Fla. Admin. Code Ann. R. 2-30.001 - Written Statement Explaining Consumer Rights Under Chapter 681, Florida Statutes; Hearings Before Florida New Motor Vehicle Arbitration Board

(1) The following documents are incorporated into these rules by reference and can each be obtained by visiting the applicable web address shown below, where available, or by contacting the address shown in subsection (4):

(a) The form entitled "Manufacturer's Answer, " DLA/LL-006 (rev. 2/06), effective 2-1-06.

(b) The forms entitled "Consumer's Prehearing Information Sheet DLA/LL-007, (rev. 02/2023), effective 2-1-2023, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14995 and Manufacturer's Prehearing Information Sheet, " DLA/LL-007a (rev. 02/2023), effective 2-1-2023, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14996.

(c) The publication entitled "Hearings Before the Florida New Motor Vehicle Arbitration Board, " DLA/LL-010 (rev. 2/06), effective 2-1-06, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14885.

(d) The publication entitled "Consumer Guide to the Florida Lemon Law, " DLA/LL-011 (rev. 02/2023), effective 2-1-2023, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14997.

(e) The form entitled "Request for Arbitration, " DLA/LL-005 (rev. 2/06), effective 2-1-06, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14881.

(2) For purposes of this rule chapter and the application of Chapter 681, F.S., the following definitions shall apply:

(a) Condition - A general problem (e.g., vehicle fails to start, vehicle runs hot, etc.) that may be attributable to a defect in more than one part.

(b) Repair attempt - The replacement of a component, or some adjustment made, to correct a nonconformity. An examination of a reported nonconformity, without a subsequent adjustment or component replacement, may constitute a repair attempt if it is later shown that repair work was justified. Examination or repair performed by anyone other than the manufacturer or its authorized service agent will not be considered a repair attempt.

(c) Out-of-service day - Any day, including weekends and holidays, when the motor vehicle is left at an authorized service agent or manufacturer's designated repair facility for an examination or repair of one or more nonconformities. The number of out-of-service days for each visit commences the day the vehicle is brought into the repair facility for that repair work and ends the day the work is completed. If the vehicle is left at an authorized service agent for the performance of routine maintenance, repairs of minor defects, or repairs of defects first reported after the expiration of the Lemon Law Rights period, such days will not be considered out-of-service days.

(d) Gross vehicle weight - means the net, curb or actual weight of the truck, plus the weight of the load normally carried in it, including normal occupant(s), fuel and cargo.

(e) To calculate the reasonable offset for use defined in Section 681.102(19), F.S., "miles attributable to a consumer" shall not include the following:

1. Miles driven by the manufacturer or its authorized service agent during the course of an examination or repair of the nonconformity or nonconformities;

2. Reasonable miles driven by a consumer, or miles driven by a manufacturer or authorized service agent, to and from a manufacturer's authorized service agent or designated repair facility for examination or repair of a nonconformity;

3. A pre-mediation or pre-arbitration test drive or inspection conducted by a manufacturer, its authorized service agent or an independent inspector appointed by a procedure;

4. Miles driven to an arbitration hearing or mediation conference conducted by a procedure, program or the board;

5. A test drive or inspection during a mediation conference or an arbitration hearing by or at the direction of a mediator or arbitrator of a procedure, program or the board.

(3) When a manufacturer responds to the written notification of a final repair opportunity set forth in Section 681.104(1)(a), F.S., the consumer must receive such response within 10 days from the date the manufacturer received the written notification from the consumer.

(4) Each manufacturer of motor vehicles sold in Florida must provide in writing the name, address, telephone number and facsimile number of the person designated to receive notices on behalf of the manufacturer under Chapter 681, F.S. An email address may be included. (Note: Dealers cannot be designated.) This written notice must be sent to the Office of the Attorney General, Lemon Law Arbitration Program, PL-01, The Capitol, Tallahassee, Florida 32399-1050. This information will be presumed correct unless it is updated in writing by the manufacturer. Failure to update the information will result in notices under Chapter 681, F.S. (the "Lemon Law"), being mailed to the manufacturer's last known address.

Notes

Fla. Admin. Code Ann. R. 2-30.001

Rulemaking Authority 681.103(3), 681.109(5), 681.109(8), 681.1097, 681.118 FS. Law Implemented 681.102, 681.103, 681.104, 681.109, 681.1095, 681.1097 FS.

New 1-25-89, Amended 3-4-93, 6-25-96. 9-15-98, 2-1-06, Amended by Florida Register Volume 49, Number 002, January 4, 2023 effective 1/17/2023.

New 1-25-89, Amended 3-4-93, 6-25-96, 9-15-98, 2-1-06, 1-17-23.