Florida Statute 681.108 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 681
MOTOR VEHICLE SALES WARRANTIES

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681.108 Dispute-settlement procedures.—

(1) If a manufacturer has established a procedure that the department has certified as substantially complying with the provisions of 16 C.F.R. part 703, in effect October 1, 1983, as amended, and with the provisions of this chapter and the rules adopted under this chapter, and has informed the consumer how and where to file a claim with such procedure pursuant to s. 681.103(3), the provisions of s. 681.104(2) apply to the consumer only if the consumer has first resorted to such procedure. The decisionmakers for a certified procedure shall, in rendering decisions, take into account all legal and equitable factors germane to a fair and just decision, including, but not limited to, the warranty; the rights and remedies conferred under 16 C.F.R. part 703, in effect October 1, 1983, as amended; the provisions of this chapter; and any other equitable considerations appropriate under the circumstances. Decisionmakers and staff for a procedure shall be trained in the provisions of this chapter and in 16 C.F.R. part 703, in effect October 1, 1983, as amended. In an action brought by a consumer concerning an alleged nonconformity, the decision that results from a certified procedure is admissible in evidence.

(2) A manufacturer may apply to the department for certification of its procedure. After receipt and evaluation of the application, the department shall:

(a) Notify the manufacturer of any deficiencies in the application or the procedure;

(b) Certify the procedure as substantially complying with the provisions of 16 C.F.R. part 703, in effect October 1, 1983, as amended, and with the provisions of this chapter and rules adopted under this chapter, for a period not to exceed 1 year; or

(3) A certified procedure or a procedure of an applicant seeking certification shall submit to the department a copy of each settlement approved by the procedure or decision made by a decisionmaker within 30 days after the settlement is reached or the decision is rendered. The decision or settlement must contain at a minimum the:

(a) Name and address of the consumer;

(b) Name of the manufacturer and address of the dealership from which the motor vehicle was purchased;

(d) Relief requested by the consumer;

(e) Name of each decisionmaker rendering the decision or person approving the settlement;

(f) Statement of the terms of the settlement or decision;

(g) Date of the settlement or decision; and

(h) Statement of whether the decision was accepted or rejected by the consumer.

(4) Any manufacturer establishing or applying to establish a certified procedure must file with the department a copy of the annual audit required under the provisions of 16 C.F.R. part 703, in effect October 1, 1983, as amended, together with any additional information required for purposes of certification, including the number of refunds and replacements made in this state pursuant to the provisions of this chapter by the manufacturer during the period audited.

(5) The department shall review each certified procedure at least annually to determine if certification should be renewed. A manufacturer seeking renewal of certification shall notify the department in writing at least 60 days before the end of the 1-year certification period. Upon review, the department shall:

(a) Renew certification for a period not to exceed 1 year if the procedure is found to substantially comply with the provisions of 16 C.F.R. part 703, in effect October 1, 1983, as amended, and with the provisions of this chapter and rules adopted under this chapter;

(b) Notify the manufacturer of any deficiencies in the procedure; or

(c) Decline to renew certification. If certification is declined, the department shall state the reasons for such action.

(6) If a manufacturer ceases operation of a certified procedure, the manufacturer shall notify the department immediately in writing, and upon receipt of such notification, the department shall revoke certification for that procedure, effective the date the certified procedure ceased.

(7) A manufacturer whose certification is declined is entitled to a hearing pursuant to chapter 120.

(8) If federal preemption of state authority to regulate procedures occurs, the provisions of subsection (1) concerning prior resort do not apply.

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

History.—s. 7, ch. 83-69; s. 4, ch. 84-55; s. 5, ch. 85-240; ss. 5, 19, ch. 88-95; s. 17, ch. 91-110; s. 4, ch. 91-429; s. 5, ch. 92-88; s. 19, ch. 2011-56; s. 29, ch. 2011-205; s. 81, ch. 2012-5; s. 6, ch. 2013-207.

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Amendments to 681.108

Annotations, Discussions, Cases:

Cases Citing Statute 681.108

Total Results: 4 | Sort by: Relevance | Newest First

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Kidwell v. Gen. Motors Corp., 975 So. 2d 503 (Fla. 2d DCA 2007).

Cited 10 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2213324

...It is not the manufacturer that operates the BBB Auto Line Arbitration program, but the Council of Better Business Bureaus, Inc., [4] and the procedure is certified and audited annually by the Division of Consumer Services of the Department of Agriculture and Consumer Services. See § 681.108(1), (4), (5), Fla....

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King v. King Motor Co. of Fort Lauderdale, 780 So. 2d 937 (Fla. 4th DCA 2001).

Cited 8 times | Published | Florida 4th District Court of Appeal | 2001 WL 121115

...The statute allows the circuit court to double or triple the amount of the total award if it "determines that the manufacturer acted in bad faith." Id. The Lemon Law favors resolution of cases outside of the court system in either dispute settlement procedures established by a manufacturer under section 681.108 or arbitration before the Board pursuant to section 681.109-681.1095....

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Ford Motor Co. v. Fowler, 705 So. 2d 662 (Fla. 1st DCA 1998).

Published | Florida 1st District Court of Appeal | 1998 WL 25528

...As to the Ford appeal and cross appeal, we affirm as to both. We find it unnecessary to address the issues raised therein except to note that Ford waived any argument as to untimeliness by voluntarily taking part in the dispute settlement procedure process outlined in section 681.108, Florida Statutes....

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Ago (Fla. Att'y Gen. 1985).

Published | Florida Attorney General Reports

...OCEDURE MECHANISM DETERMINES THAT A VEHICLE DOES NOT CONFORM TO AN APPLICABLE EXPRESS WARRANTY? The Department of Agriculture and Consumer Services has a duty to designate at least one member of the informal dispute settlement panel referred to in s 681.108 , F.S....

...t another repair attempt . . . [t]his appears to subvert the intention of the legislature and to contravene the express provisions of the [Motor Vehicle Warranty Enforcement] Act.' QUESTION ONE The Motor Vehicle Warranty Enforcement Act, ss 681.10 - 681.108 , F.S....

...(1984 Supp.), popularly known as the `Lemon Law,' sets forth the circumstances under which consumers may bring an action to obtain certain remedies where a motor vehicle does not conform to applicable express warranties. See , ss 681.104 , F.S. However, s 681.108 , F.S....

...ions of 16 C.F.R. pt. 703, the provisions of s. 681.104 do not apply to any consumer who has not first resorted to such procedure. See also , s 681.104 (5)(a), F.S. (1984 Supp.), stating in relevant part that `[a]ny action brought under ss. 681.10 - 681.108 shall be commenced . . . in the event that a consumer resorts to an informal dispute settlement procedure as provided in s. 681.108 , within 90 days following the final action of the panel.' The Legislature has expressly declared its intent in enacting the Motor Vehicle Warranty Enforcement Act, as amended by Ch....

...These statutory procedures expressly condition the remedies enacted therein on resort to informal dispute settlement procedures which comply with the applicable provisions of 16 C.F.R. s 703 where a manufacturer of motor vehicles has established such procedures. Section 681.108 , F.S....

...Notwithstanding the form of your question, I would direct your attention to 16 C.F.R. s 703.5(j), which provides that `[d]ecisions of the Mechanism shall not be legally binding on any person' although such decisions `shall be admissible in evidence.' See also , s 681.108 , F.S....

...replacement vehicle or the repurchase of the nonconforming motor vehicle exclusive of any other course of action as the result of any decision of the panel. However, where a consumer has first resorted to informal dispute settlement procedures if s 681.108 applies, s 681.104 (2), F.S....

...(1984 Supp.), the Legislature has provided that the remedy for the manufacturer's failure to abide by the above requirement is an action enforcing such requirement brought by the consumer `within 90 days following the final action of the panel' if s 681.108 , F.S....

...681.104 (2) and (3), F.S. (1984 Supp.), grant certain rights to consumers which may be enforced in an action brought within 90 days of final action of an informal dispute settlement procedure panel, if applicable, pursuant to s 681.104 (5)(a) and s 681.108 , F.S....

...While it appears that a manufacturer is not required to offer the consumer the option of either a comparable or replacement vehicle or the repurchase of the nonconforming motor vehicle, exclusive of any other course of action, as the result of a decision by the informal dispute settlement procedure panel where s 681.108 , F.S....

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