How to File a Lemon Law Claim in Florida

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The Florida Office of the Attorney General runs one of the busiest state-administered lemon law arbitration programs in the country, and most consumers who lose at that program lose on a procedural step they could have handled before they ever filed. The procedural rails for a Florida lemon law claim are statutory, the timing windows are short, and the manufacturer almost always shows up with counsel.

Easy Lemon represents Florida consumers in lemon law cases on a no-fee-unless-we-win basis under Fla. Stat. § 681.112, which makes the manufacturer pay your attorney’s fees when you prevail. If your dealer cannot fix a defective vehicle, request a free case review and our team will tell you whether you have a claim. Our Florida lemon law attorneys handle every step of the filing process for you.

This guide walks through what the Florida Lemon Law Rights Period covers, how the state Arbitration Board hearings work, and the answers to the questions Florida consumers ask most often.

What the Florida Lemon Law Rights Period Covers

According to Natalie Nassi, Esq., Partner at Easy Lemon, "many vehicle owners remain unaware of the compensation or replacement options available under lemon law," a point she made when Easy Lemon announced its 2024 nationwide expansion. Florida's law gives those owners a defined statutory path under Fla. Stat. §§ 681.10 through 681.118, the Motor Vehicle Sales Warranties statute. The protected window is what the statute calls the "Lemon Law Rights Period," which runs 24 months from the date you took delivery. Inside that window, Florida's coverage is broader than most states. The statute applies to: * New cars and trucks * Demonstrators sold as new * Leased vehicles, when the lease comes with a manufacturer's warranty * Recreational vehicles (the chassis and motor portion, not the living quarters) Florida does not cover motorcycles, mopeds, off-road vehicles, the living facilities of an RV, or trucks with a gross vehicle weight rating above 10,000 pounds. For those vehicles, the federal Magnuson-Moss Warranty Act (15 U.S.C. § 2310) is the alternate route.

How Florida Counts Repair Attempts and Out-of-Service Days

The Florida statute attaches its presumption two different ways, and the count rules matter as much as the thresholds. The first path is three failed repair attempts on the same nonconformity, plus a final repair attempt after written notice to the manufacturer. The second path is 30 cumulative calendar days at the dealer for any nonconformity, with a written notice obligation that kicks in once the count hits 15.

Both counts are cumulative across any authorized Florida dealer, not just the one where you bought the car. Weekends and holidays count. Days the dealer holds the vehicle for diagnostic time count. The clock does not pause if the dealer drops the vehicle on a weekend.

"The day count is where Florida consumers most often slip in lemon law cases. Every dealer drop-off and pickup needs to be logged the same day, because if it is not documented, it does not count toward the 30-day threshold."

— Natalie Nassi, Esq., Partner at Easy Lemon

The Written Notice: Florida's Procedural Hinge

Once you hit three repair attempts on the same defect, or 15 cumulative days out of service, Fla. Stat. § 681.104 requires you to give written notice to the manufacturer. Not to the dealer. Not by email. By registered or express mail directly to the manufacturer's designated address. The notice tells the manufacturer the defect, the repair history, and gives them a final repair window. After receiving the notice, the manufacturer has 10 days to direct you to a repair facility, and 10 more days to complete the repair. If the defect is still there at the end of that window, or the manufacturer ignores you, the lemon law presumption applies. Skip the notice and go straight to filing, and the manufacturer will argue you cut off their statutory right to cure. The Arbitration Board will likely agree. The lemon law letter is the procedural hinge of the whole claim, and getting it wrong is one of the most common reasons consumers lose otherwise winnable Florida cases.

Inside the Florida New Motor Vehicle Arbitration Board

If the manufacturer has a state-certified informal dispute settlement program, often run through the Better Business Bureau's BBB AUTO LINE, you generally have to use that program first. The certified-program decision is non-binding on you, which means you can reject it and proceed. If the manufacturer has no certified program, or you reject the manufacturer-program decision, you go to the Florida New Motor Vehicle Arbitration Board, run by the Florida Office of the Attorney General's Lemon Law Section. There is no filing fee. Hearings happen in person at locations across Florida. The Board issues written decisions binding on the manufacturer. Consumers can appeal to circuit court within 30 days. So can manufacturers, but if a manufacturer appeals and loses, it pays $25 per day for every day the consumer was without remedy after the Board's decision. That continuing-damages rule is a Florida-specific feature, and it is one of the reasons manufacturers in Florida settle quickly when their appeal odds are weak.

Filing Within the 24-Month Window

You must request arbitration within 24 months of original delivery, plus a 60-day extension if you are going through the state Board, or within 30 days after a certified manufacturer-program decision becomes final, whichever is later. Miss the window and the claim is gone, because the deadline is jurisdictional and the Board will dismiss late filings. This is where Florida consumers handling the case alone most often lose. The 24-month clock runs from the date you took delivery. Not from the date the defect appeared. Not from the date you finished the repair attempts. Not from when the dealer told you it could not be fixed. From delivery.

The Refund or Replacement Election in Florida

Florida's lemon law gives you the choice between a refund and a replacement. The manufacturer does not get to decide. A refund includes the full purchase price you paid, plus collateral charges (sales tax, title and registration fees, dealer prep, factory-installed options), plus reasonable incidental damages (rental car costs while the vehicle was being repaired, towing, manuals, and similar items). The manufacturer is allowed to deduct a "reasonable offset for use," a number based on the miles you drove the vehicle before you first reported the defect, calculated by a statutory formula. A replacement is a comparable new vehicle of the same make, model, and equivalent options, with all collateral charges paid by the manufacturer. According to Natalie Nassi, the refund-versus-replacement choice often turns on how long the vehicle has actually been on the road. Most Easy Lemon clients prefer the refund when their usage was minimal, rather than accepting another car from the same manufacturer that already sold them a defect. Under Fla. Stat. § 681.112, when the consumer prevails, the court "shall" award reasonable attorney's fees. Because those fees come from the manufacturer, Easy Lemon does not bill clients up front for Florida cases.

What Florida Excludes (And Where Federal Law Picks Up)

Be honest about the limits before you file. Florida's statute does not apply to: * Motorcycles, mopeds, scooters * Off-road vehicles * The living quarters of an RV (only the chassis, drivetrain, and motor are covered) * Trucks with a GVWR over 10,000 pounds * Vehicles where the defect was caused by accident, abuse, neglect, or unauthorized modification * Defects that do not substantially impair the use, value, or safety of the vehicle (cosmetic issues, for example, generally do not qualify) If your vehicle falls outside the Florida statute, Magnuson-Moss federal warranty law (15 U.S.C. § 2310) is your route. Easy Lemon handles those cases too, often as parallel claims when the state lemon law does not cover the vehicle.

Need Help Filing a Florida Lemon Law Claim?

You do not need a lawyer to file with the Florida New Motor Vehicle Arbitration Board. The Board is set up to be accessible to consumers acting on their own. What we see in our work is that manufacturers are almost always represented by counsel at arbitration. Their lawyers know the statute, the prior decisions, and how to argue the use-offset down or the warranty defense up. Consumers who go in alone tend to recover less than they would with representation. Easy Lemon, operated by RockPoint Law P.C. (10880 Wilshire Boulevard, Suite 1290, Los Angeles, CA 90024), represents Florida consumers in lemon law and warranty cases on a no-fee-unless-we-win basis. Florida is one of our highest-volume states. We track the 24-month deadline, draft the certified-mail notices, and handle Arbitration Board filings as a matter of routine. The firm has recovered more than $75 million for clients across thousands of cases. For a free consultation, call 855-43-LEMON or schedule online through our intake form. There is no cost to find out whether you have a case. If you do, we tell you. If you do not, we tell you that too. Florida Lemon Law: Frequently Asked Questions The questions below come up most often when Florida consumers call Easy Lemon. Each answer points back to the statutory rule that controls, so you can verify the framework yourself before deciding whether to file.

How does the Florida New Motor Vehicle Arbitration Board hearing actually work?

The Board schedules hearings in person at locations across the state. You bring your repair orders, your written notice and certified-mail proof, and any expert documentation. The manufacturer brings counsel and usually a technical witness. The hearing is informal compared to court, but the Board issues a written decision and the manufacturer is bound by it. Hearings typically run two to four hours.

Does Florida's lemon law cover RVs?

The motor and chassis of a recreational vehicle are covered, but the living quarters are not. That distinction matters because RV defects often involve the living section. For those, your remedy runs through Magnuson-Moss federal warranty law instead of the Florida statute.

What if the dealer's repair order says "could not duplicate"?

That repair order still counts as an attempt for purposes of the Lemon Law Rights Period. Keep it. It is evidence that you reported the defect during the coverage window, and it shows the dealer had the chance to fix it.

Does Florida's lemon law apply to used cars?

Not directly. The Florida statute covers new vehicles, demonstrators, and leased vehicles with a manufacturer's warranty. For most used vehicles, the remedy is under federal Magnuson-Moss. Easy Lemon's guide on Florida used-vehicle claims walks through that path.

What does the $25-per-day continuing-damages rule mean for me?

If the manufacturer loses at the Arbitration Board and appeals to circuit court, and then loses the appeal, Florida charges them $25 per day for every day after the Board decision that you were without remedy. That rule is a Florida-specific feature designed to deter delay tactics. In practice, it is a settlement lever during pre-appeal negotiations. ________________ Reviewed by Natalie Nassi, Esq., Partner, Easy Lemon (RockPoint Law P.C.), 10880 Wilshire Boulevard, Suite 1290, Los Angeles, CA 90024. State Bar number to be added upon receipt. This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship between you and Easy Lemon or RockPoint Law P.C. Florida lemon law cases turn on specific facts and on the version of the statute in effect at the time of your purchase. For advice on your specific situation, contact Easy Lemon for a free consultation. Past results discussed do not guarantee a similar outcome. Every case is different.

About The Author

Liam Jones

Liam is a dedicated attorney specializing in lemon law and civil litigation. He is passionate about protecting individual consumers’ rights and prosecuting cases involving defects, breach of warranty, and consumer fraud. He focuses on representing consumers in Song-Beverly, Magnuson-Moss, and fraud actions against automobile manufacturers.

With a deep background in state and federal lemon law statutes, he has obtained many favorable outcomes on behalf of his clients and meticulously works to foster healthy, trusting, and professional attorney-client relationships with each of them.

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