Florida Lemon Laws - Recreation Vehicles

The living facilities of recreation vehicles are NOT COVERED under Florida's Lemon Law. That doesn't mean your RV has no coverage at all.

Purchasers of new or demonstrator recreation vehicles (not van or truck conversions) should be provided with the "Consumer Guide to the Florida Lemon Law" by their selling dealer at the time of purchase. The Consumer Guide contains a section that explains Lemon Law coverage for recreation vehicles. If you did not receive a Consumer Guide when you purchased your vehicle, call 1-800-321-5366 (1-850-488-2221 if outside Florida) to request a Guide. Recreation vehicle manufacturers are also required to inform consumers how and where to file a claim with the Pilot RV Mediation/Arbitration Program. This information must be provided in writing at the time of acquisition of the recreation vehicle.

Certain parts or components of recreation vehicles are NOT COVERED under Florida's Lemon Law. These are referred to in the law as the "living facilities," which are defined as portions of the vehicle designed, used or maintained primarily as living quarters, such as the flooring, plumbing system and fixtures, roof air conditioner, furnace, generator, electrical systems other than automotive circuits, the side entrance door, exterior components and windows other than the windshield and driver and front passenger windows. This is not a complete list.

The Lemon Law rights period for recreation vehicles is 24 months from the date of delivery, just like for other motor vehicles; however, other time periods are different and consumers should read the Consumer Guide for more information.

IMPORTANT: Recreation vehicles are often made and assembled by more than one manufacturer, each of which may separately warrant its product. RV Consumers should receive all applicable warranties from the selling dealer at the time of purchase and these documents should be kept in a place of ready reference at all times. Repair of defective components should be sought from the service agent who is authorized to perform the repair by the manufacturer that warrants the component. Consult the warranty and/or owner's manual of the manufacturer(s) whose component(s) are believed to be defective to find out where to take the RV for repair. Service agents that perform any examination or repair under the manufacturer's warranty must provide the consumer with a written, legible repair order each time the vehicle is brought to the shop. Keep records of all repairs and required maintenance, and the mileage associated with warranty repairs.

If the recreation vehicle has been subjected to at least three repair attempts for the same defect that is not a defective living facility component, or has been out of service for repair of one or more defects that are not defective living facility components for 15 or more days, then, written notification must be sent to each manufacturer (not the dealer) which may provide warranty coverage of the defects. If the consumer is not certain which manufacturer's warranty covers the complaint, it is better to send the notification to all potentially responsible manufacturers. The Motor Vehicle Defect Notification form may be used for this purpose or you may send a letter. The notification must be sent by registered or express mail. Click here for the Instructions and Motor Vehicle Defect Notification form. Please refer to the section about Recreation Vehicles in the "Consumer Guide to the Florida Lemon Law" for further information about notification, manufacturer response and time requirements, as these provisions are different for recreation vehicles.

Recreation vehicle consumers who wish to pursue the remedies available under Florida's Lemon Law, are required to submit their disputes to the RV Mediation/Arbitration Program, which is currently administered by the Collins Center for Public Policy, Inc., in Tallahassee, Florida. To submit a claim, call the Collins Center for Public Policy at 1-888-505-8592 and ask for a RV Program Request for Mediation/Arbitration form. The claim must be filed with the Collins Center for Public Policy within 60 days after the expiration of the Lemon Law rights period, which is 24 months from the date of delivery of the vehicle to the consumer. DO NOT DELAY! RV consumers are NOT required to submit to any other manufacturer-sponsored program or the state-run program.

If the claim is determined to be eligible, the Collins Center for Public Policy will schedule it for a mediation conference. The Collins Center for Public Policy Program Administrator will provide all parties with a procedural guide to assist them in presenting their claims. There is no charge to consumers for using this program, the program is funded by the recreation vehicle manufacturers

Mediation is a process in which parties to a dispute and a mediator (a neutral facilitator) meet to discuss settlement. Mediation is mandatory for both the consumer and the involved RV manufacturer(s), unless the dispute is settled before the scheduled mediation conference. The mediator is selected and assigned by the Collins Center for Public Policy from a panel of certified mediators who have received training in the Lemon Law and program procedures. The mediation conference will be held in a location that is reasonably convenient for the consumer and the conference is confidential; however, monitors from the Office of the Attorney General may be present. At the mediation conference, the mediator assists the parties to reach a mutually acceptable settlement of the dispute; however, the mediator cannot impose any settlement upon the parties. If the parties reach a settlement during the mediation conference, or at any time after the dispute has been submitted to the Collins Center for Public Policy, the settlement terms must be detailed in writing on a required form, signed by all parties and filed with the Collins Center for Public Policy. Settlement agreements are NOT CONFIDENTIAL. If the parties do not reach agreement during the mediation conference, this is called an "impasse." The mediator will notify the Collins Center for Public Policy of an impasse and the dispute will proceed to arbitration.

If the claim proceeds to arbitration, the Collins Center for Public Policy will assign an arbitrator and notify the parties of the date, time and location of the arbitration hearing. The arbitrator will not be the same person who served as the mediator during the prior mediation conference. Arbitration is mandatory for both the consumer and the involved manufacturer(s), unless the dispute is settled before the arbitration hearing. Arbitration hearings will be held in locations that are reasonably convenient for the consumer in the State of Florida, and are open to the public. The arbitrator will conduct a hearing and afford each party a full and equal opportunity to present evidence and sworn testimony. The hearing will be tape recorded by the arbitrator. After hearing all testimony and evidence, the arbitrator will declare the record closed and will issue a written decision within 10 days of the closing of the record. The decision will be sent to all parties by registered mail by the Collins Center for Public Policy.

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