What Hillsborough County Drivers Should Know About the Florida Lemon Law
Buying or leasing a new vehicle is a big investment. When that vehicle keeps breaking down, it can feel like there is no way out. Florida's Lemon Law, Chapter 681 of the Florida Statutes, exists to protect consumers in exactly that situation. If you live in Hillsborough County, including Tampa, Brandon, Riverview, or Plant City, this law may apply to your vehicle.
This guide walks through the basics in plain language so you know where you stand.
Which Vehicles Are Covered?
Florida's Lemon Law covers new vehicles and demonstrator vehicles that are sold or leased in Florida. This includes cars, trucks, motorcycles, and certain recreational vehicles.
Used cars are not covered under this law. If you bought a certified pre-owned vehicle, your situation may involve different legal paths. You can learn more about that in our post on certified pre-owned warranty claims in Florida.
A few other points worth knowing:
- The vehicle must have been purchased or leased in Florida, or the buyer must be a Florida resident.
- Business or fleet purchases may have different rules. Many standard lemon law protections are written with individual consumers in mind.
- The defect must have appeared during the Lemon Law rights period, which is 24 months from the date the vehicle was originally delivered to the consumer.
What Counts as a "Lemon"?
Not every car problem qualifies. The law focuses on a nonconformity, which means a defect or condition that substantially impairs the use, value, or safety of the vehicle. The defect must also not be caused by the consumer's own misuse or neglect.
Common examples that consumers report include:
- Persistent engine stalling or misfires
- Transmission failures that cannot be fixed after multiple visits
- Air conditioning systems that stop working repeatedly (see our post on AC failure in a new car under Florida's Lemon Law)
- Brake problems that affect safe driving
- Advanced driver assistance systems that malfunction
The key word is "substantially." A minor annoyance probably does not rise to the level the statute requires. A defect that makes the vehicle unreliable or unsafe is far more likely to qualify.
How Many Repair Attempts Are Required?
The statute sets out two main ways a vehicle can qualify.
The Three-Attempt Rule
If the manufacturer or its authorized dealer has made three repair attempts for the same nonconformity and the problem still exists, the consumer can trigger a formal process. The next step is sending a written notice called a Motor Vehicle Defect Notification to the manufacturer. This notice gives the manufacturer one final opportunity to repair the vehicle.
Days Out of Service
A vehicle that has spent 30 or more cumulative days out of service for warranty repairs may also qualify, even if no single problem was repaired three times. For recreational vehicles, that threshold is 60 days.
In this situation, the consumer still sends written notice giving the manufacturer an opportunity to inspect and repair the vehicle before moving forward.
Keeping a detailed repair log is important in both situations. Every repair order, loaner vehicle record, and service visit date helps build a clear picture of the timeline. Our post on days out of service under Florida's Lemon Law goes deeper on this topic.
What Happens After Written Notice?
Once the manufacturer receives the Motor Vehicle Defect Notification and completes or declines its final repair attempt, the consumer can pursue a remedy through arbitration.
Florida uses a two-stage arbitration process:
- Manufacturer-sponsored arbitration. If the manufacturer runs a program that is certified by the state, many consumers go through that first. These programs are reviewed by the Florida Attorney General's office. You can read more about how certified programs work in our post on BBB Auto Line certified programs.
- Florida New Motor Vehicle Arbitration Board. This is the state-run arbitration board, which operates through the Attorney General's office. If the manufacturer-sponsored program does not resolve things, or if no certified program exists, consumers may bring their case here.
Arbitration is generally required before a consumer can take the matter to court. The process is designed to be accessible, but preparing well still matters. Understanding what to expect at a hearing can make a real difference.
What Remedies Are Available?
If a consumer prevails, the statute allows for two possible remedies:
- A full refund. This includes the original purchase price plus collateral charges and finance charges, minus a statutory offset that accounts for the consumer's use of the vehicle before the first repair attempt for the nonconformity. The offset calculation is set by the statute.
- A replacement vehicle of the same or comparable model.
The consumer generally chooses which remedy they prefer.
It is worth noting that past results do not predict future outcomes. Every vehicle and every case has its own facts, and results can vary.