The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 681
MOTOR VEHICLE SALES WARRANTIES

View Entire Chapter

F.S. 681.102

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) “Incidental charges” means those reasonable costs to the consumer which are directly caused by the nonconformity of the motor vehicle.

(8) “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.

(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.

(9) “Lemon Law rights period” means the period ending 24 months after the date of the original delivery of a motor vehicle to a consumer.

(10) “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.

(11) “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.

(12) “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.

(13) “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, or a distributor or an importer as those terms are defined in s. 320.60. A dealer as defined in s. 320.60 may not be deemed to be a manufacturer, a distributor, or an importer as provided in this section.

(14) “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, electric bicycles, 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.

(15) “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.

(16) “Procedure” means an informal dispute-settlement procedure established by a manufacturer to mediate and arbitrate motor vehicle warranty disputes.

(17) “Program” means the mediation and arbitration pilot program for recreational vehicles established in this chapter.

(18) “Purchase price” means the cash price as defined in s. 520.31(2), 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.

(19) “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 base selling or sale price of the vehicle as reflected on the purchase invoice, exclusive of taxes, government fees, and dealer fees, or in the case of a lease, the agreed upon value as reflected in the lease agreement and divided by 120,000, except in the case of a recreational vehicle, in which event it shall be divided by 60,000.

(20) “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.

(21) “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.

(22) “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.

History.—s. 3, ch. 83-69; s. 2, ch. 84-55; s. 2, ch. 85-240; s. 1, ch. 86-229; ss. 2, 19, ch. 88-95; s. 4, ch. 91-429; s. 2, ch. 92-88; s. 2, ch. 97-245; s. 2, ch. 98-128; s. 21, ch. 99-164; s. 17, ch. 2011-56; s. 27, ch. 2011-205; s. 5, ch. 2013-207; s. 15, ch. 2020-69; s. 7, ch. 2023-233.

F.S. 681.102 on Google Scholar

F.S. 681.102 on Casetext

Amendments to 681.102

Arrestable Offenses / Crimes under Fla. Stat. 681.102

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 681.102.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MEDINA, v. FORD MOTOR COMPANY,, 40 So. 3d 891 (Fla. Dist. Ct. App. 2010)

. . . .” § 681.102(16), Fla. Stat. (2009). . . .

AMERICAN HONDA MOTOR COMPANY, INC. v. CERASANI,, 955 So. 2d 543 (Fla. 2007)

. . . Section 681.102(4) includes lessees within its definition of “consumer,” and section 681.104(2)(b) provides . . . that such material or workmanship is free of defects or will meet a specified level of performance. § 681.102 . . . See § 681.102(4), (9), (11)-(13), Fla. . . .

YVON, v. BAJA MARINE CORPORATION,, 495 F. Supp. 2d 1179 (N.D. Fla. 2007)

. . . . § 681.102(15), Fla. Stat. (2006). . . . purchased from Defendants should be included in the definition of motor vehicles pursuant to Fla.Stat. § 681.102 . . . Stat. § 681.102(14), which indicates that the Legislature intended to exclude watercraft in its definition . . . Stat. § 681.102(14) to exclude the phrase “and is properly operated over the public streets and highways . . . Recreation Vehicle Appraisal Guide, whichever is applicable, in effect at the time of the trade-in.” § 681.102 . . .

GELINAS, v. FOREST RIVER, INC., 931 So. 2d 970 (Fla. Dist. Ct. App. 2006)

. . . not substantially impair the use, value, or safety of a motor vehicle within the meaning of section 681.102 . . . See § 681.102(3), (8), Fla. Stat. (defining collateral and incidental charges). . . .

ALLISON TRANSMISSION, INC. v. J. R. SAILING, INC., 926 So. 2d 404 (Fla. Dist. Ct. App. 2006)

. . . principal issue at arbitration was whether the vehicle had a “nonconformity” as defined in section 681.102 . . . While the first sentence of the instruction is simply a repetition of the statutory language of section 681.102 . . .

BURNS, v. DAIMLERCHRYSLER CORPORATION,, 914 So. 2d 451 (Fla. Dist. Ct. App. 2005)

. . . on Burns’s Lemon Law claim, and determined that the Jeep was a “Lemon” within the meaning of section 681.102 . . .

H. LAND, v. GENERAL MOTORS CORPORATION,, 906 So. 2d 1154 (Fla. Dist. Ct. App. 2005)

. . . not substantially impair the use, value or safety of a motor vehicle within the meaning of section 681.102 . . . intended for damages to be paid where minor or insignificant defects do not rise to the level of section 681.102 . . .

COBERLEY, v. THOR INDUSTRIES, INC., 908 So. 2d 486 (Fla. Dist. Ct. App. 2005)

. . . See § 681.102(15), Fla. Stat. (2002). . . . alleged “defects” in the RV are not within the definition of “motor vehicle” as defined in F.S. chapter 681.102 . . . specifically excludes defects in the “living facilities of recreational vehicles”, (as defined by F.S. 681.102 . . .

TUCKISH v. POMPANO MOTOR COMPANY, a, 337 F. Supp. 2d 1313 (S.D. Fla. 2004)

. . . the Board determined that the vehicle was not a “new vehicle” within the meaning of Florida Statute § 681.102 . . .

WILLIAMS, v. POTAMKIN MOTOR CARS, INC. GMC LLC d b a JM d b a v., 835 So. 2d 310 (Fla. Dist. Ct. App. 2002)

. . . within 1 year after the expiration of the Lemon Law rights period .... ”), which incorporates section 681.102 . . . Machado Ford, Inc., 550 So.2d 1135, 1138, n. 3 (Fla. 3d DCA 1989), and section 681.102(4) provides that . . .

KING, v. KING MOTOR COMPANY OF FORT LAUDERDALE, a a a, 780 So. 2d 937 (Fla. Dist. Ct. App. 2001)

. . . See § 681.102(15), Fla.Stat. (2000). . . . not substantially impair the use, value, or safety of a motor vehicle within the meaning of section 681.102 . . . alteration of the motor vehicle by persons other than the manufacturer or its authorized service agent. § 681.102 . . .

HOLZHAUER- MOSHER, v. FORD MOTOR COMPANY,, 772 So. 2d 7 (Fla. Dist. Ct. App. 2000)

. . . On October 1, 1997, the definition of “purchase price,” contained in section 681.102, was amended to . . . The manufacturer shall be responsible for providing the applicable NADA book. § 681.102(19), Fla. . . . purchase contract for the Mustang was not acceptable to Ford, it exercised its right under section 681.102 . . . She contends that if section 681.102(19) is interpreted to mean that the manufacturer may reject the . . . Accordingly, we hold that section 681.102(19), Florida Statutes (1997), is constitutional. . . .

FORD MOTOR COMPANY, v. STARLING,, 721 So. 2d 335 (Fla. Dist. Ct. App. 1998)

. . . .” § 681.102(15), Fla. Stat. (1993). . . .

CHRYSLER CORPORATION, v. PITSIRELOS,, 721 So. 2d 710 (Fla. 1998)

. . . .” § 681.102(12), Fla. Stat. (1989). . § 681.109(3), Fla. Stat. (1989). . § 681.1095(4), Fla. . . .

C. MASON, D. P. M. P. A. v. PORSCHE CARS OF NORTH AMERICA, INC., 688 So. 2d 361 (Fla. Dist. Ct. App. 1997)

. . . the vehicle’s use and value and therefore constituted nonconformities within the meaning of section 681.102 . . . the term “malfunction,” the lemon law refers to a nonconformity as being a “defect or condition.” § 681.102 . . . SUBSTANTIALLY IMPAIRED USE Although section 681.102(15) defines a nonconformity as a defect or condition . . .

RESULTS REAL ESTATE, INC. v. LAZY DAYS R. V. CENTER, INC. a a, 505 So. 2d 587 (Fla. Dist. Ct. App. 1987)

. . . narrow legal point ruled on by the trial court by first examining the following portion of section 681.102 . . . , Florida Statutes (1985): 681.102(3) “Consumer” means the purchaser, other than for purposes of resale . . . It can be argued that clauses one and two of section 681.102(3) are meant to apply to natural persons . . .