The Issue The issue for consideration in this matter is whether Petitioner's request for arbitration before the Florida New Motor Vehicle Arbitration Board should be denied as untimely.
Findings Of Fact The Department's Division of Consumer Services is the state agency in Florida charged with the responsibility to receive and evaluate requests for arbitration before the Florida New Motor Vehicle Arbitration Board (Board), submitted by purchasers of new motor vehicles in this state. If a request qualifies for arbitration and is timely filed, the matter is referred to the Florida Attorney General for further processing and action. On September 10, 1993, Petitioner took delivery of a new Ford Escort automobile from Ken Marks Ford in Clearwater, Florida. The mileage reflected on the odometer at the time of delivery was 26 miles. Petitioner claims that at the time he took delivery of the vehicle, he was not furnished with a copy of the Attorney General's brochure entitled Preserving Your Rights Under the Florida Lemon Law, nor was he given any other information, either in person or in writing, from the dealer or from anyone else, regarding the operation of the Lemon Law program. However, at hearing he indicated that he had a copy of the pamphlet as early as October 13, 1995, when he signed the Defect Notification form which is included within the pamphlet. The pamphlet clearly outlines the benefits, requirements and time limits pertinent to the program. From the very beginning of his ownership, Petitioner experienced difficulty with the vehicle. His first problem, requiring the replacement of the right head lamp assembly, took place on September 13, 1993, only three days after delivery and continued until December, 1995. He experienced problems with several systems at least three times each. These included squealing brakes, the right seat belt, the alarm light, the tachometer, the gas pedal and the idle. By the time he took the vehicle in for the third time for the most recent problem, the odometer registered 30,710 miles. He claims to have notified the manufacturer in writing of this problem on October 18, 1995. Mr. Maxwell accumulated 24,000 miles on his vehicle on or before January 4, 1995. It was on that date, when he brought the vehicle to the dealer for the third time for the squeaking brakes, the alarm light and the seat belt problems, that the odometer showed 24,035 miles. Even though the initial Lemon law period expired at 24,000 miles, Petitioner was potentially eligible for a six month extension of the original rights period because several complaints registered with the dealer during the initial period remained uncorrected at that time. The six months extension expired on or before July 4, 1995. Under the Florida Lemon Law, consumers are entitled to file for relief under the statute for a period of up to six months after the expiration of the Lemon Law rights period. In this case, because of the six month extension, the filing deadline of six months expired no later than January 4, 1996. In October 1995, Petitioner contacted Ford's Customer Assistance Center and requested information regarding correction of his problems. In response he received a customer satisfaction questionnaire but no assistance with his difficulties. Thereafter, he contacted the Department to request the form for filing the Request for Arbitration on November 11, 1995. Subsequent to the receipt of the Request for Arbitration from the Division, Mr. Maxwell engaged in several telephone negotiations with representatives of Ford Motor Company and received oral settlement offers from the company, including either a replacement automobile or a total refund. When Mr. Maxwell elected to receive a refund, he was told that the Ford representative would get back to him but no one from either Ford Motor Company or Ken Marks Ford ever did. Petitioner believes he was misled by both so that he would thereafter become ineligible for participation in the arbitration program. Ford Motor Company has no state- certified settlement procedure. Petitioner's Request for Arbitration reflects January 6, 1996 as the date of execution. It was received in the Division of Consumer Services on January 10, 1996. It was subsequently reviewed and rejected as untimely by the Division on January 16, 1996.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of Agriculture and Consumer Services enter a Final Order denying Petitioner's Request for Arbitration as untimely. DONE and ENTERED this 7th day of June, 1996, in Tallahassee, Florida. ARNOLD H. POLLOCK, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 7th day of June, 1996. COPIES FURNISHED: Paul D. Maxwell 775 Lantana Avenue Clearwater Beach, Florida 34630 Rhonda Long Bass, Esquire Department of Agriculture and Consumer Services 515 Mayo Building Tallahassee, Florida 32399-0800 Honorable Bob Crawford Commissioner of Agriculture The Capitol, PL-10 Tallahassee, Florida 32399-0810 Richard Tritschler General Counsel Department of Agriculture and Consumer Services The Capitol, PL-10 Tallahassee, Florida 32399-0810
The Issue This issue on this case is whether the Petitioner filed a timely Request for Arbitration by the Florida New Motor Vehicle Arbitration Board.
Findings Of Fact On December 30, 1993, William Coyle took delivery of a new 1994 Pontiac Bonneville. At the time the car was delivered to Mr. Coyle, the odometer indicated that the vehicle had been driven five miles. Soon after taking delivery of the vehicle, Mr. Coyle began experiencing problems with the car, including failure of the car ignition on several occasions, and a malfunctioning oil pressure indicator. On repeated occasions, Mr. Coyle returned the car to the dealer for repair. According to Mr. Coyle, the dealer was unable to fix the problems with the car. On or about July 7, 1995, Mr. Coyle filed a Motor Vehicle Defect Notification form. Although Mr. Coyle mistakenly dated the form as "7/7/94," the evidence establishes that the form was actually filed in 1995. Filing a Motor Vehicle Defect Notification form triggers a final opportunity for a vehicle manufacturer to correct the alleged defect. One copy of the notification form goes to the manufacturer. A second copy of the form goes to the Office of the Florida Attorney General. After the Motor Vehicle Defect Notification form was filed, the vehicle apparently was not repaired to Mr. Coyle's satisfaction. As set forth in Chapter 681, Florida Statutes, a consumer's rights under the Lemon Law extend for 18 months or 24,000 miles, whichever occurs first, and may possibly be extended an additional 6 months for those problems which have not been corrected in the initial period. Based on the repair records, Mr. Coyle's vehicle had been driven in excess of 24,000 miles by October 7, 1994. Assuming that Mr. Coyle was entitled to a six month deadline extension as provided by law, Mr. Coyle's Lemon Law rights expired on April 7, 1995. The applicable statute provides a period of six months following the expiration of the Lemon Law rights period by which a consumer must file a Request for Arbitration by the Florida New Motor Vehicle Arbitration Board. Mr. Coyle's Request for Arbitration was required to be filed not later than October 7, 1995. Mr. Coyle filed a Request for Arbitration by the Florida New Motor Vehicle Arbitration Board on December 12, 1995. By letter dated December 28, 1995, Mr. Coyle was notified by the Department of Agriculture and Consumer Services, that his request for arbitration was being rejected. As grounds for the rejection, the letter states: The lemon law rights period, as defined by Chapter 681, F.S., is 18 months or 24,000 miles, whichever occurs first, and may possibly be extended an additional 6 months for those problems which have not been corrected in the initial rights period. The Request for Arbit- ration should be received by this office with- in 6 months of the conclusion of the lemon law rights period or any extended time allowances. The attached Invoice number 6946, dated 10-07- 94, reflects that the mileage at the time of that repair to be 27,494. Since 24,000 miles apparently were exceeded prior to 10-07-94, your initial rights period ended at some point before that date. If a 6 month extension was allowed following the end of your rights period, the expiration of that extension would have occurred prior to 04-07-95. This would require that your Request for Arbitration be received by this office prior to October 07, 1995. Your application was signed December 05, 1995, post- marked 12-07-95, and received by this office 12-12-95. Reviewing all these dates, it is concluded that your application was not sub- mitted in a timely manner and must be rejected.... The evidence establishes that Mr. Coyle's Request for Arbitration by the Florida New Motor Vehicle Arbitration Board was not filed by the proper deadline and must be rejected. Mr. Coyle asserts that he filed a Motor Vehicle Defect Notification on or about July 7, 1995, and that such notice is sufficient to qualify as a Request for Arbitration by the Florida New Motor Vehicle Arbitration Board. A Motor Vehicle Defect Notification is a separate document from a Request for Arbitration by the Florida New Motor Vehicle Arbitration Board. The forms are filed with different agencies. The filing of a Motor Vehicle Defect Notification does not constitute a Request for Arbitration by the Florida New Motor Vehicle Arbitration Board.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Department of Agriculture and Consumer Services enter a Final Order denying Petitioner's request for arbitration by the Florida New Motor Vehicle Arbitration Board. DONE and ENTERED this 31st day of May, 1996 in Tallahassee, Florida. WILLIAM F. QUATTLEBAUM, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 31st day of May 1996. APPENDIX TO RECOMMENDED ORDER, CASE NO. 96-0744 The Petitioner did not file proposed findings of fact. To comply with the requirements of Section 120.59(2), Florida Statutes, the following constitute rulings on proposed findings of facts submitted by the Respondent. The Respondent's proposed findings of fact are accepted as modified and incorporated in the Recommended Order except as follows: 1, 10. Rejected, unnecessary. COPIES FURNISHED: Honorable Bob Crawford Commissioner of Agriculture Department of Agriculture and Consumer Services The Capitol, PL-10 Tallahassee, Florida 32399-0810 Richard Tritschler, General Counsel Department of Agriculture and Consumer Services The Capitol, PL-10 Tallahassee, Florida 32399-0810 William Coyle, pro se 2403 Vandervort Road Lutz, Florida 33549 Rhonda Long Bass, Esquire Department of Agriculture and Consumer Services Mayo Building, Room 515 Tallahassee, Florida 32399-0800
The Issue Whether Petitioner's request for arbitration before the Florida New Motor Vehicle Arbitration Board should be granted.
Findings Of Fact Petitioner, Danielle Manfredo (Manfredo), purchased a 1992 Mitsubishi Eclipse from Leheman Mitsubishi in Miami, Florida, on November 5, 1992, and took possession of the vehicle on the same date. When Manfredo purchased the automobile she was given an owner's manual for a 1993 Mitsubishi Eclipse. She did not receive a brochure concerning the Florida Lemon Law nor was she provided any information by the car dealer concerning her rights under the Florida Lemon Law. In January, 1993, Manfredo began experiencing problems with the vehicle and continued experiencing problems into 1995. The two primary problems dealt with the transmission and the car pulling to the right. Manfredo continued to take the car in for repairs. In August, 1995, Manfredo obtained a Lemon Law form from her future mother-in-law. On August 25, 1995, Manfredo sent a Motor Vehicle Notification to the manufacturer and to the Attorney General. Respondent, Department of Agriculture and Consumer Affairs, Division of Consumer Affairs (Department) is the state agency charged with the responsibility to receive and evaluate Requests for Arbitration before the Florida New Motor Vehicle Arbitration Board for referral to the Attorney General for further processing and action. On September 27, 1995, Manfredo called the Department to get an application for arbitration. On October 17, 1995, she filed a Request for Arbitration by the Florida New Motor Vehicle Arbitration Board. By letter dated November 8, 1995, the Department denied Manfredo's request for arbitration, stating that the request was not timely. The latest possible date Manfredo could have filed a request for arbitration was May 5, 1995. Manfredo's request for arbitration was not timely filed. The Vehicle Defect Notification and the Request for Arbitration are not the same document and do not serve the same purpose. Mitsubishi does not have a state-certified manufacturer procedure.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered denying Danielle Manfredo's request for arbitration. DONE AND ENTERED this 11th day of April, 1996, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of April, 1996. APPENDIX TO RECOMMENDED ORDER, CASE NO. 96-192 To comply with the requirements of Section 120.59(2), Florida Statutes (1995), the following rulings are made on the parties' proposed findings of fact: Petitioner's Proposed Findings of Fact. No proposed recommended order was filed. Respondent's Proposed Findings of Fact. 1. Paragraphs 1-12: Accepted in substance. COPIES FURNISHED: Danielle Manfredo 1412 Southwest 129th Court Miami, Florida 33184 Rhonda Long Bass, Esquire Department of Agriculture and Consumer Services Mayo Building, Room 515 Tallahassee, Florida 32399-0800 Richard Tritschler General Counsel Department of Agriculture and Consumer Services The Capitol, PL-10 Tallahassee, Florida 32399-0810 Honorable Bob Crawford Commissioner of Agriculture The Capitol, PL-10 Tallahassee, Florida 32399-0810
The Issue The issue for determination is whether Respondent properly denied Petitioner’s request for arbitration before the Florida New Motor Vehicle Arbitration Board.
Findings Of Fact Respondent is the Florida Department of Agriculture And Consumer Services, Division of Consumer Services. Respondent administers the “Motor Vehicle Enforcement Warranty” set forth in Chapter 681, Florida Statutes, inclusive of the Florida New Vehicle Arbitration Board. Petitioner is a consumer who took delivery of the then new motor vehicle at issue on December 8, 1995. He received no information from the dealership where he purchased the vehicle concerning his rights to access to Respondent’s arbitration program. On June 1, 1998, Respondent received Petitioner’s request for arbitration. Petitioner’s vehicle had 24,000 miles on it at that time. Petitioner’s arbitration request disclosed vehicle problems requiring at least three repair attempts. Petitioner’s request failed to provide a copy of any written defect notification, or other written notification to the manufacturer of the vehicle. In his arbitration application and later at the final hearing, Petitioner maintained that he had provided the manufacturer with such written notification. However, despite Respondent’s repeated request of Petitioner to provide Respondent with copies of that notification, Petitioner failed to provide any such documentation. The fourth notice by Respondent to Petitioner informed him that a copy of such notification must be received by Respondent no later than August 3, 1998. Petitioner failed to provide Respondent with a copy of the manufacturer notification by the deadline of August 3, 1998. Thereafter, by letter dated August 5, 1998, Respondent notified Petitioner that his request for arbitration was denied as ineligible. At the final hearing, the testimony of Respondent’s spokesman, James D. Morrison, established that Petitioner’s failure to provide Respondent with a copy of the Motor Vehicle Defect Information form sent to the manufacturer by Petitioner was the sole reason that Petitioner’s application for arbitration was denied. As further established by Morrison’s testimony, the rationale of Respondent for the requirement of the copy of Petitioner’s notification to the manufacturer, and copy of receipt of acceptance by the manufacturer, is to ascertain that Petitioner has complied with Section 681.104, Florida Statutes, requiring that all applicants for arbitration first notify the vehicle manufacturer by registered or express mail of such application.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that Respondent enter a final order denying Petitioner’s application. DONE AND ENTERED this 7th day of April, 1999, in Tallahassee, Leon County, Florida. DON W. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 7th day of April, 1999. COPIES FURNISHED: Howard C. Holtzendorf, Esquire Department of Agriculture and Consumer Services Mayo Building, Room 515 Tallahassee, Florida 32399-0800 Arthur H. Baredian 275 Ravine Street Jacksonville, Florida 32206 Richard Tritschler, General Counsel Department of Agriculture and Consumer Services The Capitol, Plaza Level 10 Tallahassee, Florida 32399-0810 Bob Crawford, Commissioner of Agriculture Department of Agriculture and Consumer Services The Capitol, Plaza Level 10 Tallahassee, Florida 32399-0810
The Issue Whether the Petitioners' Request for Arbitration by the Florida New Motor Vehicle Arbitration Board should be granted or denied.
Findings Of Fact Pursuant to Section 681.109, Florida Statutes, Respondent's Division of Consumer Services is the state agency in Florida charged with the responsibility to receive and evaluate consumer requests for arbitration pursuant to Chapter 681, which is officially known as the Motor Vehicle Warranty Enforcement Act, but which is more commonly referred to as the "Lemon Law". As part of its responsibilities, the Division of Consumer Services determines whether complaints it receives from consumer against manufacturers pursuant to the "Lemon Law" qualify for referral to the Department of Legal Affairs for further proceedings before the Florida New Motor Vehicle Arbitration Board. 1/ On March 29, 1995, Respondent received and filed Petitioners' Request for Arbitration under the provisions of the Lemon Law. Section 681.102(9), Florida Statutes, defines the "Lemon Law rights period" as being ". . . the period ending 18 months after the date of the original delivery of a motor vehicle to a consumer or the first 24,000 miles of operation, whichever first occurs." The automobile that is the subject of Petitioners' complaint is a Toyota Camry. The Petitioners took delivery of this vehicle on July 25, 1992, the date they leased the vehicle from a Toyota dealer. Eighteen months from July 25, 1992, is January 25, 1994. It was not until September 1, 1994, that Petitioners put 24,000 miles on the vehicle. The initial Lemon Law period, as defined by Section 681.102(9), Florida Statutes, expired for the subject vehicle on January 25, 1994. Petitioners made complaints to the dealer prior to January 25, 1994, that remained uncured after January 25, 1994. Because of those complaints, the Respondent assumed that the Lemon Law period was extended for an additional six month period pursuant to Section 681.104(3)(b), Florida Statutes. Considering the evidence in the light most favorable to the Petitioners, the Respondent determined that the extended Lemon Law period expired July 25, 1994. It is found that the extended Lemon Law period for the subject vehicle expired on or before July 25, 1994. Pertinent to this proceeding, Section 681.109(4), Florida Statutes, provides that a consumer must request arbitration before the Arbitration Board within six months after the expiration of the extended Lemon Law rights period. Because of that provision, the Petitioners had until January 25, 1995, to file its request for relief under the Lemon Law. The request for relief under the Lemon Law, first filed by Petitioners on March 29, 1995, was not timely.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent enter a final order that denies the Petitioners' Request for Arbitration by the Florida New Motor Vehicle Arbitration Board on the grounds that the request was not timely. DONE AND ENTERED this 19th day of October, 1995, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of October, 1995.
