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
Findings Of Fact Based upon the evidence adduced at hearing, and the record as a whole, the following Findings of Fact are made: On or about October 1, 1994, Petitioner purchased from Triangle Auto Center Inc., d/b/a Toyota of Hollywood (hereinafter referred to as the "Dealer"), a Broward County, Florida automobile dealer, a used 1994 Chevrolet Cavalier, which had been driven 7,726 miles. Petitioner had been told by the Dealer, before the purchase, that the vehicle had been used by its previous owner "to drive documents to the airport." At the time Petitioner purchased the vehicle, it was still under factory warranty. Thereafter, various problems developed with the vehicle, the worst and most persistent of which involved the vehicle's tires and brakes. These problems have yet to be completely remedied. Petitioner reported the problems she was experiencing with her vehicle to the Dealer. The Dealer told Petitioner that it was unable to help her. At the Dealer's suggestion, Petitioner telephoned and wrote letters of complaint to the manufacturer of the vehicle. The manufacturer advised Petitioner to file a complaint/arbitration request with the Better Business Bureau's Auto Line program (hereinafter referred to as the "BBB program"), an arbitration program in which the manufacturer participates. Petitioner followed the advice she was given and filed a complaint/arbitration request with the BBB program. On September 29, 1995, the BBB program sent Petitioner a letter notifying her that the arbitrator who had heard her case had determined that she was not entitled to any relief from the manufacturer. The letter further advised Petitioner of the following: The enclosed decision is not binding on the consumer. The consumer may reject this decision and, if eligible, may pursue arbitration with the Florida New Vehicle Arbitration Board administered by the Office of the Attorney General. To obtain information about eligibility for the state run program, the consumer should contact the Division of Consumer Services' Lemon Law hotline at 1-800-321-5366. Please be advised that Section 681.109(4), F.S., provides that the consumer must file the request for arbitration within 6 months after the expiration of the Lemon Law rights period, or within 30 days after the final action of a certified dispute-settlement procedure, whichever occurs later. Petitioner rejected the arbitrator's decision. On October 23, 1995, Petitioner filed with the Department a Request for Arbitration by the Florida New Motor Vehicle Arbitration Board. By letter dated November 9, 1995, the Department advised Petitioner that "a determination ha[d] been made in accordance with Section 681.109 Florida Statutes to reject [her request because her] vehicle was not purchased new in Florida."
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Department enter a final order denying Petitioner's request for arbitration. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 3rd day of April, 1996. STUART M. LERNER, 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 3rd day of April, 1996.
The Issue Whether Petitioner's request for arbitration by the Florida New Motor Vehicle Arbitration Board pursuant to Chapter 681, Florida Statutes, should be granted.
Findings Of Fact On October 12, 1994, Petitioner signed a "Request for Arbitration by the Florida New Motor Vehicle Arbitration Board" (hereinafter referred to as the application). This application was received by Respondent on October 14, 1994. Petitioner's application represented the following: He took delivery of the subject automobile on October 6, 1992. The automobile mileage at the time of delivery was 14 miles. The approximate date he put 24,000 miles on the automobile was August 25, 1993. There was no appearance by or on behalf of the Petitioner at the formal hearing. The notice of hearing accurately set forth the date, time, and location of the formal hearing. This notice was duly mailed to the address that the Petitioner had provided and contained the following warning: "Failure to appear at this hearing shall be grounds for entry of an order of dismissal or recommended order of dismissal, as appropriate."
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner's "Request for Arbitration by the Florida New Motor Vehicle Arbitration Board" be dismissed. DONE AND ENTERED this 30th day of March, 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 30th day of March, 1995. COPIES FURNISHED: John S. Koda, Esquire Department of Agriculture and Consumer Services Mayo Building, Room 515 Tallahassee, Florida 32399-0800 Mr. Carlos M. R. Romeo 9977 Westview Drive #114 Coral Springs, Florida 33076 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 The issue in this case is whether Respondent properly denied Petitioners' request for arbitration before the Florida New Motor Vehicle Arbitration Board.
Findings Of Fact Respondent is the state agency charged with the responsibility to receive and evaluate customer complaints and requests for arbitration in disputes with automobile manufacturers and dealers doing business in the state of Florida. Respondent's duty includes determining whether a request for arbitration qualifies under Section 681.109, Florida Statutes, for referral to the Florida New Motor Vehicle Arbitration Board. Petitioners took delivery of a new Ford motor vehicle on February 3, 1992. Thereafter, Petitioners began having problems with the automobile's engine, windshield wipers, driver's window and power steering. Petitioners reported these problems to the authorized service agent for the first time on or about January 13, 1993. The mileage on the automobile was approximately 11,000 miles at that time. The authorized dealer attempted to repair the subject motor vehicle on January 13, 1993, February 9, 1993, and December 1, 1993. In January of 1994, the automobile had been operated for 24,000 miles. The authorized dealer again attempted to repair the subject vehicle on March 9, 1994. Petitioners completed a Vehicle Defect Notification on August 15, 1994. The purpose of this notice was to inform the manufacturer of the unsuccessful repair attempts. Ford Motor Company received this notice on August 18, 1994. The mileage on the automobile at that time was 29,569 miles. On August 23, 1994, the authorized dealer made a final attempt to repair the subject automobile. At all times material to this proceeding, Ford Motor Company participated in a state certified dispute settlement program. On October 5, 1994, Petitioners completed a Dispute Settlement Board Application. The Dispute Settlement Board received Petitioners' application on October 17, 1994. Petitioners took their automobile to the authorized dealer on October 27, 1994, because the engine light was on. The Dispute Settlement Board considered Petitioners' case on November 17, 1994. By letter dated November 19, 1994, the Dispute Settlement Board notified Petitioners that Ford Motor Company would repair the automobile's window and windshield wipers with no expense to Petitioners. The Dispute Settlement Board also informed Petitioners that Ford Motor Company would not be required to repair the engine, speaker, and rear view mirror concerns because, according company and authorized dealer reports dated October 31, 1994, those problems were resolved. On December 17, 1994, Petitioners completed a Request for Arbitration form. Respondent received this request on December 22, 1994. Respondent's letter of January 23, 1995, informed Petitioners that their arbitration application was not properly documented concerning the vehicle finance agreement. Respondent directed Petitioners to re-file their application with the proper documentation. Respondent also advised Petitioners that the application might be rejected as untimely. On or before February 3, 1995, Petitioners re-submitted their arbitration application. Respondent rejected Petitioners' arbitration application as untimely. Subsequently, Petitioners filed a request for an administrative hearing to contest the denial of their application. Upon receipt of Petitioners' request for administrative hearing, Respondent reviewed Petitioners' file again. After this review, Respondent sent Petitioners a May 25, 1994, letter which erroneously determined that Petitioners' request for arbitration was eligible for referral to the Florida New Motor Vehicle Arbitration Board. This letter correctly determined that the subject vehicle reached 24,000 after January 1, 1994. However, it incorrectly determined that the Lemon Law rights period had been extended to January 1, 1995. By letter dated June 8, 1995, Respondent corrected its erroneous decision, withdrew the letter of May 25, 1995, and reinstated the letter of February 3, 1995. The initial Lemon Law rights period expired on August 3, 1993, eighteen (18) months after the date of delivery of the subject motor vehicle. Therefore it is irrelevant that the car did not accumulate 24,000 miles until January of 1994. Respondent correctly extended the initial Lemon Law rights period for six (6) months, until February 3, 1994, because: (1) Petitioners notified the authorized dealer about the automobile's nonconformance with warranty within the initial Lemon Law rights period; and (2) The authorized dealer did not cure the defects within the initial Lemon Law rights period. In order to be eligible for arbitration, Petitioners had to file their claim with the certified dispute settlement board within six (6) months of the expiration of the extended Lemon Law rights period which, in this case, was August 3, 1994. Petitioners were not entitled to file their request for arbitration within thirty (30) days after final action of the certified dispute settlement procedure because they did not even start that procedure until the time to file a request for arbitration had expired.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent enter a final order denying Petitioners' Request for Arbitration by the Florida New Motor Vehicle Arbitration Board on grounds that the request was not timely. DONE AND ENTERED this 26th day of February, 1996, in Tallahassee, Florida. SUZANNE HOOD, HEARING OFFICER 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 26th day of February, 1996. APPENDIX TO RECOMMENDED ORDER CASE NO. 95-4772 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on Respondent's Proposed Findings of Fact. Respondent's Proposed Findings of Fact 1-11 are accepted in substance as restated in Findings of Fact 1-20 of this Recommended Order. COPIES FURNISHED Carlton and Patricia Jones 804 Pheasant Court West Jacksonville, FL 32259 Rhonda Long Bass, Esquire Department of Agriculture and Consumer Services Mayo Building, Room 515 Tallahassee, FL 32399-0800 The Honorable Bob Crawford Commissioner of Agriculture Department of Agriculture and Consumer Services The Capitol, PL-10 Tallahassee, FL 32399-0810 Richard Tritschler, General Counsel Department of Agriculture and Consumer Services The Capitol, PL-10 Tallahassee, FL 32399-0810
