How to File a Lemon Law Claim in Florida: Arbitration and Refund

To file a Lemon Law claim in Florida, you report the defect to the manufacturer or an authorized dealer within 24 months of delivery, give the manufacturer a documented final chance to repair it after sending written notice by registered or express mail, then mail a Request for Arbitration to the Florida Attorney General’s office within 60 days after that 24-month rights period ends. There is no filing fee, and you do not need a lawyer. What costs most consumers their claim is not the paperwork but the notice and deadline rules around it.

Make Sure Your Vehicle Qualifies

Florida’s Lemon Law (Chapter 681) covers new and demonstrator vehicles sold or leased in Florida and used mainly for personal, family, or household purposes. Leased vehicles count when the manufacturer issued a warranty as a condition of the lease or the lessee is responsible for repairs. If the car was transferred to you during the rights period, you inherit the original owner’s protections for defects first reported inside the coverage window.¹

Several categories are excluded outright:

Trucks over 10,000 pounds gross vehicle weight
Off-road vehicles, motorcycles, mopeds, and electric bicycles
Vehicles purchased for resale
The living quarters of recreational vehicles (the drivetrain and automotive systems of an RV are covered; flooring, plumbing, roof air conditioner, generator, and other residential components are not)

If your vehicle falls in one of these buckets, the Lemon Law does not apply, though you may still have general warranty rights under Florida consumer protection law.²

Confirm the Defect Is a “Nonconformity”

The law covers defects that substantially impair the vehicle’s use, value, or safety. Recurring transmission failures, intermittent brake pressure loss, or a persistent fault that puts the car into limp mode are the kinds of problems that qualify. A squeaky seat or a cosmetic blemish generally does not.³

The problem also has to be one the manufacturer’s warranty would cover. Damage from an accident, abuse, neglect, or unauthorized modifications falls outside the law.

Timing matters here too: the defect must be first reported to the manufacturer or an authorized dealer within 24 months of the vehicle’s original delivery. Repairs that happen after month 24 are still the manufacturer’s responsibility as long as the problem was reported inside that window.⁴

Hit the Repair Threshold and Send Written Notice

You cannot go straight to arbitration. Florida requires that the manufacturer get a reasonable number of chances to fix the vehicle, and the statute defines “reasonable” in two different ways. One or the other has to be satisfied, and each one has its own written notice requirement sent by registered or express mail directly to the manufacturer, not the dealer.

Three Attempts at the Same Defect

If the same defect has been repaired or attempted at least three times, you send written notice to the manufacturer giving it one final repair opportunity. The manufacturer then has 10 days to respond and direct you to a reasonably accessible repair facility, and once you deliver the car, another 10 days to complete the repair. If the manufacturer ignores the notice or misses those windows, the final-attempt requirement is waived and you can go directly to arbitration.⁵

Days Out of Service

If the vehicle has been out of service for repairs on any combination of covered defects for 15 or more cumulative days, you must send written notice to the manufacturer by registered or express mail giving it a chance to inspect or repair. The statutory presumption that a reasonable number of attempts have been made applies once the out-of-service total hits 30 cumulative days, and the manufacturer must have had at least one chance to inspect or repair after your 15-day notice before that presumption kicks in. Routine maintenance time listed in the owner’s manual does not count toward the total.⁵

The Attorney General’s office publishes a “Motor Vehicle Defect Notification” form for both notices, though it is not the only acceptable format.³ Whatever you send, keep the registered-mail or express-mail receipt. That receipt is proof the notice happened.

Gather Your Documents

Before you file, pull together everything that establishes the vehicle’s history and your repair timeline:

Your purchase or lease agreement, showing sale price, trade-in credit, and financing terms
Vehicle title and registration
Every repair order from each visit for the defect, with drop-off and pick-up dates (these dates build your out-of-service total)
Copies of the written notices you sent the manufacturer, plus delivery confirmation receipts
Correspondence from the manufacturer responding to your notices or directing you to a repair facility

Make copies of everything. The Attorney General’s office does not return originals.

File the Request for Arbitration

Complete the Request for Arbitration form and mail it with copies of your supporting documents to:

Office of the Attorney General
Lemon Law Arbitration Screening, PL-01
The Capitol
Tallahassee, FL 32399-1050⁶

You can download the form from the Attorney General’s website or request a printed copy by calling 1-800-321-5366 (850-414-3500 from outside Florida).⁷ There is no filing fee.

The deadline is strict. The Attorney General’s office must receive your form no later than 60 days after the Lemon Law rights period expires. If you first went through a manufacturer-sponsored arbitration program such as BBB AUTO LINE, you get 60 days after the rights period or 30 days after the final action of that program, whichever is later.⁸ Miss it and you lose access to the state board, though a lawsuit may still be available.

Once your form is date-stamped, the Attorney General’s office has 20 days to screen it for eligibility. Potentially eligible cases get forwarded to the Florida New Motor Vehicle Arbitration Board. If your claim is rejected for insufficient evidence, you can submit more information for a second review.⁸

The Arbitration Hearing

The board holds hearings at locations around the state so you can attend reasonably near home. Once your request is approved, the board must hear the dispute within 40 days and issue a decision within 60 days.⁹

At the hearing, you and the manufacturer’s representative each present. Bring your documents, photos, and any witnesses who can speak to the defect or the time the car spent in the shop. You can represent yourself or hire an attorney. The written decision includes findings of fact and the reasoning behind them. If you win, the manufacturer has 40 days to comply.⁹

What a Win Pays

If the board rules for you, the manufacturer must either repurchase the vehicle or provide a replacement. The choice is part of the arbitration outcome, not the manufacturer’s call.

Refund

A refund covers the full purchase price plus reasonably incurred collateral and incidental charges. Collateral charges include items like sales tax, title fees, earned finance charges, and manufacturer- or dealer-installed accessories. Incidental charges are out-of-pocket costs caused by the defect, such as towing or rental cars.¹⁰

You will not get every dollar back. Florida deducts a mileage offset for use:

(Base sale price × miles driven) ÷ 120,000¹¹

The base sale price excludes taxes, government fees, and dealer fees. Mileage at delivery and any non-consumer miles (such as dealer test drives) are subtracted before the calculation. For recreational vehicles, the divisor is 60,000 instead of 120,000. A $35,000 car with 10,000 miles on it at the hearing produces an offset of roughly $2,917, reducing the refund to about $32,083 before collateral and incidental charges are added back.¹

Replacement

A replacement must be identical or reasonably equivalent to the vehicle being replaced. “Reasonably equivalent” means the replacement’s MSRP cannot exceed 105% of the original’s MSRP. You pay a mileage offset using the same formula, and the manufacturer covers collateral and incidental charges on the new vehicle.¹⁰

If You Lose or the Manufacturer Won’t Comply

Either party can appeal the board’s decision by filing a petition in circuit court within 30 days of receiving the written decision. The appeal is heard as a trial de novo, so the court looks at the case fresh rather than reviewing the board’s work for error.¹²

Arbitration is not your only option. If the AG’s office rejects your claim during screening, or if you are unhappy with the outcome, you can file a civil lawsuit under Chapter 681. A court can award your actual damages, litigation costs, reasonable attorney’s fees, and equitable relief. The lawsuit must be filed within one year after the Lemon Law rights period expires, or within one year after the final action of the arbitration board or a certified manufacturer program, whichever applies.¹⁰

1
The Florida Legislature. Florida Code 681.102 – Definitions
2
Office of the Attorney General of Florida. Is My Vehicle Covered?
3
Office of the Attorney General of Florida. How the Florida Lemon Law Works
4
The Florida Legislature. Florida Code 681.103 – Duty of Manufacturer to Conform a Motor Vehicle to the Warranty
5
The Florida Legislature. Florida Code 681.104 – Nonconformity of Motor Vehicles
6
Office of the Attorney General of Florida. How to Submit the Request for Arbitration Form
7
Office of the Attorney General of Florida. Lemon Law Request for Arbitration Forms
8
The Florida Legislature. Florida Code 681.109 – Florida New Motor Vehicle Arbitration Board; Dispute Eligibility
9
Florida Senate. Florida Code 681.1095 – Florida New Motor Vehicle Arbitration Board; Creation and Function
10
Florida Senate. Florida Code Chapter 681 – Motor Vehicle Sales Warranties
11
Office of the Attorney General of Florida. Lemon Law Remedy Calculation Guideline
12
Office of the Attorney General of Florida. Hearings Before the Florida New Motor Vehicle Arbitration Board