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 The issue for consideration in this hearing is whether Petitioner is entitled to arbitration under the Florida Lemon Law, concerning his 1994 Ford Explorer, purchased on May 17, 1994.
Findings Of Fact At all times pertinent to the issues herein, the Respondent, DOA, was the state agency responsible for the receipt, evaluation and, when appropriate, forwarding of consumer RFAs to the Florida New Motor Vehicle Arbitration Board conducted by the Attorney General of the State of Florida. On May 17, 1994, Petitioner, Kenneth P. Williamson, purchased a new 1994 Ford Explorer sport utility vehicle from Gator Ford in Tampa, Florida. Almost from the beginning, Petitioner experienced a vibration of the entire vehicle when a speed of more than fifty miles per hour was achieved. After several repair attempts, when the Petitioner had driven the vehicle for 12,000 miles without any relief from the problem, he took it back to Gator Ford for repairs. Gator’s efforts did not detect the cause of the problem or correct it. At some later point in time, when sought, no paper work relating to that service call could be found at Gator Ford. Thereafter, however, Petitioner took the vehicle to Carl Flammer Ford in Tarpon Springs for the same problem. Neither the problem’s cause nor a solution to it could be found. On or about June 23, 1995, the odometer on the vehicle in question indicated it had been driven 24,990 miles. Based on that fact, it is found that as of June 22, 1995, Petitioner had exceeded 24,000 miles of operation in the vehicle. This was recognized by Petitioner in his answer to question 17C on the RFA, when he indicated he had reached 24,000 miles on his vehicle in “5/95 OR 6/95.” On May 30, 1996, when the vehicle had 37,800 miles on it, Petitioner forwarded a motor Vehicle Defect Notification Form to Ford Motor Company advising of the vibration problem. That notice, sent by certified mail, was received by Ford on June 5, 1996. Petitioner claims, and Respondent admits, that his vehicle was out of service at least 21 days due to one or more substantial defects, and that there have been three or more repair attempts made to correct the same defect or condition. Because of these factors, and because Petitioner filed a notice of non-conformity with the manufacturer, albeit late in the proceedings, the DOA considered Petitioner to be entitled to the extension period within which his RFA may be filed. The times in this case pertinent under Florida’s Lemon Law are: Date of purchase of vehicle 5/17/94 Eighteen months from date of purchase 11/16/95 24,000 miles of operation reached 6/22/95 Initial Lemon Law limit reached 6/22/95 Six month extension due to Notice of Non-compliance filed 12/22/95 Six month deadline to file after expiration of 6 month extension 6/22/95 Date RFA filed with DOA 7/24/96 Excessive delay 32 days. On the basis of the above chronology, the DOA concluded that Petitioner’s RFA was not timely, and by letter dated August 23, 1996, rejected it. Petitioner submitted his Petition for Formal Proceedings on September 5, 1996, and it was received by the DOA on September 19, 1996. As of the date of this hearing, the unacceptable condition of the vehicle still exists. Ford Motor Company has contended that the condition is not serious, and when the vehicle had 16,000 miles on it, offered Petitioner $1,000 toward the purchase of a new vehicle. The dealer has now indicated it can do no more to correct the condition in issue. Petitioner claims he was misled by Ford Motor Company into waiting until the time limit for filing the Lemon Law RFA had expired. He did not know of the time constraints under the Lemon Law and believed Ford would correct the problem. He also claims that notwithstanding his signature appears on all the pertinent documents herein, his wife took care of all the paperwork. Ms. Williamson believes that the RFA was sent in on or around the time it was dated - June 5, 1996, but she cannot be sure. She is also not sure if it was sent by certified mail, but she has no receipt to demonstrate it was. She contends the RFA could not have been held by her as long as would be required for it to not be delivered until July 24, 1996, and suggests the DOA’s date stamp might be in error. The likelihood of that is remote. Petitioner and his wife admit to having been given a Lemon Law pamphlet when they bought the vehicle but also admit they did not study it timely to determine the criteria for filing a RFA. They want an opportunity to exercise their rights under the Lemon Law through arbitration and though they are not prepared to give this up because they cannot afford to replace the vehicle, they are very uncomfortable regarding its safety.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that the Department of Agriculture and Consumer Services enter a Final Order denying Petitioner’s Request for Arbitration as untimely. DONE and ORDERED in Tallahassee, Florida this 14th day of January, 1997. ARNOLD H. POLLOCK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 14th day of January, 1997. COPIES FURNISHED: Kenneth P. Williamson 3732 Meridian Pace Land O’Lakes, Florida 34536 Rhonda Long Bass, Esquire Department of Agriculture and Consumer Services The Mayo Building, Room 515 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 arbitration request was timely filed.
Findings Of Fact Petitioner purchased his vehicle, a 1991 Ford F-350 Supercab XLT Lariat from Bartow Ford in Bartow, Florida on September 4, 1990. At the time of purchase, the odometer read less than 100 miles. Petitioner applied for arbitration on April 8, 1994. At the time of Petitioner's arbitration request, the vehicle had been driven approximately eighty-three thousand (83,000) miles. Petitioner's problems with his vehicle center around the automatic transmission. Respondent's vehicle reached twenty-four thousand (24,000) miles on or about December 15, 1991. On April 18, 1994, Respondent notified Petitioner that his arbitration request was untimely filed and was being denied. The Motor Vehicle Sales Warranty Enforcement Act a/k/a the "Lemon Law", which is set forth in Chapter 681, Florida Statutes, is administered jointly by the Respondent and the Florida New Motor Vehicle Arbitration Board, Department of Legal Affairs. Respondent is responsible for initially reviewing an application to determine whether or not it is facially appropriate and to make a determination as to whether the applicant is, or is not, "potentially entitled to relief". Based on Respondent's determination that Petitioner's request was untimely filed, the request was denied on April 18, 1994. Petitioner's vehicle initially developed a transmission problem within six thousand seven hundred and seven (6,707) miles. The first service repair came on or about January 15, 1991. Petitioner returned the vehicle with the same problem on or about August 14, 1991 at which time the vehicle odometer read twenty-two thousand one hundred six (22,106) miles. Petitioner took the vehicle for repairs on three subsequent occasions and on each occasion the manufacturer rebuilt or replaced the transmission. Petitioner continues to have problems with his transmission and the manufacturer repairs the vehicle whenever it is brought in for service under the waranty. James D. Morrison, Respondent's supervisor for its "Lemon Law" section, reviewed Petitioner's file and acted on Petitioner's arbitration request. As noted, the request was filed on April 8, 1994. Morrison's review confirmed that Petitioner purchased his vehicle on September 4, 1990. Based on Morrison's calculations, Petitioner had to timely file his arbitration request within eighteen months of the date of purchase or twenty-four thousand (24,000) miles. Morrison used the most extended filing period by referring to the date of purchase and counting forward eighteen months which derived the date of March 6, 1992. Morrison granted Petitioner an additional extension of six months in compliance with extensions allowed if a defect occurs during the "lemon law" period. By granting Petitioner these extensions and the most extended allowable filing period within which the filing had to have been made, all arbitration requests by Petitioner, to be timely filed, had to occur on or before December 4, 1992.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that: Respondent, the Department of Agriculture and Consumer Services, enter a final order denying Petitioner's request for Lemon Law arbitration as it was untimely filed. DONE AND ENTERED this 28th day of October, 1994, in Tallahassee, Leon County, Florida. JAMES E. BRADWELL 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 28th day of October, 1994. COPIES FURNISHED: Paul G. LaPlaca Post Office Box 787 Valrico, Florida 33594 Barbara R. Edwards, Esquire Department of Agriculture and Consumer Services Mayo Building, Room 515 Tallahassee, Florida 32399-0800 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
The Issue The issue for consideration in this case is whether Petitioner’s request for arbitration under Florida’s Lemon Law was timely submitted.
Findings Of Fact At all times pertinent to the issues herein, the Respondent, Department of Agriculture and Consumer Services, (DOA), was the state agency in Florida responsible for the administration of the Florida New Car Lemon Law. This law provides for compulsory arbitration in those cases where the vehicle qualifies under the terms of the statute. Petitioner, Greco Carreras, purchased a new, 1994 Ford Ranger truck on June 8, 1994 from Ernie Hare Ford in Tampa, Florida. Thereafter, it was necessary for him to take the vehicle in for service, due to transmission and clutch problems. These visits were: March 1, 1995 Howard Smith Ford, OK 20,591 mi. Aug. 15, 1995 Ernie Hare Ford, Tpa., FL 31,935 mi. Jan. 23, 1996 “ “ “ “ “ 37,071 mi. Apr. 1, 1996 “ “ “ “ “ 41,450 mi. May. 20, 1996 “ “ “ “ “ 45,964 mi. Oct. 8, 1996 “ “ “ “ “ 52,521 mi. Petitioner had put 24,000 miles on his vehicle, by his own admission, sometime in May 1995. In any case, from the above dates and mileage points, it is clear that the 24,000 mile point was reached before August 15, 1995 when he had 31,935 miles on it at the time he first brought the vehicle in to the Florida dealer who sold it to him for service. On or about December 9, 1996, Petitioner executed and forward to the DOA a Request for Arbitration by the Florida Motor Vehicle Arbitration Board. This request for was received in the Department on December 12, 1996. Under the provisions of Section 681.102(9), Florida Statutes, the “Lemon Law rights period” is defined as: 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 occurs first. Consumers are required to request arbitration within 6 months after the expiration of the Lemon Law rights period, or within 30 days after the final action of a certified procedure, whichever occurs later. Ford Motor Company has no certified procedure in Florida. Therefore, the deadline for filing is six months after the expiration of the rights period. That would have been January 14, 1996 (18 months after Petitioner took delivery of the vehicle) or in May, 1995 (when he reached 24,000 miles on the vehicle, whichever came earlier. In this case, giving Petitioner the benefit of the doubt, his initial rights period was determined to have ended on or before August 15, 1995, when he put 24,000 miles on his car as evidenced by the repair receipt from Ernie Hare Ford reflecting 31,935 miles on the vehicle when it was brought in for service. The initial Lemon Law rights period may be extended for an additional six months if items of nonconformity which are reported to the dealer within the original period, remain uncorrected at the end thereof. The Department assumed that Petitioner qualified for this extension. This extended the time to February 15, 1996. Consumers have up to six additional months after the expiration of the Lemon Law rights period, as extended, to file for relief under the statute. In this case, Petitioner had until August 15, 1996 to file his request for arbitration. The copy of Petitioner’s request which was received into evidence reflects that he signed it on December 9, 1996, and it was received in the Department on December 12, 1996. This is more than three and a half and almost four months beyond the filing deadline in this case, and constitutes the Department’s basis for denial of Petitioner’s request for arbitration. Petitioner claimed at hearing that the reason he filed his request for arbitration was because the vehicle he purchased was a lemon. Though he purchased it new, it has been in the shop for repair of the same problem more than three times. Notwithstanding the wording of Florida’s Lemon Law in the pamphlet he was given at the time he purchased the car, Petitioner has some problem with the wording used and the way the 18 month/24,000 mile criteria are applied. Because of the fact that he had almost 24,000 miles on the vehicle the first time he brought it in for repair on March 1, 1995, less than nine months after he took delivery of it, he feels use of the 18 month criteria would have given him greater opportunity to find out what he needed to do. No doubt, he contends, had he filed for arbitration right after the third visit for the same problem, in January 1996, he would have been timely. However, he was being generous to the dealer in allowing them to try to fix the problem, an unfortunate mistake on his part. Petitioner also claims he was advised by an unidentified representative of the Department with whom he spoke by telephone after the September 1996 repair, (sometime in early December 1996) that he was still within the time constraints of the statute. At that time, he claims, he advised the individual with whom he spoke of the repair history of the vehicle and how many miles the vehicle had been driven. He was, apparently, wrongly advised.
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 under the Florida Lemon Law as untimely filed. DONE and ENTERED this 10th day of April, 1997, in Tallahassee, Florida. ARNOLD H. POLLOCK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6947 Filed with the Clerk of the Division of Administrative Hearings this 10th day of April, 1997. COPIES FURNISHED: Greco Carreras 10420 North 22nd Street Tampa, Florida 33612 Rhonda Long Bass, Esquire Florida Department of Agriculture and Consumer Services Mayo Building, Room 515 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 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
