If the manufacturer fails to correct one or more nonconformities within a reasonable number of attempts, the manufacturer must either repurchase or replace the vehicle. The consumer has a right to choose a refund rather than a replacement.

If a manufacturer has established an informal dispute settlement program certified by the Florida Department of Legal Affairs, the consumer must first resort to relief under the program before making claim for replacement or a refund.

If the consumer resorts to a manufacturer’s certified informal dispute settlement program and a decision is not rendered within 40 days, or if the consumer is not satisfied with the decision, or if the manufacturer does not have a certified informal dispute settlement program, the consumer may request arbitration by the Florida New Motor Vehicle Arbitration Board, by contacting The Lemon Law Hotline at (800) 321-5366, or by calling 850-414-3500 if out-of-state, and asking for a Request for Arbitration form.

The Florida New Motor Vehicle Arbitration Board is administered by the Office of the Attorney General. If the request for arbitration is approved, the board will hear the dispute within 40 days and render a decision within 60 days of the date of approval. If the decision is in favor of the consumer, the manufacturer must comply with the decision within 40 days after receipt of the written decision. Once the arbitration board rules on the case, either side can then appeal the decision in court.