The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 681
MOTOR VEHICLE SALES WARRANTIES

View Entire Chapter

F.S. 681.103

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 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 nameplate manufacturer of a recreational vehicle shall, at the time of vehicle acquisition, inform the consumer clearly and conspicuously in writing how and where to file a claim with a program pursuant to s. 681.1096. 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 and shall contain a toll-free number for the department which 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, 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.

History.—s. 4, ch. 83-69; s. 40, ch. 85-62; s. 3, ch. 85-240; ss. 3, 19, ch. 88-95; s. 4, ch. 91-429; s. 3, ch. 92-88; s. 3, ch. 97-245; s. 1, ch. 2002-71; s. 20, ch. 2002-235; s. 18, ch. 2011-56; s. 28, ch. 2011-205.

F.S. 681.103 on Google Scholar

F.S. 681.103 on Casetext

Amendments to 681.103

Arrestable Offenses / Crimes under Fla. Stat. 681.103

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 681.103.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . . § 681.103(1), Fla. Stat. (2009). . . .

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

. . . Section 681.103 imposes a duty on the manufacturer (or its authorized service agent) to conform a vehicle . . .

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

. . . Such circumstances might include: (1) a warranty violation under section 681.103 which does not rise . . . of section 681.102(16); (2) a violation of a provision of Chapter 681 other than sections 681.104 or 681.103 . . .

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

. . . Court wrote that a section 681.112 action could be brought when “a warranty violation under section 681.103 . . . insignificant defects do not rise to the level of section 681.102(16), at least not through section 681.103 . . . Instead, a reasonable interpretation of section 681.103 reveals that actions arise where the manufacturer . . . manufacturer fails to provide a fully itemized repair order, including the amount of road testing performed. § 681.103 . . . statute were alleged in the complaint, thus it appears Land had no proper cause of action under section 681.103 . . .

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

. . . See § 681.103, Fla. Stat. (2002). . . .

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

. . . 681.109 and 681.1095, he contended that this failure was caused by Kia’s noncompliance with section 681.103 . . . Baa violated section 681.104(2), by not giving him the option of replacement or refund, and section 681.103 . . . Such circumstances might include: (1) a warranty violation under section 681.103 which does not rise . . . of section 681.102(16); (2) a violation of a provision of Chapter 681 other than sections 681.104 or 681.103 . . .

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

. . . .” § 681.103(3), Fla. Stat. (1997). . . .

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

. . . Section 681.103(1), Florida Statutes (1989), requires a motor vehicle manufacturer or its authorized . . . Section 681.103(1), Florida Statutes (1989), provides in relevant part: If a motor vehicle does not conform . . .