida Statutes (1989), provided for a trial de novo in the circuit court for . . .

FORD MOTOR COMPANY, v. STARLING,, 721 So. 2d 335 (Fla. Dist. Ct. App. 1998)

. . . Pursuant to section 681.1095, Florida Statutes (1992), Ford’s right of appeal of this arbitration decision . . . Plainly, the purpose of section 681.1095(13), Florida Statutes, is to discourage baseless or frivolous . . .

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

. . . Lucie County under section 681.1095(13). . . . Stat. (1989). . § 681.1095(4), Fla. Stat. (1989). . § 681.1095(12), Fla. . . . . § 681.1095(5), Fla. Stat. (1989). . § 681.1095(10), Fla. Stat. (1989). . § 681.1095(10), Fla. . . . . §§ 681.1095(10), (11), Fla. Stat. (1989). . § 681.1095(11), Fla. . . . . § 681.1095(14), Fla. Stat. (1989). . § 681.1095(13), Fla. Stat. (1989). . Art. I, § 21, Fla. . . . Although section 681.1095(13) refers to the trial de novo as an “appeal,” the trial de novo is not in . . . Moreover, section 681.1095(10) provides that the decision of the Arbitration Board may be admitted into . . . the burden of proof at the trial de novo, the majority and the district court below note that section 681.1095 . . . Section 681.1095(14) permits the court to double or triple the amount of damages to the consumer if the . . .

FORD MOTOR COMPANY, v. J. FOWLER, HOLIDAY RAMBLER CORPORATION, v. J. FOWLER,, 705 So. 2d 662 (Fla. Dist. Ct. App. 1998)

. . . Section 681.1095(10), Florida Statutes, provides that an appeal of the decision of the board must be . . .

KAHN v. VILLAS AT EAGLES POINT CONDOMINIUM ASSOCIATION, INC., 693 So. 2d 1029 (Fla. Dist. Ct. App. 1997)

. . . (Supp.1994) with § 681.1095, Fla. Stat. (1995). . . .

CHRYSLER CORPORATION, v. PITSIRELOS,, 689 So. 2d 1132 (Fla. Dist. Ct. App. 1997)

. . . to the value of the vehicle, the jury awarded continuing damages of $25 per day pursuant to section 681.1095 . . . Appellant asserts that the $25 per day continuing damage provision of section 681.1095(13) bears no rational . . . We decline a request by counsel to address a challenge to section 681.1095(14), giving trial courts discretion . . .

C. MASON, D. P. M. P. A. v. PORSCHE CARS OF NORTH AMERICA, INC., 688 So. 2d 361 (Fla. Dist. Ct. App. 1997)

. . . Pursuant to section 681.1095, Florida Statutes (1991), Mason then applied to the attorney general’s office . . . Appeal Porsche appealed the Board’s decision by petition to the circuit court as permitted by section 681.1095 . . . THE BOARD’S DECISION AS EVIDENCE Section 681.1095(9) provides, “In any civil action arising under this . . . Section 681.1095 allows the arbitrators the discretion to inspect the vehicle, which is very different . . . Section 681.1095(13) provides in pertinent part: If a decision of the board in favor of the consumer . . .

AGUIAR, Jr. v. FORD MOTOR COMPANY,, 683 So. 2d 1158 (Fla. Dist. Ct. App. 1996)

. . . . § 681.1095(10), (12), Fla.Stat. (1998). . . . Thereafter, pursuant to section 681.1095(13), Florida Statutes (1991), the manufacturer filed its petition . . . The Fifth District, in its well-reasoned decision, stated that: Section 681.1095(13)c ] provides that . . . Subsequently, pursuant to Ch. 92-88, subsection 681.1095(13) was renumbered to subsection 681.1095(12 . . .

J. FOWLER, v. FORD MOTOR COMPANY,, 661 So. 2d 887 (Fla. Dist. Ct. App. 1995)

. . . instant action, Ford Motor Company, appellee here, is appealing to the circuit court, pursuant to section 681.1095 . . .

COUNTY OF VOLUSIA, v. CONSOLIDATED PRE- STRESSED CONCRETE, INC., 653 So. 2d 398 (Fla. Dist. Ct. App. 1995)

. . . to follow the board decision, the civil action would have to be the “appeal” provided for in section 681.1095 . . . Section 681.1095(13) of the lemon law provides as follows: An appeal of a decision by the [arbitration . . .

C. SHEEHAN, v. WINNEBAGO INDUSTRIES, INC., 635 So. 2d 1067 (Fla. Dist. Ct. App. 1994)

. . . recreational vehicle, the Sheehans and Winnebago proceeded to arbitration before the Board pursuant to section 681.1095 . . . Winnebago appealed the Board’s decision to the circuit court pursuant to section 681.1095(13) which calls . . . Section 681.1095(11) enables a party to appeal a decision of the Board to the circuit court, and section . . . 681.1095(13) explains that the circuit court’s review shall be by trial de novo. . . .

C. MASON, v. PORSCHE CARS OF NORTH AMERICA,, 621 So. 2d 719 (Fla. Dist. Ct. App. 1993)

. . . See generally § 681.1095(1), Fla. Stat. (1991). . . . Pursuant to section 681.1095(11), Florida Statutes (1991), the manufacturer appealed the decision by . . . He found that section 681.1095, Florida Statutes (1991) is ambiguous, but that the clear intent of the . . . part: Section 681.1095(11) A decision is final unless appealed by either party. . . . See § 681.1095(10), Fla.Stat. (1991). . . .

GENERAL MOTORS CORPORATION, PONTIAC MOTOR DIVISION, v. R. NEU, 617 So. 2d 406 (Fla. Dist. Ct. App. 1993)

. . . Arbitration took place pursuant to section 681.1095(4), Florida Statutes (1991), resulting in a decision . . . Petitioner relied on section 681.1095(13), Florida Statutes (1991), which provides: An appeal of a decision . . . First of all, the language of section 681.1095(13), Florida Statutes, as quoted earlier, expressly provides . . . However, section 681.1095(4), Florida Statutes (1991) requires the consumer filing suit to first submit . . . Then, section 681.1095(10), Florida Statutes provided that in any civil action brought under the chapter . . .