Many Floridians split their year between Florida and another state. If you bought or leased a new car while you were here, and that car has been a problem ever since, you may be wondering whether Florida's lemon law still protects you. The short answer is: it very well might. What matters most is not how many days per year you spend in Florida. What matters is where and when you bought the vehicle, and whether you act within the rights period.
What Florida's Lemon Law Actually Covers
Florida's Lemon Law, Chapter 681 of the Florida Statutes, covers new and demonstrator vehicles that were sold or leased in Florida. Used vehicles are not covered under this law. If you purchased your vehicle at a Florida dealership, even as a part-time resident, the law may still apply to your situation.
The law protects consumers whose vehicles have a nonconformity. That is a defect or condition that substantially impairs the use, value, or safety of the vehicle. Minor annoyances generally do not qualify. A recurring problem that leaves you stranded, makes the car unsafe to drive, or significantly reduces what the car is worth is the kind of issue the law was designed to address.
The 24 Month Rights Period: How It Works
The lemon law rights period runs for 24 months from the date of original delivery of the vehicle to you. That date is the clock that matters, not the date you registered the car in another state, not the date you returned to Florida, and not the date the problem first appeared.
For part-time residents, this is an important point. The 24 months keeps running whether you are in Florida, up north, or anywhere else. Many consumers lose their rights simply by waiting too long to act. If you are approaching the two-year mark and still dealing with an unresolved defect, time is a real concern.
How Many Repair Attempts Do You Need?
The statute sets out two main ways a vehicle can qualify as a lemon.
The repair attempt route:
- The manufacturer or its authorized dealer has made three or more repair attempts for the same nonconformity during the lemon law rights period, and the problem still exists.
- After those attempts, the consumer must send written notice to the manufacturer. This is called a Motor Vehicle Defect Notification. It gives the manufacturer one final opportunity to fix the problem.
- If that final attempt also fails, the consumer may proceed with a lemon law claim.
The days-out-of-service route:
- If the vehicle has been out of service for repair for 30 or more cumulative days during the rights period (60 or more days for recreational vehicles), that can also qualify the vehicle.
- Written notice and an opportunity for the manufacturer to inspect and repair the vehicle are still required.
For part-time residents, the days-out-of-service path deserves special attention. If your car sits at a dealership while you are away, those days still count toward the total. Keeping records of every service visit, including the date you dropped off the vehicle and the date you picked it up, is essential. You can read more about how these days are counted in our post on days out of service under Florida's lemon law.
Where Do You Take Your Car for Repairs?
Part-time residents sometimes wonder whether they need to bring their car back to Florida for repairs. The law generally requires repair attempts to be made by the manufacturer or an authorized dealer. Many manufacturers have dealer networks across the country, so repairs performed at an authorized dealer in your home state may still count.
That said, documentation is everything. Every time you bring your car in for repair, ask for a written repair order. Make sure it clearly describes the problem you reported, not just what the technician observed. Keep every copy. If your repair records are scattered between two states, organizing them early will save you a great deal of difficulty later.