Consumer Rights in Florida

Florida requires consumers to go through the state's mandatory arbitration program (administered by the Florida Department of Agriculture and Consumer Services) before filing a lemon law lawsuit. The arbitration is free to consumers. If you lose at arbitration, you can still appeal to a circuit court. If you win but the manufacturer does not comply, you can enforce the arbitration award.

Before suing an insurer for bad faith under Fla. Stat. Section 624.155, you must file a Civil Remedy Notice (CRN) with the Florida Department of Financial Services. This gives the insurer 60 days to cure the violation by paying the claim. If the insurer does not cure, you may then file a bad faith lawsuit seeking damages beyond the policy limits.

Florida's lemon law covers new motor vehicles (including motorcycles and demonstrator vehicles) sold or leased with a warranty, within the first 24 months after original delivery to the consumer. Some commercial vehicles and certain trucks are excluded. Consulting the FDACS or a lemon law attorney helps determine if your vehicle qualifies.

Florida's FDUTPA has a four-year statute of limitations. This applies to deceptive trade practices claims against businesses, product misrepresentation, and similar consumer fraud. Lemon law claims are subject to the 24-month coverage window rather than a separate SOL. Acting promptly after discovering any consumer fraud is advisable.

If you receive an unfavorable decision at Florida's state-run lemon law arbitration, you are not permanently bound by it. You may appeal the decision by filing a lawsuit in circuit court within 60 days of the arbitration decision. The circuit court conducts a trial de novo — meaning the case is tried fresh and the arbitration decision does not bind the court. If the manufacturer loses at arbitration and does not comply with the order within 40 days, you may enforce the arbitration award in court. Consulting a lemon law attorney before the arbitration hearing is advisable to maximize your chances at both the arbitration and any subsequent appeal.

Yes. Florida's lemon law applies to leased vehicles as well as purchased ones, provided the vehicle is a new or demonstrator motor vehicle covered by a manufacturer's warranty. For leased vehicles, the lemon law remedy may include a refund of all lease payments made plus any deposit, or a comparable replacement vehicle. The lessee (person leasing the vehicle) has the same rights as a purchaser under the statute. The 24-month coverage period and the same repair-attempt thresholds apply to leased vehicles.