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Florida Lemon Law
Florida Statutes Annotated,
Chapter 681
681.10 Short title.
This chapter shall be known and may be
cited as the "Motor Vehicle Warranty Enforcement Act."
681.101 Legislative intent.
The Legislature recognizes that a motor
vehicle is a major consumer purchase and that a defective motor
vehicle undoubtedly creates a hardship for the consumer. The
Legislature further recognizes that a duly franchised motor
vehicle dealer is an authorized service agent of the manufacturer.
It is the intent of the Legislature that a good faith motor
vehicle warranty complaint by a consumer be resolved by the
manufacturer within a specified period of time; however, it is
not the intent of the Legislature that a consumer establish the
presumption of a reasonable number of attempts as to each
manufacturer that provides a warranty directly to the consumer.
It is further the intent of the Legislature to provide the
statutory procedures whereby a consumer may receive a replacement
motor vehicle, or a full refund, for a motor vehicle which cannot
be brought into conformity with the warranty provided for in this
chapter. However, nothing in this chapter shall in any way limit
or expand the rights or remedies which are otherwise available to
a consumer under any other law.
681.102 Definitions.
As used in this chapter, the term:
(1)
"Authorized service agent" means any person, including
a franchised motor vehicle dealer, who is authorized by the
manufacturer to service motor vehicles. In the case of a
recreational
vehicle when there are two or more manufacturers, an authorized
service agent for any individual manufacturer is any person,
including a franchised motor vehicle dealer, who is authorized to
service the items warranted by that manufacturer. The term does
not include a rental car company authorized to repair rental
vehicles.
(2)
"Board" means the Florida New Motor Vehicle Arbitration
Board.
(3)
"Collateral charges" means those additional charges to
a consumer wholly incurred as a result of the acquisition of the
motor vehicle. For the purposes of this chapter, collateral
charges
include, but are not limited to, manufacturer-installed or agent-installed
items or service charges, earned finance charges, sales taxes,
and title charges.
(4)
"Consumer" means the purchaser, other than for purposes
of resale, or the lessee, of a motor vehicle primarily used for
personal, family, or household purposes; any person to whom such
motor vehicle is transferred for the same purposes during the
duration of the Lemon Law rights period; and any other person
entitled by the terms of the warranty to enforce the obligations
of the warranty.
(5)
"Days" means calendar days.
(6)
"Department" means the Department of Legal Affairs.
(7)
"Division" means the Division of Consumer Services of
the Department of Agriculture and Consumer Services.
(8)
"Incidental charges" means those reasonable costs to
the consumer which are directly caused by the nonconformity of
the motor vehicle.
(9)
"Lease price" means the aggregate of the capitalized
cost, as defined in s. 521.003(2), and each of the following
items to the extent not included in the capitalized cost:
(a) Lessor's earned rent charges
through the date of repurchase.
(b) Collateral charges, if
applicable.
(c) Any fee paid to another to
obtain the lease.
(d) Any insurance or other costs
expended by the lessor for the benefit of the lessee.
(e) An amount equal to state and
local sales taxes, not otherwise included as collateral charges,
paid by the lessor when the vehicle was initially purchased.
(10)
"Lemon Law rights period" means the period ending 24
months after the date of the original delivery of a motor vehicle
to a consumer.
(11)
"Lessee" means any consumer who leases a motor vehicle
for 1 year or more pursuant to a written lease agreement which
provides that the lessee is responsible for repairs to such motor
vehicle or any consumer who leases a motor vehicle pursuant to a
lease-purchase agreement.
(12)
"Lessee cost" means the aggregate deposit and rental
payments previously paid to the lessor for the leased vehicle but
excludes debt from any other transaction.
(13)
"Lessor" means a person who holds title to a motor
vehicle that is leased to a lessee under a written lease
agreement or who holds the lessor's rights under such agreement.
(14)
"Manufacturer" means any person, whether a resident or
nonresident of this state, who manufactures or assembles motor
vehicles, or who manufactures or assembles chassis for
recreational vehicles, or who manufactures or installs on
previously assembled truck or recreational vehicle chassis
special bodies or equipment which, when installed, forms an
integral part of the motor vehicle, a distributor as defined in s.
320.60(5), or an importer as defined in s. 320.60(7). A dealer as
defined in s. 320.60(11)(a) shall not be deemed to be a
manufacturer,
distributor, or importer as provided in this section.
(15)
"Motor vehicle" means a new vehicle, propelled by power
other than muscular power, which is sold in this state to
transport persons or property, and includes a recreational
vehicle or a vehicle used as a demonstrator or leased vehicle if
a manufacturer's warranty was issued as a condition of sale, or
the lessee is responsible for repairs, but does not include
vehicles run only upon tracks, off-road vehicles, trucks over 10,000
pounds gross vehicle weight, motorcycles, mopeds, or the living
facilities of recreational vehicles. "Living facilities of
recreational vehicles" are those portions designed, used, or
maintained primarily as living quarters and include, but are not
limited to, the flooring, plumbing system and fixtures, roof air
conditioner, furnace,
generator, electrical systems other than automotive circuits, the
side entrance door, exterior compartments, and windows other than
the windshield and driver and front passenger windows.
(16)
"Nonconformity" means a defect or condition that
substantially impairs the use, value, or safety of a motor
vehicle, but does not include a defect or condition that results
from an accident, abuse, neglect, modification, or alteration of
the motor vehicle by persons other than the manufacturer or its
authorized service agent.
(17)
"Procedure" means an informal dispute-settlement
procedure established by a manufacturer to mediate and arbitrate
motor vehicle warranty disputes.
(18)
"Program" means the mediation and arbitration pilot
program for recreational vehicles established in this chapter.
(19)
"Purchase price" means the cash price as defined in s.
520.31(1), inclusive of any allowance for a trade-in vehicle, but
excludes debt from any other transaction. "Any allowance for
a trade-in vehicle" means the net trade-in allowance as
reflected in the purchase contract or lease agreement if
acceptable to the consumer and manufacturer. If such amount is
not acceptable to the consumer and manufacturer, then the trade-in
allowance shall be an amount equal to
100 percent of the retail price of the trade-in vehicle as
reflected in the NADA Official Used Car Guide (Southeastern
Edition) or NADA Recreation Vehicle Appraisal Guide, whichever is
applicable, in effect at the time of the trade-in. The
manufacturer shall be responsible for providing the applicable
NADA book.
(20)
"Reasonable offset for use" means the number of miles
attributable to a consumer up to the date of a settlement
agreement or arbitration hearing, whichever occurs first,
multiplied by the purchase price of the vehicle and divided by
120,000, except in the case of a recreational
vehicle, in which event it shall be divided by 60,000.
(21)
"Recreational vehicle" means a motor vehicle primarily
designed to provide temporary living quarters for recreational,
camping, or travel use, but does not include a van conversion.
(22)
"Replacement motor vehicle" means a motor vehicle which
is identical or reasonably equivalent to the motor vehicle to be
replaced, as the motor vehicle to be replaced existed at the time
of acquisition. "Reasonably equivalent to the motor vehicle
to be replaced" means the manufacturer's suggested retail
price of the replacement vehicle shall not exceed 105 percent of
the manufacturer's suggested retail price of the motor vehicle to
be replaced. In the case of a recreational vehicle, "reasonably
equivalent to the motor vehicle to be replaced" means the
retail price of the replacement vehicle shall not exceed 105
percent of the purchase price of the recreational vehicle to be
replaced.
(23)
"Warranty" means any written warranty issued by the
manufacturer, or any affirmation of fact or promise made by the
manufacturer, excluding statements made by the dealer, in
connection with the sale of a motor vehicle to a consumer which
relates to the nature of the material or workmanship and affirms
or promises that such material or workmanship is free of defects
or will meet a specified level of performance.
681.103 Duty of manufacturer to conform
a motor vehicle to the warranty.
(1)
If a motor vehicle does not conform to the warranty and the
consumer first reports the problem to the manufacturer or its
authorized service agent during the Lemon Law rights period, the
manufacturer or its authorized service agent shall make such
repairs as are necessary to conform the vehicle to the warranty,
irrespective of whether such repairs are made after the
expiration of the Lemon Law rights period. Such repairs shall be
at no cost to the consumer if made during the term of the
manufacturer's written express warranty. Nothing in this
paragraph shall be construed to grant an extension of the Lemon
Law rights period or to expand the time within which a consumer
must file a claim under this chapter.
(2)
Each manufacturer shall provide to its consumers conspicuous
notice of the address and phone number for its zone, district, or
regional office for this state in the written warranty or owner's
manual. By January 1 of each year, each manufacturer shall
forward to the Department of Legal Affairs a copy of the owner's
manual and any written warranty for each make and model of motor
vehicle that it sells in this state.
(3)
At the time of acquisition, the manufacturer shall inform the
consumer clearly and conspicuously in writing how and where to
file a claim with a certified procedure if such procedure has
been established by the manufacturer pursuant to s. 681.108. The
manufacturer
shall provide to the dealer and, at the time of acquisition, the
dealer shall provide to the consumer a written statement that
explains the consumer's rights under this chapter. The written
statement shall be prepared by the Department of Legal Affairs
and shall contain a toll-free number for the division that the
consumer can contact to obtain information regarding
the consumer's rights and obligations under this chapter or to
commence arbitration. If the manufacturer obtains a signed
receipt for timely delivery of sufficient quantities of this
written statement to meet the dealer's vehicle sales requirements,
it shall constitute prima facie evidence of compliance with this
subsection by the manufacturer. The consumer's signed
acknowledgment of receipt of materials required under this
subsection shall constitute prima facie evidence of compliance by
the manufacturer and dealer. The form of the acknowledgments
shall be approved by the Department of Legal Affairs, and the
dealer shall maintain the consumer's signed acknowledgment for 3
years.
(4)
A manufacturer, through its authorized service agent, shall
provide to the consumer, each time the consumer's motor vehicle
is returned after being examined or repaired under the warranty,
a fully itemized, legible statement or repair order indicating
any test drive performed and the approximate length of the test
drive, any diagnosis made, and all work performed on the motor
vehicle including, but not limited to, a general description of
the problem reported by the consumer or an identification of the
defect or condition, parts and labor, the date and the odometer
reading when the motor vehicle was submitted for examination or
repair, and the date when the repair or examination was completed.
681.104 Nonconformity of motor vehicles.
(1)(a) After three attempts have
been made to repair the same nonconformity, the consumer shall
give written notification, by registered or express mail to the
manufacturer, of the
need to repair the nonconformity to allow the manufacturer a
final attempt to cure the nonconformity. The manufacturer shall
have 10 days, commencing upon receipt of such notification, to
respond and give the consumer the opportunity to have the motor
vehicle repaired at a reasonably accessible repair facility
within a reasonable time after the consumer's receipt
of the response. The manufacturer shall have 10 days, except in
the case of a recreational vehicle, in which event the
manufacturer shall have 45 days, commencing upon the delivery of
the motor vehicle to the designated repair facility by the
consumer, to conform the motor vehicle to the warranty. If the
manufacturer fails to respond to the consumer and give the
consumer
the opportunity to have the motor vehicle repaired at a
reasonably accessible repair facility or perform the repairs
within the time periods prescribed in this subsection, the
requirement that the manufacturer be given a final attempt to
cure the nonconformity does not apply.
(b) If the motor vehicle is out of
service by reason of repair of one or more nonconformities by the
manufacturer or its authorized service agent for a cumulative
total of 15 or more days, exclusive of downtime for routine
maintenance prescribed by the owner's manual, the consumer shall
so notify the manufacturer in writing by registered or express
mail to give the manufacturer or its authorized service agent an
opportunity to inspect or repair the vehicle.
(2)(a) If the manufacturer, or its
authorized service agent, cannot conform the motor vehicle to the
warranty by repairing or correcting any nonconformity after a
reasonable number of attempts, the manufacturer, within 40 days,
shall repurchase the motor vehicle and refund the full purchase
price to the consumer, less a reasonable offset for use, or, in
consideration of its receipt of payment from the consumer of a
reasonable offset for use, replace the
motor vehicle with a replacement motor vehicle acceptable to the
consumer. The refund or replacement must include all reasonably
incurred collateral and incidental charges. However, the consumer
has an unconditional right to choose a refund rather than a
replacement motor vehicle. Upon receipt of such refund or
replacement, the consumer, lien holder, or lessor shall
furnish to the manufacturer clear title to and possession of the
motor vehicle.
(b) Refunds shall be made to the
consumer and lien holder of record, if any, as their interests
may appear. If applicable, refunds shall be made to the lessor
and lessee as follows: The lessee shall receive the lessee cost
and the lessor shall receive the lease price less the lessee cost.
A penalty for early lease termination may not be assessed against
a lessee who receives a replacement motor vehicle or refund under
this chapter. The Department of Revenue
shall refund to the manufacturer any sales tax which the
manufacturer refunded to the consumer, lien holder, or lessor
under this section, if the manufacturer provides to the
department a written request for a refund and evidence that the
sales tax was paid when the vehicle was purchased
and that the manufacturer refunded the sales tax to the consumer,
lien holder, or lessor.
(3) It is presumed that a reasonable
number of attempts have been undertaken to conform a motor
vehicle to the warranty if, during the Lemon Law rights period,
either:
(a) The same nonconformity has been
subject to repair at least three times by the manufacturer or its
authorized service agent, plus a final attempt by the
manufacturer to repair the motor vehicle if undertaken as
provided for in paragraph (1)(a), and such nonconformity
continues to exist; or
(b) The motor vehicle has been out
of service by reason of repair of one or more nonconformities by
the manufacturer, or its authorized service agent, for a
cumulative total
of 30 or more days, 60 or more days in the case of a recreational
vehicle, exclusive of downtime for routine maintenance prescribed
by the owner's manual. The manufacturer or its authorized service
agent must have had at least one opportunity to inspect or repair
the vehicle following receipt of the notification as provided in
paragraph (1)(b). The 30-day period, or 60-day period in the case
of a recreational vehicle, may be extended by any period of time
during which repair services are not available to the consumer
because of war, invasion, strike, fire, flood, or natural
disaster.
(4)
It is an affirmative defense to any claim under this chapter that:
(a) The alleged nonconformity does
not substantially impair the use, value, or safety of the motor
vehicle;
(b) The nonconformity is the result
of an accident, abuse, neglect, or unauthorized modifications or
alterations of the motor vehicle by persons other than the
manufacturer or its authorized service agent; or
(c) The claim by the consumer was
not filed in good faith.
Any other affirmative defense allowed by law may be raised
against the claim.
681.106 Bad faith claims.
Any claim by a consumer which is found by
the court to have been filed in bad faith or solely for the
purpose of harassment, or in complete absence of a justiciable
issue of either law or fact raised by the consumer, shall result
in the consumer being liable for all costs and reasonable
attorney's fees incurred by the manufacturer, or its agent, as a
direct result of the bad faith claim.
681.108 Dispute-settlement procedures.
(1)
If a manufacturer has established a procedure, which the division
has certified as substantially complying with the provisions of
16 C.F.R. part 703, in effect October 1, 1983, 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 decision
makers 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; the provisions of this chapter; and any other
equitable considerations appropriate under the circumstances.
Decision makers and staff of a procedure shall be trained
in the provisions of this chapter and in 16 C.F.R. part 703, in
effect October 1, 1983. 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
division for certification of its procedure. After receipt and
evaluation of the application, the division shall certify the
procedure or notify the manufacturer of any deficiencies in the
application or the procedure.
(3)
A certified procedure or a procedure of an applicant seeking
certification shall submit to the division a copy of each
settlement approved by the procedure or decision made by a
decision maker within 30 days after the settlement is reached or
the decision is rendered. The decision or settlement must contain
at a minimum the:
1. Name and address of the consumer;
2. Name of the manufacturer and address of the dealership from
which the motor vehicle was purchased;
3. Date the claim was received and the location of the procedure
office that handled the claim;
4.Relief requested by the consumer;
5. Name of each decision maker rendering the decision or person
approving the settlement; 6.Statement of the terms of the
settlement or decision;
7. Date of the settlement or decision; and
8.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 division a copy of the
annual audit required under the provisions of 16 C.F.R. part 703,
in effect October 1, 1983, 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 division shall review each
certified procedure at least annually, prepare an annual report
evaluating the operation of certified procedures established by
motor vehicle manufacturers and procedures of applicants seeking
certification, and, for a period not to exceed 1 year, shall
grant certification to, or renew certification for, those
manufacturers whose procedures substantially comply with the
provisions of 16 C.F.R. part 703, in effect October 1, 1983, and
with the provisions of this chapter and rules adopted under this
chapter. If certification is revoked or denied, the division
shall state the reasons for such action. The reports and records
of actions taken with respect to certification shall be public
records.
(6) A manufacturer whose
certification is denied or revoked is entitled to a hearing
pursuant to chapter 120.
(7) If federal preemption of state
authority to regulate procedures occurs, the provisions of
subsection (1) concerning prior resort do not apply.
(8) The division shall adopt rules
to implement this section.
681.109 Florida New Motor Vehicle
Arbitration Board; dispute eligibility.--
(1) If a manufacturer has a certified
procedure, a consumer claim arising during the Lemon Law rights
period must be filed with the certified procedure no later than
60 days after the expiration of the Lemon Law rights period. If a
decision is not rendered by the certified procedure within 40
days of filing, the consumer may apply to the division to have
the dispute removed to the board for arbitration.
(2) If a manufacturer has a certified
procedure, a consumer claim arising during the Lemon Law rights
period must be filed with the certified procedure no later than
60 days after the expiration of the Lemon Law rights period. If a
consumer is not satisfied with the decision or the manufacturer's
compliance therewith, the consumer may apply to the division to
have the dispute submitted to the board for arbitration. A
manufacturer may not seek review of a decision made under its
procedure.
(3) If a manufacturer has no certified
procedure or if a certified procedure does not have jurisdiction
to resolve the dispute, a consumer may apply directly to the
division to have the dispute submitted to the board for
arbitration.
(4) A consumer must request arbitration
before the board with respect to a claim arising during the Lemon
Law rights period no later than 60 days after the expiration of
the Lemon Law rights period, or within 30 days after the final
action of a certified procedure, whichever date occurs later.
(5) The division shall screen all requests
for arbitration before the board to determine eligibility. The
consumer's request for arbitration before the board shall be made
on a form prescribed by the department. The division shall
forward to the board all disputes that the division determines
are potentially entitled to relief under this chapter.
(6) The division may reject a dispute that
it determines to be fraudulent or outside the scope of the board's
authority. Any dispute deemed by the division to be ineligible
for arbitration by the board due to insufficient evidence may be
reconsidered upon the submission of new information regarding the
dispute. Following a second review, the division may reject a
dispute if the evidence is clearly insufficient to qualify for
relief. Any dispute rejected by the division shall be forwarded
to the department and a copy shall be sent by registered mail to
the consumer and the manufacturer, containing a brief explanation
as to the reason for rejection.
(7) If the division rejects a dispute, the
consumer may file a lawsuit to enforce the remedies provided
under this chapter. In any civil action arising under this
chapter and relating to a matter considered by the division, any
determination made to reject a dispute is admissible in evidence.
(8) The department shall have the authority
to adopt reasonable rules to carry out the provisions of this
section.
681.1095 Florida New Motor Vehicle
Arbitration Board; creation and function.--
(1) There is established within the
Department of Legal Affairs, 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 which occurs while acting in the member's official
capacity. The Department of Legal Affairs 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 boards shall hear cases in various
locations throughout the state so any consumer whose dispute is
approved for arbitration by the division 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 board by the Department of
Legal Affairs. At least one member of each board must be a person
with expertise in motor vehicle mechanics. A member must 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, shall be
reimbursed for travel expenses pursuant to s. 112.061, and shall
be compensated at a rate or wage prescribed by the Attorney
General.
(4) Before filing a civil action on a
matter subject to s. 681.104, the consumer must first submit the
dispute to the division, 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 division 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 of Legal Affairs, 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 registered mail 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) All provisions in this section and s.
681.109 pertaining to compulsory arbitration before the board,
the dispute eligibility screening by the division, the
proceedings and decisions of the board, and any appeals thereof,
are exempt from the provisions of 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 30 days of final
disposition of the appeal, the appealing party shall furnish the
department with notice of such disposition and, upon request,
shall furnish the department with a copy of 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;
(c) Replacement motor vehicles obtained in prehearing settlements;
(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.
681.110 Compliance and disciplinary
actions.--The Department of Legal Affairs may enforce and
ensure compliance with the provisions of this chapter and rules
adopted thereunder, may issue subpoenas requiring the attendance
of witnesses and production of evidence, and may seek relief in
the circuit court to compel compliance with such subpoenas. The
Department of Legal Affairs may impose a civil penalty against a
manufacturer not to exceed $1,000 for each count or separate
offense. The proceeds from the fine imposed herein shall be
placed in the Motor Vehicle Warranty Trust Fund in the Department
of Legal Affairs for implementation and enforcement of this
chapter.
681.111 Unfair or deceptive trade
practice.--A violation by a manufacturer of this chapter is
an unfair or deceptive trade practice as defined in part ll of
chapter 501.
681.112 Consumer remedies.--
A consumer may file an action to recover
damages caused by a violation of this chapter. The court shall
award a consumer who prevails in such action the amount of any
pecuniary loss, litigation costs, reasonable attorney's fees, and
appropriate equitable relief.
(2) An action brought under this chapter
must be commenced within 1 year after the expiration of the Lemon
Law rights period, or, if a consumer resorts to an informal
dispute-settlement procedure or submits a dispute to the division
or board, within 1 year after the final action of the procedure,
division, or board.
(3) This chapter does not prohibit a
consumer from pursuing other rights or remedies under any other
law.
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