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House Bill 1495

Florida House of Representatives - 1997 HB 1495 By Representative Carlton 1 A bill to be entitled 2 An act relating to the Motor Vehicle Warranty 3 Enforcement Act; amending s. 681.101, F.S.; 4 providing legislative intent; amending s. 5 681.102, F.S.; providing definitions; amending 6 s. 681.103, F.S.; revising language with 7 respect to the duty of the manufacturer to 8 conform a motor vehicle to the warranty; 9 amending s. 681.104, F.S.; including reference 10 to recreational vehicles with respect to 11 nonconformity of motor vehicles; providing 12 additional timeframes with respect to 13 recreational vehicles; amending s. 681.109, 14 F.S., relating to the Florida New Motor Vehicle 15 Arbitration Board and dispute eligibility; 16 revising procedures for dispute; providing for 17 rules; amending s. 681.1095, F.S.; increasing 18 membership on the board; providing for hearings 19 by panels of three board members; providing 20 timeframes for hearings; creating s. 681.1096, 21 F.S.; providing for a Pilot RV Mediation and 22 Arbitration Program; providing for creation and 23 qualifications; creating s. 681.1097, F.S.; 24 providing for dispute eligibility and program 25 functions; providing for mediation; providing 26 for arbitration; amending s. 681.113, F.S.; 27 revising language with respect to dealer 28 liability; amending s. 681.114, F.S.; revising 29 language with respect to resale of returned 30 vehicles; amending s. 319.14, F.S.; redefining 31 the term "settlement"; providing for the 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 application of the act; providing an effective 2 date. 3 4 Be It Enacted by the Legislature of the State of Florida: 5 6 Section 1. Section 681.101, Florida Statutes, is 7 amended to read: 8 681.101 Legislative intent.--The Legislature 9 recognizes that a motor vehicle is a major consumer purchase 10 and that a defective motor vehicle undoubtedly creates a 11 hardship for the consumer. The Legislature further recognizes 12 that a duly franchised motor vehicle dealer is an authorized 13 service agent of the manufacturer. It is the intent of the 14 Legislature that a good faith motor vehicle warranty complaint 15 by a consumer be resolved by the manufacturer within a 16 specified period of time; however, it is not the intent of the 17 Legislature that a consumer who acquires a motor vehicle built 18 or assembled by multiple manufacturers establish the 19 presumption of a reasonable number of attempts as to each such 20 manufacturer. It is further the intent of the Legislature to 21 provide the statutory procedures whereby a consumer may 22 receive a replacement motor vehicle, or a full refund, for a 23 motor vehicle which cannot be brought into conformity with the 24 warranty provided for in this chapter. However, nothing in 25 this chapter shall in any way limit or expand the rights or 26 remedies which are otherwise available to a consumer under any 27 other law. 28 Section 2. Section 681.102, Florida Statutes, is 29 amended to read: 30 681.102 Definitions.--As used in this chapter, the 31 term: 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 (1) "Authorized service agent" means any person, 2 including a franchised motor vehicle dealer, who is authorized 3 by the manufacturer to service motor vehicles. In the case of 4 a recreational vehicle when there are two or more 5 manufacturers, an authorized service agent for any individual 6 manufacturer is any person, including a franchised motor 7 vehicle dealer, who is authorized to service the items 8 warranted by that manufacturer. The term does not include a 9 rental car company authorized to repair rental vehicles. 10 (2) "Board" means the Florida New Motor Vehicle 11 Arbitration Board. 12 (3) "Collateral charges" means those additional 13 charges to a consumer wholly incurred as a result of the 14 acquisition of the motor vehicle. For the purposes of this 15 chapter, collateral charges include, but are not limited to, 16 manufacturer-installed or agent-installed items or service 17 charges, earned finance charges, sales taxes, and title 18 charges. 19 (4) "Consumer" means the purchaser, other than for 20 purposes of resale, or the lessee, of a motor vehicle 21 primarily used for personal, family, or household purposes; 22 any person to whom such motor vehicle is transferred for the 23 same purposes during the duration of the Lemon Law rights 24 period; and any other person entitled by the terms of the 25 warranty to enforce the obligations of the warranty. 26 (5) "Days" means calendar days. 27 (6) "Department" means the Department of Legal 28 Affairs. 29 (7)(6) "Division" means the Division of Consumer 30 Services of the Department of Agriculture and Consumer 31 Services. 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 (8)(7) "Incidental charges" means those reasonable 2 costs to the consumer which are directly caused by the 3 nonconformity of the motor vehicle. 4 (9)(8) "Lease price" means the aggregate of: 5 (a) Lessor's actual purchase costs. 6 (b) Collateral charges, if applicable. 7 (c) Any fee paid to another to obtain the lease. 8 (d) Any insurance or other costs expended by the 9 lessor for the benefit of the lessee. 10 (e) An amount equal to state and local sales taxes, 11 not otherwise included as collateral charges, paid by the 12 lessor when the vehicle was initially purchased. 13 (f) An amount equal to 5 percent of (a). 14 (10)(9) "Lemon Law rights period" means the period 15 ending 24 18 months after the date of the original delivery of 16 a motor vehicle to a consumer or the first 24,000 miles of 17 operation, whichever occurs first. 18 (11)(10) "Lessee" means any consumer who leases a 19 motor vehicle for 1 year or more pursuant to a written lease 20 agreement which provides that the lessee is responsible for 21 repairs to such motor vehicle or any consumer who leases a 22 motor vehicle pursuant to a lease-purchase agreement. 23 (12)(11) "Lessee cost" means the aggregate deposit and 24 rental payments previously paid to the lessor for the leased 25 vehicle but excludes debt from any other transaction. 26 (13)(12) "Lessor" means a person who holds title to a 27 motor vehicle that is leased to a lessee under a written lease 28 agreement or who holds the lessor's rights under such 29 agreement. 30 (14)(13) "Manufacturer" means any person, whether a 31 resident or nonresident of this state, who manufactures or 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 assembles motor vehicles, or who manufactures or assembles 2 chassis for recreational vehicles, or who manufactures or 3 installs on previously assembled truck or recreational vehicle 4 chassis special bodies or equipment which, when installed, 5 forms an integral part of the motor vehicle a manufacturer as 6 defined in s. 320.60(9), a distributor as defined in s. 7 320.60(5), or an importer as defined in s. 320.60(7). A 8 dealer as defined in s. 320.60(11)(a) shall not be deemed to 9 be a manufacturer, distributor, or importer as provided in 10 this section. 11 (15)(14) "Motor vehicle" means a new vehicle, 12 propelled by power other than muscular power, which is sold in 13 this state to transport persons or property, and includes a 14 recreational vehicle or a vehicle used as a demonstrator or 15 leased vehicle if a manufacturer's warranty was issued as a 16 condition of sale, or the lessee is responsible for repairs, 17 but does not include vehicles run only upon tracks, off-road 18 vehicles, trucks over 10,000 pounds gross vehicle weight, 19 motorcycles, mopeds, or the living facilities of recreational 20 vehicles, motorcycles, or mopeds. "Living facilities of 21 recreational vehicles" are those portions designed, used, or 22 maintained primarily as living quarters and include, but are 23 not limited to, the flooring, plumbing system and fixtures, 24 roof air conditioner, furnace, generator, electrical systems 25 other than automotive circuits, the side entrance door, 26 exterior compartments, and windows other than the windshield 27 and driver and front passenger windows. 28 (16)(15) "Nonconformity" means a defect or condition 29 that substantially impairs the use, value, or safety of a 30 motor vehicle, but does not include a defect or condition that 31 results from an accident, abuse, neglect, modification, or 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 alteration of the motor vehicle by persons other than the 2 manufacturer or its authorized service agent. 3 (17)(16) "Procedure" means an informal 4 dispute-settlement procedure established by a manufacturer to 5 mediate and arbitrate motor vehicle warranty disputes. 6 (18) "Program" means the mediation and arbitration 7 pilot program for recreational vehicles established in this 8 chapter. 9 (19)(17) "Purchase price" means the cash price as 10 defined in s. 520.31(1), inclusive of any allowance for a 11 trade-in vehicle, but excludes debt from any other 12 transaction. "Any allowance for a trade-in vehicle" means the 13 net trade-in allowance as reflected in the purchase contract 14 or lease agreement if acceptable to the consumer and 15 manufacturer. If such amount is not acceptable to the 16 consumer and manufacturer, then the trade-in allowance shall 17 be an amount equal to 100 percent of the retail price of the 18 trade-in vehicle as reflected in the NADA Official Used Car 19 Guide (Southeastern Edition) or NADA Recreation Vehicle 20 Appraisal Guide, whichever is applicable, in effect at the 21 time of the trade-in. The manufacturer shall be responsible 22 for providing the applicable NADA book. 23 (20)(18) "Reasonable offset for use" means the number 24 of miles attributable to a consumer up to the date of a 25 settlement agreement or arbitration hearing the third repair 26 attempt of the same nonconformity or the 20th cumulative day 27 when the vehicle is out of service by reason of repair of one 28 or more nonconformities, whichever occurs first, multiplied by 29 the purchase price of the vehicle and divided by 120,000, 30 except in the case of a recreational vehicle, in which event 31 it shall be divided by 60,000. 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 (21) "Recreational vehicle" means a motor vehicle 2 primarily designed to provide temporary living quarters for 3 recreational, camping, or travel use, but does not include a 4 van conversion. 5 (22)(19) "Replacement motor vehicle" means a motor 6 vehicle which is identical or reasonably equivalent to the 7 motor vehicle to be replaced, as the motor vehicle to be 8 replaced existed at the time of acquisition. "Reasonably 9 equivalent to the motor vehicle to be replaced" means the 10 manufacturer's suggested retail price of the replacement 11 vehicle shall not exceed 105 percent of the manufacturer's 12 suggested retail price of the motor vehicle to be replaced. 13 In the case of a recreational vehicle, "reasonably equivalent 14 to the motor vehicle to be replaced" means the retail price of 15 the replacement vehicle shall not exceed 105 percent of the 16 purchase price of the recreational vehicle to be replaced. 17 (23)(20) "Warranty" means any written warranty issued 18 by the manufacturer, or any affirmation of fact or promise 19 made by the manufacturer, excluding statements made by the 20 dealer, in connection with the sale of a motor vehicle to a 21 consumer which relates to the nature of the material or 22 workmanship and affirms or promises that such material or 23 workmanship is free of defects or will meet a specified level 24 of performance. 25 Section 3. Subsections (1) and (3) of section 681.103, 26 Florida Statutes, are amended to read: 27 681.103 Duty of manufacturer to conform a motor 28 vehicle to the warranty.-- 29 (1)(a) If a motor vehicle does not conform to the 30 warranty and the consumer first reports the problem to the 31 manufacturer or its authorized service agent during the first 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 12 months or 12,000 miles, whichever occurs first, of the 2 Lemon Law rights period, the manufacturer or its authorized 3 service agent shall, at no cost to the consumer, make such 4 repairs as are necessary to conform the vehicle to the 5 warranty, irrespective of whether such repairs are made after 6 the expiration of the Lemon Law rights period. Such repairs 7 shall be at no cost to the consumer if made during the term of 8 the manufacturer's written express warranty. Nothing in this 9 paragraph shall be construed to grant an extension of the 10 Lemon Law rights period or to expand the time within which a 11 consumer must file a claim under this chapter. 12 (b) If a motor vehicle does not conform to the 13 warranty and the consumer first reports the problem to the 14 manufacturer or its authorized service agent after the first 15 12 months or 12,000 miles, whichever occurs first, of the 16 Lemon Law rights period, the manufacturer or its authorized 17 service agent shall make such repairs as are necessary to 18 conform the vehicle to the warranty, irrespective of whether 19 such repairs are made after the expiration of the Lemon Law 20 rights period. The manufacturer may charge for such repairs 21 if the warranty so provides. 22 (3) At the time of acquisition, the manufacturer shall 23 inform the consumer clearly and conspicuously in writing how 24 and where to file a claim with a certified procedure if such 25 procedure has been established by the manufacturer pursuant to 26 s. 681.108. The manufacturer shall provide to the dealer and, 27 at the time of acquisition, the dealer and shall provide to 28 the consumer a written statement that explains the consumer's 29 rights under this chapter. The written statement shall be 30 prepared by the Department of Legal Affairs and shall contain 31 a toll-free number for the division that the consumer can 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 contact to obtain information regarding the consumer's rights 2 and obligations under this chapter or to commence arbitration. 3 If the manufacturer obtains a signed receipt for timely 4 delivery of sufficient quantities of this written statement to 5 meet the dealer's vehicle sales requirements, it shall 6 constitute prima facie evidence of compliance with this 7 subsection by the manufacturer. The consumer's signed 8 acknowledgment of receipt of materials required under this 9 subsection shall constitute prima facie evidence of compliance 10 by the manufacturer and dealer. The form of the 11 acknowledgments shall be approved by the Department of Legal 12 Affairs, and the dealer shall maintain the consumer's signed 13 acknowledgment for 3 years. 14 Section 4. Paragraph (a) of subsection (1), paragraph 15 (a) of subsection (2), and subsection (3) of section 681.104, 16 Florida Statutes, are amended to read: 17 681.104 Nonconformity of motor vehicles.-- 18 (1)(a) After three attempts have been made to repair 19 the same nonconformity, the consumer shall give written 20 notification, by registered or express mail to the 21 manufacturer, of the need to repair the nonconformity to allow 22 the manufacturer a final attempt to cure the nonconformity. 23 The manufacturer shall have 10 days, commencing upon receipt 24 of such notification, to respond and give the consumer the 25 opportunity to have the motor vehicle repaired at a reasonably 26 accessible repair facility within a reasonable time after the 27 consumer's receipt of the response. The manufacturer shall 28 have 10 days, except in the case of a recreational vehicle, in 29 which event the manufacturer shall have 45 days, commencing 30 upon the delivery of the motor vehicle to the designated 31 repair facility by the consumer, to conform the motor vehicle 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 to the warranty. If the manufacturer fails to respond to the 2 consumer and give the consumer the opportunity to have the 3 motor vehicle repaired at a reasonably accessible repair 4 facility or perform the repairs within the time periods 5 prescribed in this subsection, the requirement that the 6 manufacturer be given a final attempt to cure the 7 nonconformity, or in complete absence of a justiciable issue 8 of either law or fact raised by the consumer, does not apply. 9 (2)(a) If the manufacturer, or its authorized service 10 agent, cannot conform the motor vehicle to the warranty by 11 repairing or correcting any nonconformity after a reasonable 12 number of attempts, the manufacturer, within 40 days, shall 13 repurchase the motor vehicle and refund the full purchase 14 price to the consumer, less a reasonable offset for use, or, 15 in consideration of its receipt of payment from the consumer 16 of a reasonable offset for use, replace the motor vehicle with 17 a replacement motor vehicle acceptable to the consumer. The 18 refund or replacement must include all reasonably incurred 19 collateral and incidental charges. However, the consumer has 20 an unconditional right to choose a refund rather than a 21 replacement motor vehicle. Upon receipt of such refund or 22 replacement, the consumer, lienholder, or lessor shall furnish 23 to the manufacturer clear title to and possession of the motor 24 vehicle. 25 (3)(a) It is presumed that a reasonable number of 26 attempts have been undertaken to conform a motor vehicle to 27 the warranty if, during the Lemon Law rights period, either: 28 (a)1. The same nonconformity has been subject to 29 repair at least three times by the manufacturer or its 30 authorized service agent, plus a final attempt by the 31 manufacturer to repair the motor vehicle if undertaken as 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 provided for in paragraph (1)(a), and such nonconformity 2 continues to exist; or 3 (b)2. The motor vehicle has been out of service by 4 reason of repair of one or more nonconformities by the 5 manufacturer, or its authorized service agent, for a 6 cumulative total of 30 or more days, 60 or more days in the 7 case of a recreational vehicle, exclusive of downtime for 8 routine maintenance prescribed by the owner's manual. The 9 manufacturer or its authorized service agent must have had at 10 least one opportunity to inspect or repair the vehicle 11 following receipt of the notification as provided in paragraph 12 (1)(b). The 30-day period, or 60-day period in the case of a 13 recreational vehicle, may be extended by any period of time 14 during which repair services are not available to the consumer 15 because of war, invasion, strike, fire, flood, or natural 16 disaster. 17 (b) The terms of paragraph (a) may be extended for a 18 period of 6 months after the expiration of the Lemon Law 19 rights period if a nonconformity has been reported but has not 20 been cured by the manufacturer, or its authorized service 21 agent, by the expiration of the Lemon Law rights period. 22 Section 5. Section 681.109, Florida Statutes, is 23 amended to read: 24 681.109 Florida New Motor Vehicle Arbitration Board; 25 dispute eligibility.-- 26 (1) If a manufacturer has a certified procedure, a 27 consumer claim arising during the Lemon Law rights period must 28 be filed with the certified procedure within 60 days If a 29 consumer files a claim with a certified procedure within 6 30 months after the expiration of the Lemon Law rights period. 31 If and a decision is not rendered by the certified procedure 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 within 40 days of filing, the consumer may apply to the 2 division to have the dispute removed to the board for 3 arbitration. 4 (2) If a manufacturer has a certified procedure, a 5 consumer claim arising during the Lemon Law rights period must 6 be filed with the certified procedure within 60 days after the 7 expiration of the Lemon Law rights period. If a consumer A 8 consumer who files a claim with a certified procedure within 6 9 months after the expiration of the Lemon Law rights period and 10 is not satisfied with the decision or the manufacturer's 11 compliance therewith, the consumer may apply to the division 12 to have the dispute submitted to the board for arbitration. A 13 manufacturer may not seek review of a decision made under its 14 procedure. 15 (3) If a manufacturer has no certified procedure or if 16 a certified procedure does not have jurisdiction to resolve 17 the dispute, a consumer may apply directly to the division to 18 have the dispute submitted to the board for arbitration. 19 (4) A consumer must request arbitration before the 20 board with respect to a claim arising during the Lemon Law 21 rights period within 60 days 6 months after the expiration of 22 the Lemon Law rights period, or within 30 days after the final 23 action of a certified procedure, whichever date occurs later. 24 (5) The division shall screen all requests for 25 arbitration before the board to determine eligibility. The 26 consumer's request for arbitration before the board shall be 27 made on a form prescribed by the department of Legal Affairs. 28 The division shall forward to the board all disputes that the 29 division determines are potentially entitled to relief under 30 this chapter. 31 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 (6) The division may reject a dispute that it 2 determines to be fraudulent or outside the scope of the 3 board's authority. Any dispute deemed by the division to be 4 ineligible for arbitration by the board due to insufficient 5 evidence may be reconsidered upon the submission of new 6 information regarding the dispute. Following a second review, 7 the division may reject a dispute if the evidence is clearly 8 insufficient to qualify for relief. Any dispute rejected by 9 the division shall be forwarded to the department of Legal 10 Affairs and a copy shall be sent by registered mail to the 11 consumer and the manufacturer, containing a brief explanation 12 as to the reason for rejection. 13 (7) If the division rejects a dispute, the consumer 14 may file a lawsuit to enforce the remedies provided under this 15 chapter. In any civil action arising under this chapter and 16 relating to a matter considered by the division, any 17 determination made to reject a dispute is admissible in 18 evidence. 19 (8) The department shall have the authority to adopt 20 reasonable rules to carry out the provisions of this section. 21 Section 6. Section 681.1095, Florida Statutes, is 22 amended to read: 23 681.1095 Florida New Motor Vehicle Arbitration Board; 24 creation and function.-- 25 (1) There is established within the Department of 26 Legal Affairs, the Florida New Motor Vehicle Arbitration 27 Board, consisting of members appointed by the Attorney General 28 for an initial term of 1 year. Board members may be 29 reappointed for additional terms of 2 years. Each board member 30 is accountable to the Attorney General for the performance of 31 the member's duties and is exempt from civil liability for any 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 act or omission which occurs while acting in the member's 2 official capacity. The Department of Legal Affairs shall 3 defend a member in any action against the member or the board 4 which arises from any such act or omission. The Attorney 5 General may establish as many regions of the board boards as 6 necessary to carry out the provisions of this chapter. 7 (2) The boards shall hear cases in various locations 8 throughout the state so any consumer whose dispute is approved 9 for arbitration by the division may attend an arbitration 10 hearing at a reasonably convenient location and present a 11 dispute orally. Hearings shall be conducted by panels of three 12 board members assigned by the department. A majority vote of 13 the three-member board panel shall be required to render a 14 decision. Arbitration proceedings under this section shall be 15 open to the public on reasonable and nondiscriminatory terms. 16 (3) Each region of the board shall consist of up to 17 eight six members. The Attorney General may appoint two 18 additional members to each board if necessary. The members of 19 the board shall construe and apply the provisions of this 20 chapter, and rules adopted thereunder, in making their 21 decisions. An administrator and a secretary shall be assigned 22 to each board by the Department of Legal Affairs. At least 23 one member of each board must be a person with expertise in 24 motor vehicle mechanics. A member must not be employed by a 25 manufacturer or a franchised motor vehicle dealer or be a 26 staff member, a decisionmaker, or a consultant for a 27 procedure. Board members shall be trained in the application 28 of this chapter and any rules adopted under this chapter, 29 shall be reimbursed for travel expenses pursuant to s. 30 112.061, and shall be compensated at a rate or wage prescribed 31 by the Attorney General. 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 (4) Before filing a civil action on a matter subject 2 to s. 681.104, the consumer must first submit the dispute to 3 the division, and to the board if such dispute is deemed 4 eligible for arbitration. 5 (5) Manufacturers shall submit to arbitration 6 conducted by the board if such arbitration is requested by a 7 consumer and the dispute is deemed eligible for arbitration by 8 the division pursuant to s. 681.109. 9 (6) The board shall hear the dispute within 40 days 10 and render a decision within 60 days after the date the 11 request for arbitration is approved. The board may continue 12 the hearing on its own motion or upon the request of a party 13 for good cause shown. A request for continuance by the 14 consumer constitutes waiver of the time periods set forth 15 herein. The Department of Legal Affairs, at the board's 16 request, may investigate disputes, and may issue subpoenas for 17 the attendance of witnesses and for the production of; 18 subpoena records, documents, and other evidence; and compel 19 the attendance of witnesses before the board. The failure of 20 the board to hear a dispute or render a decision within the 21 prescribed periods does not invalidate the decision. 22 (7) At all arbitration proceedings, the parties may 23 present oral and written testimony, present witnesses and 24 evidence relevant to the dispute, cross-examine witnesses, and 25 be represented by counsel. The board may administer oaths or 26 affirmations to witnesses and inspect the vehicle if requested 27 by a party or if the board deems such inspection appropriate. 28 (8) The board shall grant relief, if a reasonable 29 number of attempts have been undertaken to correct a 30 nonconformity or nonconformities. 31 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 (9) The board shall hear the dispute within 40 days 2 and render a decision within 60 days after the date the 3 request for arbitration is approved. If the board determines 4 that additional information is necessary, it may continue the 5 arbitration proceeding on a subsequent date. The decision of 6 the board shall be sent by registered mail to the consumer and 7 the manufacturer, and shall contain written findings of fact 8 and rationale for the decision. If the decision is in favor 9 of the consumer, the manufacturer must, within 40 days after 10 receipt of the decision, comply with the terms of the 11 decision. Compliance occurs on the date the consumer receives 12 delivery of an acceptable replacement motor vehicle or the 13 refund specified in the arbitration award. In any civil 14 action arising under this chapter and relating to a dispute 15 arbitrated before the board, any decision by the board is 16 admissible in evidence. The failure of the board to hear a 17 dispute or render a decision within the prescribed periods 18 does not invalidate the decision. 19 (10) A decision is final unless appealed by either 20 party. A petition to the circuit court to appeal a decision 21 must be made within 30 days after receipt of the decision. The 22 petition shall be filed in the county where the consumer 23 resides, or where the motor vehicle was acquired, or where the 24 arbitration hearing was conducted. Within 7 days after the 25 petition has been filed, the appealing party must send a copy 26 of the petition to the department of Legal Affairs. If the 27 department does not receive notice of such petition within 40 28 days after the manufacturer's receipt of a decision in favor 29 of the consumer, and the manufacturer has neither complied 30 with, nor has petitioned to appeal such decision, the 31 department of Legal Affairs may apply to the circuit court to 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 seek imposition of a fine up to $1,000 per day against the 2 manufacturer until the amount stands at twice the purchase 3 price of the motor vehicle, unless the manufacturer provides 4 clear and convincing evidence that the delay or failure was 5 beyond its control or was acceptable to the consumer as 6 evidenced by a written statement signed by the consumer. If 7 the manufacturer fails to provide such evidence or fails to 8 pay the fine, the department of Legal Affairs shall initiate 9 proceedings against the manufacturer for failure to pay such 10 fine. The proceeds from the fine herein imposed shall be 11 placed in the Motor Vehicle Warranty Trust Fund in the 12 department of Legal Affairs for implementation and enforcement 13 of this chapter. If the manufacturer fails to comply with the 14 provisions of this subsection, the court shall affirm the 15 award upon application by the consumer. 16 (11) All provisions in this section and s. 681.109 17 pertaining to compulsory arbitration before the board, the 18 dispute eligibility screening by the division, the proceedings 19 and decisions of the board, and any appeals thereof, are 20 exempt from the provisions of chapter 120. 21 (12) An appeal of a decision by the board to the 22 circuit court by a consumer or a manufacturer shall be by 23 trial de novo. In a written petition to appeal a decision by 24 the board, the appealing party must state the action requested 25 and the grounds relied upon for appeal. Within 30 days of 26 final disposition of the appeal, the appealing party shall 27 furnish the department with notice of such disposition and, 28 upon request, shall furnish the department with a copy of the 29 order or judgment of the court. 30 (13) If a decision of the board in favor of the 31 consumer is upheld by the court, recovery by the consumer 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 shall include the pecuniary value of the award, attorney's 2 fees incurred in obtaining confirmation of the award, and all 3 costs and continuing damages in the amount of $25 per day for 4 each day beyond the 40-day period following the manufacturer's 5 receipt of the board's decision. If a court determines that 6 the manufacturer acted in bad faith in bringing the appeal or 7 brought the appeal solely for the purpose of harassment or in 8 complete absence of a justiciable issue of law or fact, the 9 court shall double, and may triple, the amount of the total 10 award. 11 (14) When a judgment affirms a decision by the board 12 in favor of a consumer, appellate review may be conditioned 13 upon payment by the manufacturer of the consumer's attorney's 14 fees and giving security for costs and expenses resulting from 15 the review period. 16 (15) The department of Legal Affairs shall maintain 17 records of each dispute submitted to the board, and the 18 program, including an index of motor vehicles by year, make, 19 and model, and shall compile aggregate annual statistics for 20 all disputes submitted to, and decided by, the board, as well 21 as annual statistics for each manufacturer that include, but 22 are not limited to, the value, if applicable, and the number 23 and percent of: 24 (a) Replacement motor vehicle requests; 25 (b) Purchase price refund requests; 26 (c) Replacement motor vehicles obtained in prehearing 27 settlements; 28 (d) Purchase price refunds obtained in prehearing 29 settlements; 30 (e) Replacement motor vehicles awarded in arbitration; 31 (f) Purchase price refunds awarded in arbitration; 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 (g) Board decisions neither complied with in 40 days 2 nor petitioned for appeal within 30 days; 3 (h) Board decisions appealed; 4 (i) Appeals affirmed by the court; and 5 (j) Appeals found by the court to be brought in bad 6 faith or solely for the purpose of harassment. 7 8 The statistics compiled under this subsection are public 9 information. 10 (16) When requested by the department of Legal 11 Affairs, a manufacturer must verify the settlement terms for 12 disputes that are approved for arbitration but are not decided 13 by the board. 14 Section 7. Section 681.1096, Florida Statutes, is 15 created to read: 16 681.1096 Pilot RV Mediation and Arbitration Program; 17 creation and qualifications.-- 18 (1) This section and s. 681.1097 shall apply to 19 disputes determined eligible under this chapter involving 20 recreational vehicles acquired on or after October 1, 1997, 21 and shall remain in effect until September 30, 2001, at which 22 time recreational vehicle disputes shall be subject to the 23 provisions of ss. 681.109 and 681.1095. The Attorney General 24 shall report annually to the President of the Senate, the 25 Speaker of the House of Representatives, the Minority Leader 26 of each house of the Legislature, and appropriate legislative 27 committees regarding the efficiency and cost effectiveness of 28 the pilot program. 29 (2) Each manufacturer of a recreational vehicle 30 involved in a dispute that is determined eligible under this 31 chapter, including chassis and component manufacturers which 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 separately warrant the chassis and components and which 2 otherwise meet the definition of manufacturer set forth in s. 3 681.102(14), shall participate in a mediation and arbitration 4 program that is deemed qualified by the department. 5 (3) In order to be deemed qualified by the department, 6 the mediation and arbitration program must, at a minimum, meet 7 the following requirements: 8 (a) The program must be administered by an 9 administrator and staff that is sufficiently insulated from 10 the manufacturer to ensure impartial mediation and arbitration 11 services. 12 (b) Program administration fees must be paid by the 13 manufacturer and no such fees shall be charged to a consumer. 14 (c) The program must be adequately staffed at a level 15 sufficient to ensure the provision of fair and expeditious 16 dispute resolution services. 17 (d) Program mediators and arbitrators must be 18 sufficiently insulated from a manufacturer to ensure the 19 provision of impartial mediation and arbitration of disputes. 20 (e) Program mediators and arbitrators shall not be 21 employed by a manufacturer or a motor vehicle dealer. 22 (f) Program mediators must complete a Florida Supreme 23 Court certified circuit or county mediation training program, 24 or other mediation training program approved by the 25 department, in addition to a minimum of one-half day of 26 training on this chapter conducted by the department. 27 (g) Program mediators must comply with the Model 28 Standards of Conduct for Mediators issued by the American 29 Arbitration Association, the Dispute Resolution Section of the 30 American Bar Association, and the Society of Professionals in 31 Dispute Resolution. 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 (h) Program arbitrators must complete a Florida 2 Supreme Court certified circuit or county arbitration program, 3 or other arbitration training program approved by the 4 department, in addition to a minimum of 1 day of training in 5 the application of this chapter and any rules adopted 6 thereunder conducted by the department. 7 (i) Program arbitrators must comply with the Code of 8 Ethics for Arbitrators in Commercial Disputes published by the 9 American Arbitration Association and the American Bar 10 Association in 1977 and as amended. 11 (j) Program arbitrators must construe and apply the 12 provisions of this chapter and rules adopted thereunder in 13 making decisions. 14 (k) The program must complete all mediation and 15 arbitration of an eligible consumer claim within 70 days of 16 the program administrator's receipt of the claim from the 17 department. Failure of the program to complete all proceedings 18 within the prescribed period will not invalidate any 19 settlement agreement or arbitration decision. 20 (l) Mediation conferences and arbitration proceedings 21 must be held at reasonably convenient locations within the 22 state so as to enable a consumer to attend and present a 23 dispute orally. 24 (4) The department shall monitor the program for 25 compliance with this chapter. If the program is determined not 26 qualified or if qualification is revoked, then the involved 27 manufacturer shall be required to submit to arbitration 28 conducted by the board if such arbitration is requested by a 29 consumer and the dispute is deemed eligible for arbitration by 30 the division pursuant to s. 681.109. 31 21 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 (5) If a program is determined not qualified or if 2 qualification is revoked, the involved manufacturer shall be 3 notified by the department of any deficiencies in the program 4 and informed that it is entitled to a hearing pursuant to 5 chapter 120. 6 (6) The program administrator, mediators, and 7 arbitrators are exempt from civil liability arising from any 8 act or omission in connection with any mediation or 9 arbitration conducted under this chapter. 10 (7) The program administrator shall maintain records 11 of each dispute submitted to the program, including the 12 recordings of arbitration hearings. All records maintained by 13 the program under this chapter shall be public records and 14 shall be available for inspection by the department upon 15 reasonable notice. The records for disputes closed as of 16 September 30 of each year shall be turned over to the 17 department by the program administrator by no later than 18 October 30 of the same year, unless a later date is specified 19 by the department. 20 (8) The department shall have the authority to adopt 21 reasonable rules to carry out the provisions of this section. 22 Section 8. Section 681.1097, Florida Statutes, is 23 created to read: 24 681.1097 RV Pilot Mediation and Arbitration Program; 25 dispute eligibility and program function.-- 26 (1) Before filing a civil action on a matter subject 27 to s. 681.104, a consumer who acquires a recreational vehicle 28 must first submit the dispute to the department, and to the 29 program if the dispute is deemed eligible. Such consumer is 30 not required to resort to a procedure certified pursuant to s. 31 681.108, notwithstanding that one of the manufacturers of the 22 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 recreational vehicle has such a procedure. Such consumer is 2 not required to resort to arbitration conducted by the board, 3 except as provided in s. 681.1096(4) and in this section. 4 (2) A consumer acquiring a recreational vehicle must 5 apply to participate in this program with respect to a claim 6 arising during the Lemon Law rights period by filing the 7 application in subsection (3) with the department within 60 8 days after the expiration of the Lemon Law rights period. 9 (3) The consumer's application for participation in 10 the program must be on a form prescribed or approved by the 11 department. The department shall screen all applications to 12 participate in the program to determine eligibility. The 13 department shall forward to the program administrator all 14 applications the department determines are potentially 15 entitled to relief under this chapter. 16 (a) If the department determines the application lacks 17 sufficient information from which a determination of 18 eligibility can be made, the department shall request 19 additional information from the consumer and, upon review of 20 such additional information, shall determine whether the 21 application is eligible or reject the application as 22 incomplete. 23 (b) The department shall reject any application it 24 determines to be fraudulent or outside the scope of this 25 chapter. 26 (c) The consumer and the manufacturer shall be 27 notified in writing by the department if an application is 28 rejected. Such notification of rejection shall include a 29 brief explanation as to the reason for the rejection. 30 (d) If the department rejects a dispute, the consumer 31 may file a lawsuit to enforce the remedies provided under this 23 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 chapter. In any civil action arising under this chapter and 2 relating to the matter considered by the department, any 3 determination made to reject a dispute is admissible in 4 evidence. 5 (4) Mediation shall be mandatory for both the consumer 6 and manufacturer, unless the dispute is settled prior to the 7 scheduled mediation conference. The mediation conference 8 shall be confidential and inadmissible in any subsequent 9 adversarial proceedings. Participation shall be limited to 10 the parties directly involved in the dispute and their 11 attorneys, if any. All manufacturers shall be represented by 12 persons with settlement authority. 13 (a) Upon receipt of an eligible application from the 14 department, the program administrator shall notify the 15 consumer and all involved manufacturers in writing that an 16 eligible application has been received. Such notification 17 shall include a statement that a mediation conference will be 18 scheduled, shall identify the assigned mediator, and provide 19 information regarding the program's procedures. The program 20 administrator shall provide all involved manufacturers with a 21 copy of the completed application. 22 (b) The mediator shall be selected and assigned by the 23 program administrator. The parties may factually object to a 24 mediator based upon the mediator's past or present 25 relationship with a party or a party's attorney, direct or 26 indirect, whether financial, professional, social, or of any 27 other kind. The program administrator shall consider any such 28 objection, determine its validity, and notify the parties of 29 any determination. If the objection is determined valid, the 30 program administrator shall assign another mediator to the 31 case. 24 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 (c) At the mediation conference, the mediator shall 2 assist the parties' efforts to reach a mutually acceptable 3 settlement of their dispute; however, the mediator shall not 4 impose any settlement upon the parties. 5 (d) Upon conclusion of the mediation conference, the 6 mediator shall notify the program administrator that the case 7 has settled or remains at an impasse. The program 8 administrator shall notify the department in writing of the 9 outcome of the mediation. 10 (e) If the mediation conference ends in an impasse, it 11 shall proceed to arbitration pursuant to subsection (5). The 12 program administrator shall immediately notify the parties in 13 writing that the dispute will proceed to arbitration and shall 14 identify the assigned arbitrator. 15 (f) If the parties enter into a settlement at any time 16 after the dispute has been submitted to the program, such 17 settlement must be reduced to writing, signed by the consumer 18 and all involved manufacturers, and filed with the program 19 administrator. The program administrator shall send a copy to 20 the department. All settlements must contain, at a minimum, 21 the following information: 22 1. Name and address of the consumer. 23 2. Name and address of each involved manufacturer. 24 3. Year, make, model, and vehicle identification 25 number of the subject recreational vehicle. 26 4. Name and address of the dealership from which the 27 recreational vehicle was acquired. 28 5. Date the claim was received by the program 29 administrator. 30 6. Name of the mediator and/or arbitrator, if any. 31 25 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 7. Statement of the terms of the agreement, including, 2 but not limited to: whether the vehicle is to be reacquired 3 by a manufacturer and the identity of the manufacturer that 4 will reacquire the vehicle; the amount of any moneys to be 5 paid by the consumer and/or a manufacturer; the year, make, 6 and model of any replacement motor vehicle or motor vehicle 7 accepted by the consumer as a trade-assist; and a time certain 8 for performance not to exceed 40 days from the date the 9 settlement agreement is signed by the parties. 10 (g) If a manufacturer fails to perform within the time 11 required in any settlement agreement, the consumer must notify 12 the program administrator of such failure in writing within 10 13 days of the required performance date. Within 10 days of 14 receipt of such notice, the program administrator shall notify 15 the department of the manufacturer's failure in compliance and 16 shall schedule the matter for an arbitration hearing pursuant 17 to subsection (5). 18 (5) If the mediation ends in an impasse, or if a 19 manufacturer fails to comply with the settlement entered into 20 between the parties, the program administrator shall schedule 21 the dispute for an arbitration hearing. Arbitration 22 proceedings shall be open to the public on reasonable and 23 nondiscriminatory terms. 24 (a) The arbitration hearing shall be conducted by a 25 single arbitrator assigned by the program administrator. The 26 arbitrator shall not be the same person as the mediator who 27 conducted the prior mediation conference in the dispute. The 28 parties may factually object to an arbitrator based on the 29 arbitrator's past or present relationship with a party or a 30 party's attorney, direct or indirect, whether financial, 31 professional, social, or of any other kind. The program 26 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 administrator shall consider any such objection, determine its 2 validity, and notify the parties of any determination. If the 3 objection is determined valid, the program administrator shall 4 assign another arbitrator to the case. 5 (b) The arbitrator may issue subpoenas for the 6 attendance of witnesses and for the production of records, 7 documents, and other evidence. Subpoenas so issued shall be 8 served and, upon application to the court by a party to the 9 arbitration, enforced in the manner provided by law for the 10 service and enforcement of subpoenas in civil actions. Fees 11 for attendance as a witness shall be the same as for a witness 12 in the circuit court. 13 (c) At all program arbitration proceedings, the 14 parties may present oral and written testimony, present 15 witnesses and evidence relevant to the dispute, cross-examine 16 witnesses, and be represented by counsel. The arbitrator 17 shall record the arbitration hearing and shall have the power 18 to administer oaths. The arbitrator may inspect the vehicle 19 if requested by a party or if the arbitrator considers such 20 inspection appropriate. 21 (d) The program arbitrator may continue a hearing on 22 his or her own motion or upon the request of a party for good 23 cause shown. A request for continuance by the consumer 24 constitutes a waiver of the time period set forth in s. 25 681.1096(3)(k) for completion of all proceedings under the 26 program. 27 (e) The arbitrator shall grant relief if a reasonable 28 number of attempts have been undertaken to correct a 29 nonconformity or nonconformities. 30 (f) The program arbitrator shall render a decision 31 within 10 days of the closing of the hearing. The decision 27 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 shall be in writing on a form prescribed or approved by the 2 department. The program administrator shall send a copy of the 3 decision to the consumer and each involved manufacturer by 4 registered mail. The program administrator shall also send a 5 copy of the decision to the department within 5 days of 6 mailing to the parties. 7 (g) A manufacturer shall comply with an arbitration 8 decision within 40 days of the date the manufacturer receives 9 the written decision. Compliance occurs on the date the 10 consumer receives delivery of an acceptable replacement motor 11 vehicle or the refund specified in the arbitration award. If a 12 manufacturer fails to comply within the time required, the 13 consumer must notify the program administrator in writing 14 within 10 days. The program administrator shall notify the 15 department of a manufacturer's failure to comply. The 16 department shall have the authority to enforce compliance with 17 arbitration decisions under this section in the same manner as 18 is provided for enforcement of compliance with board decisions 19 under s. 681.1095(10). In any civil action arising under this 20 chapter and relating to a dispute arbitrated pursuant to this 21 section, the decision of the arbitrator is admissible in 22 evidence. 23 (6) Except as otherwise provided, all provisions in 24 this section pertaining to mandatory mediation and 25 arbitration, eligibility screening, mediation proceedings, 26 arbitration hearings and decisions, and any appeals thereof 27 are exempt from the provisions of chapter 120. 28 (7) Either party may make application to the circuit 29 court for the county in which one of the parties resides or 30 has a place of business or, if neither party resides or has a 31 place of business in this state, the county where the 28 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 arbitration hearing was held, for an order confirming, 2 vacating, modifying, or correcting any award, in accordance 3 with the provisions of this section and ss. 682.12, 682.13, 4 682.14, 682.15, and 682.17. Such application must be filed 5 within 30 days of the moving party's receipt of the written 6 decision or the decision becomes final. Upon filing such 7 application, the moving party shall mail a copy to the 8 department and, upon entry of any judgment or decree, shall 9 mail a copy of such judgment or decree to the department. A 10 review of such application by the circuit court shall be 11 confined to the record of the proceedings before the program 12 arbitrator. The court shall conduct a de novo review of the 13 questions of law raised in the application. In addition to the 14 grounds set forth in ss. 682.13 and 682.14, the court shall 15 consider questions of fact raised in the application. In 16 reviewing questions of fact, the court shall uphold the award 17 unless it determines that the factual findings of the 18 arbitrator are not supported by substantial evidence in the 19 record and that the substantial rights of the moving party 20 have been prejudiced. If the arbitrator fails to state 21 findings or reasons for the stated award, or the findings or 22 reasons are inadequate, the court shall search the record to 23 determine whether a basis exists to uphold the award. The 24 court shall expedite consideration of any application filed 25 under this section on the calendar. 26 (a) If a decision of a program arbitrator in favor of 27 a consumer is confirmed by the court, recovery by the consumer 28 shall include the pecuniary value of the award, attorney's 29 fees incurred in obtaining confirmation of the award, and all 30 costs and continuing damages in the amount of $25 per day for 31 each day beyond the 40-day period following a manufacturer's 29 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 receipt of the arbitrator's decision. If a court determines 2 the manufacturer acted in bad faith in bringing the appeal or 3 brought the appeal solely for the purpose of harassment, or in 4 complete absence of a justiciable issue of law or fact, the 5 court shall double, and may triple, the amount of the total 6 award. 7 (b) An appeal of a judgment or order by the court 8 confirming, denying confirmation, modifying or correcting, or 9 vacating the award may be taken in the manner and to the same 10 extent as from orders or judgments in a civil action. 11 (8) The department shall have the authority to adopt 12 reasonable rules to carry out the provisions of this section. 13 Section 9. Section 681.113, Florida Statutes, is 14 amended to read: 15 681.113 Dealer liability.--Except as provided in ss. 16 681.103(3) and 681.114(2), nothing in this chapter imposes any 17 liability on a dealer as defined in s. 320.60(11)(a) or 18 creates a cause of action by a consumer against a dealer, 19 except for written express warranties made by the dealer apart 20 from the manufacturer's warranties. A dealer may not be made 21 a party defendant in any action involving or relating to this 22 chapter, except as provided in this section. The manufacturer 23 shall not charge back or require reimbursement by the dealer 24 for any costs, including, but not limited to, any refunds or 25 vehicle replacements, incurred by the manufacturer arising out 26 of this chapter, in the absence of evidence that the related 27 repairs had been carried out by the dealer in a manner 28 substantially inconsistent with the manufacturer's published 29 instructions. 30 Section 10. Subsections (1) and (3) of section 31 681.114, Florida Statutes, are amended to read: 30 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 681.114 Resale of returned vehicles.-- 2 (1) A manufacturer who accepts the return of a motor 3 vehicle by reason of a settlement, determination, or decision 4 pursuant to this chapter shall notify the department of Legal 5 Affairs and report the vehicle identification number of that 6 motor vehicle within 10 days after such acceptance, transfer, 7 or disposal of the vehicle, whichever occurs later. 8 (3) As used in this section, the term "settlement" 9 means an agreement entered into between a manufacturer and 10 consumer that occurs after a dispute is submitted to a 11 procedure or program or is approved for arbitration before the 12 board. 13 Section 11. Paragraph (c) of subsection (1) of section 14 319.14, Florida Statutes, 1996 Supplement, is amended to read: 15 319.14 Sale of motor vehicles registered or used as 16 taxicabs, police vehicles, lease vehicles, or rebuilt vehicles 17 and nonconforming vehicles.-- 18 (1) 19 (c) As used in this section: 20 1. "Police vehicle" means a motor vehicle owned or 21 leased by the state or a county or municipality and used in 22 law enforcement. 23 2. "Lease vehicle" means a motor vehicle leased 24 without a driver and under a written agreement to one person 25 for a period of 12 months or longer or to one or more persons 26 from time to time for a period of less than 12 months. 27 3. "Rebuilt vehicle" means a motor vehicle or mobile 28 home built from salvage or junk, as defined in s. 319.30(1). 29 4. "Assembled from parts" means a motor vehicle or 30 mobile home assembled from parts of motor vehicles or mobile 31 homes, new or used. "Assembled from parts" does not mean a 31 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 motor vehicle defined as a "rebuilt vehicle" in subparagraph 2 3., which has been declared a total loss pursuant to s. 3 319.30. 4 5. "Combined" means assembled by combining two motor 5 vehicles neither of which has been titled and branded as 6 "Salvage Unrebuildable." 7 6. "Kit car" means a motor vehicle assembled with a 8 kit supplied by a manufacturer to rebuild a wrecked or 9 outdated motor vehicle with a new body kit. 10 7. "Glider kit" means a vehicle assembled with a kit 11 supplied by a manufacturer to rebuild a wrecked or outdated 12 truck or truck tractor. 13 8. "Replica" means a complete new motor vehicle 14 manufactured to look like an old vehicle. 15 9. "Flood vehicle" means a motor vehicle or mobile 16 home that has been declared to be a total loss pursuant to s. 17 319.30(3)(a) resulting from damage caused by water. 18 10. "Nonconforming vehicle" means a motor vehicle 19 which has been purchased by a manufacturer pursuant to a 20 settlement, determination, or decision under chapter 681. 21 11. "Settlement" means an agreement entered into 22 between a manufacturer and a consumer that occurs after a 23 dispute is submitted to a program, or an informal dispute 24 settlement procedure established by a manufacturer or is 25 approved for arbitration before the New Motor Vehicle 26 Arbitration Board as defined in s. 681.102. 27 Section 12. This act shall take effect upon becoming a 28 law, and shall apply to all motor vehicles acquired on or 29 after October 1, 1997. 30 31 32 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1495 548-121A-97 1 ***************************************** 2 HOUSE SUMMARY 3 Revises the Motor Vehicle Warranty Enforcement Act to 4 provide for coverage for recreational vehicles. See bill for details. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 33