Moving to a new state is a lot. You find a home, change your address, and often buy a car to get settled. If you recently moved to Florida, bought or leased a new vehicle here, and that vehicle has been causing you problems, you may have important rights under state law.
Florida's Lemon Law, Chapter 681 of the Florida Statutes, was written to protect consumers whose new vehicles have serious defects that the manufacturer cannot seem to fix. This post walks through what the law covers, who it protects, and how the process generally works.
Does the Florida Lemon Law Apply to You as a New Resident?
The short answer is: it depends on where and what you bought.
Florida's Lemon Law covers new and demonstrator vehicles that were sold or leased in Florida. If you moved to Florida and then purchased or leased a new vehicle from a Florida dealer, and you registered it here, you are likely in the right place to make a claim under Chapter 681.
Used vehicles are not covered under the Florida Lemon Law, even if you registered them in Florida after moving here. There are other legal options for used vehicle issues, but the Lemon Law itself is focused on new and demonstrator vehicles.
If you bought your car in another state before moving to Florida, the situation is different. You would want to review the rules around out-of-state purchases and Florida registration to understand what coverage may or may not apply.
The Lemon Law Rights Period
Timing matters. Florida's Lemon Law gives consumers a 24-month window from the date the vehicle was originally delivered to them. This is called the Lemon Law rights period.
During this window, if your vehicle has a defect that substantially impairs its use, value, or safety, and the manufacturer or its authorized dealer cannot fix it after a reasonable number of attempts, the law may provide a remedy.
It is worth noting that the 24-month clock starts from the original delivery date, not from when you moved to Florida or when you registered the vehicle here. So if you took delivery of a new vehicle and then relocated to Florida within that window, the period is already running.
What Counts as a "Defect" Under Chapter 681?
Not every rattling noise or minor annoyance qualifies. The law uses the term nonconformity, which means a defect or condition that substantially impairs the use, value, or safety of the vehicle and is covered by the manufacturer's warranty.
Common examples include recurring engine problems, transmission failures, brake issues, or safety system malfunctions. Many consumers also bring claims involving things like air conditioning failures in a Florida climate or brake defects on new cars, which can directly affect safety and everyday use.
When Does the Manufacturer Get a Chance to Fix It?
The law sets out two main thresholds that may qualify a vehicle as a lemon:
- Three or more repair attempts for the same nonconformity, without a successful fix
- 30 or more cumulative days out of service due to repair (60 days for recreational vehicles)
Once either threshold is met, the process does not automatically move to a legal claim. The consumer is required to send a written notice to the manufacturer. This is called a Motor Vehicle Defect Notification. It gives the manufacturer one final opportunity to attempt a repair or inspect the vehicle before a formal claim moves forward.
This written notice step is important. Missing it or doing it incorrectly can affect your ability to proceed. Many consumers work with a lemon law attorney to make sure this step is handled properly.
For a deeper look at how the days-out-of-service calculation works, see our post on days out of service under Florida's Lemon Law.
The Arbitration Process
Florida's Lemon Law generally requires that consumers go through an arbitration process before filing a lawsuit. There are two stages:
- Manufacturer-sponsored arbitration, if the manufacturer participates in a certified program. This is a first step for many claims.
- The Florida New Motor Vehicle Arbitration Board, which is run through the Florida Attorney General's office. This is a state-run program that hears disputes and issues decisions.
Arbitration is less formal than a court trial, but it is still a legal proceeding with real consequences. Consumers present their case, and the manufacturer presents theirs. A panel reviews the facts and issues a decision.
If you want to understand what to expect going in, our post on what to expect at a lemon law arbitration hearing covers the process in plain terms.