Uncovering The Structure Florida Lemon Law

When lemon law was first being introduced, there are few clear and precise protections for consumers, particularly those who buy defective merchandise like automobiles in most of the states. It's true that there were federal regulations such as the Uniform Commercial Code (U.C.C.) and the Magnuson-Moss Warranty Act in place but they did not always handle the specific concerns of the individual state.

The same was true in the state of Florida before its lemon law was established. Just like any other state lemon law, Florida lemon law had a unique beginning and its course of development traveled a distinct path. As with other state lemon laws, Florida has chosen its own range of coverage and it is not likely to match up with every point of any of the other states.

Florida lemon law was originally established in 1988 with the passing of the Motor Vehicle Warranty Enforcement Act by the Florida State Legislature. The creation of the law was the result of representatives of the state government recognizing fundamental issue relating to new vehicles: Just because a vehicle is new does not always mean that it will be problem-free. The establishment of the Motor Vehicle Warranty Enforcement Act had a specific plan that would be implemented across the state of Florida.

This plan called for the creation of multiple arbitration boards that would operate at a number of locations throughout Florida solely for the purpose of hearing disputes and claims made by consumers about faulty or defective vehicles. These boards would examine the complaints and determine how to settle the disputes between the consumers and the auto manufacturers. It was using this unique network of arbitration boards that Florida ushered in its own brand of lemon law consumer protection. From that starting point, advocates of lemon law began to expand the body of statutes used by the arbitration boards and create a solid body of lemon law legislation. Florida lemon law has specific coverage parameters based upon the rulings of its state legislature.

Some states that have lemon law provide a broad umbrella of coverage to every possible vehicle type-and even beyond motor vehicles in some places. However, Florida's lemon law guidelines do have clear limitations over other states similar provisions. As with most lemon law, new cars are provided coverage based upon their warranties and specific steps laid out for lemon law relief when a vehicle has been identified as a lemon. Similar coverage is given to leased vehicles. But, this is where the similarity ceases. Florida lemon law does not provide coverage for used cars, motorcycles, off-road vehicles, non-livable RVs, and heavy trucks, weighing over 10,000 lbs. (Only in rare instances are used cars given any protection.)

There are other distinctions present in Florida lemon law, but those listed constitute the major examples. As with any other lemon law, the system is changing all the time as different points of law are questioned and new proposals suggest new ways to reform or improve the way the law operates.

Lemon Law