IN THE CIRCUIT COURT OF THE [___] JUDICIAL CIRCUIT

IN AND FOR [___] COUNTY, FLORIDA

CIVIL DIVISION
Case No.: ____

[PLAINTIFF’S FULL LEGAL NAME],
an individual,
Plaintiff,

v.

[DEFENDANT MANUFACTURER’S FULL LEGAL NAME],
a [state] corporation,
Defendant.

VERIFIED COMPLAINT FOR VIOLATION OF THE FLORIDA MOTOR VEHICLE WARRANTY ENFORCEMENT ACT (LEMON LAW) AND DEMAND FOR JURY TRIAL

[// GUIDANCE: Replace all bracketed placeholders before filing. Attach Civil Cover Sheet (Form 1.997), Summons, and filing fee as required by Fla. R. Civ. P. and clerk procedures.]

TABLE OF CONTENTS

1. Preliminary Statement
2. Parties
3. Jurisdiction and Venue
4. Statutory Framework & Definitions
5. Factual Allegations
6. Count I – Violation of Fla. Stat. §§ 681.10–681.117
7. Conditions Precedent
8. Damages & Liability Cap
9. Request for Injunctive Relief (Replacement / Repurchase)
10. Attorneys’ Fees & Costs
11. Demand for Jury Trial
12. Prayer for Relief
13. Verification
14. Certificate of Service

1. PRELIMINARY STATEMENT

1.1 This is an action under Florida’s Motor Vehicle Warranty Enforcement Act, Fla. Stat. §§ 681.10–681.117 (2023) (the “Florida Lemon Law”), seeking statutory remedies—including replacement or repurchase of a defective motor vehicle, collateral charges, reasonable attorneys’ fees, and costs—against Defendant, the vehicle’s manufacturer.

2. PARTIES

2.1 Plaintiff [PLAINTIFF] is a natural person domiciled in [COUNTY] County, Florida, and is the purchaser/lessee of the subject vehicle identified below.

2.2 Defendant [DEFENDANT] is a [state of incorporation] corporation authorized to conduct and conducting business in Florida, including manufacturing, distributing, and warranting motor vehicles.

3. JURISDICTION AND VENUE

3.1 This Court has subject-matter jurisdiction pursuant to Art. V, § 5, Fla. Const., and Fla. Stat. § 26.012, because the amount in controversy is greater than $50,000 and the action arises under Florida law.

3.2 Venue is proper in [COUNTY] County under Fla. Stat. § 47.051 because:
 a. The cause of action accrued in this county; and/or
 b. Plaintiff resides in this county; and/or
 c. Defendant has an agent or representative in this county.

3.3 Governing Law: This dispute is governed exclusively by the Florida Lemon Law and other applicable Florida statutes.

3.4 Forum Selection: The parties are subject to the exclusive jurisdiction of this Court.

3.5 Arbitration: Plaintiff has satisfied, or is excused from, the mandatory state-administered arbitration requirement set forth in Fla. Stat. § 681.109.

4. STATUTORY FRAMEWORK & DEFINITIONS

For ease of reference, the following defined terms are used throughout this Complaint:

“Act” or “Florida Lemon Law” = Florida Motor Vehicle Warranty Enforcement Act, Fla. Stat. §§ 681.10–681.117 (2023).

“Motor Vehicle” or “Vehicle” = The [YEAR] [MAKE] [MODEL], Vehicle Identification Number (“VIN”) [VIN], purchased/leased by Plaintiff on [DATE OF PURCHASE].

“Nonconformity” = A defect or condition that substantially impairs the use, value, or safety of the Vehicle and that has not been repaired after a reasonable number of attempts as defined in Fla. Stat. § 681.102(8).

“Reasonable Number of Attempts” = (1) three (3) or more attempts to repair the same Nonconformity, or (2) the Vehicle is out of service for repair of Nonconformities for a cumulative total of 15 or more days, within the lemon law rights period. Fla. Stat. § 681.104(1)(a).

“Rights Period” = The first 24 months after the date of delivery of the Vehicle to Plaintiff. Fla. Stat. § 681.102(12).

5. FACTUAL ALLEGATIONS

5.1 On or about [DATE], Plaintiff purchased/leased the Vehicle from [DEALERSHIP], an authorized dealer of Defendant, for a total purchase price of $[___], inclusive of taxes, fees, and collateral charges. A true and correct copy of the Retail Installment Sales Contract and/or Lease Agreement is attached as Exhibit A.

5.2 The Vehicle was accompanied by Defendant’s new-car limited warranty, a copy of which is attached as Exhibit B.

5.3 During the Rights Period, the Vehicle manifested the following Nonconformities:
 a. [Description of defect #1];
 b. [Description of defect #2];
 c. [Description of defect #3].

5.4 Plaintiff presented the Vehicle to Defendant’s authorized repair facilities for repair of the Nonconformities on at least [NUMBER] occasions, as reflected in the Repair Orders collectively attached as Exhibit C. Despite these attempts, the Nonconformities persist.

5.5 The Vehicle was out of service for repairs for a cumulative total of [___] days during the Rights Period.

5.6 The Nonconformities substantially impair the use, value, and/or safety of the Vehicle, rendering the Vehicle nonconforming under the Act.

5.7 Plaintiff timely provided written notice of the Nonconformities to Defendant via certified mail on [DATE], pursuant to Fla. Stat. § 681.104(1)(a). A copy of said notice and proof of delivery is attached as Exhibit D.

5.8 Defendant failed to correct the Nonconformities within 10 days after receipt of notice, as required by Fla. Stat. § 681.104(1)(a).

5.9 Plaintiff thereafter submitted the dispute to Defendant’s certified informal dispute settlement procedure (if any) and/or to the Florida New Motor Vehicle Arbitration Board as required by Fla. Stat. § 681.109. The Board rendered its decision on [DATE], a copy of which is attached as Exhibit E. Defendant has failed to comply with that decision.

6. COUNT I – VIOLATION OF FLORIDA MOTOR VEHICLE WARRANTY ENFORCEMENT ACT

(Against Defendant Manufacturer)

6.1 Plaintiff re-alleges and incorporates Paragraphs 1 through 5.9 as though fully set forth herein.

6.2 Defendant is a “manufacturer” as defined by Fla. Stat. § 681.102(13).

6.3 The Vehicle is a “motor vehicle” under Fla. Stat. § 681.102(15).

6.4 The Nonconformities constitute defects covered by Defendant’s express warranty and fall within the Act’s definition of a “nonconformity.” Fla. Stat. § 681.102(8).

6.5 Defendant has been afforded a reasonable number of attempts to conform the Vehicle to the warranty but has failed to do so, violating Fla. Stat. § 681.104.

6.6 Pursuant to Fla. Stat. § 681.104(2), Plaintiff is entitled to choose, and hereby elects, the statutory remedy of [choose “replacement” or “repurchase”] of the Vehicle.

6.7 Defendant’s failure to comply with its statutory obligations constitutes a per se violation of the Act, entitling Plaintiff to damages and equitable relief set forth below.

7. CONDITIONS PRECEDENT

7.1 All conditions precedent to the maintenance of this action have occurred, been performed, or have been waived or excused, including compliance with the Act’s notice and arbitration requirements.

8. DAMAGES & LIABILITY CAP

8.1 Under Fla. Stat. § 681.104(2)(a)–(b), Plaintiff seeks the following amounts, not to exceed the Vehicle’s full purchase price:
 a. Return of the full contract price including finance charges and collateral charges;
 b. Refund of all incidental and consequential damages reasonably incurred (e.g., towing, alternate transportation);
 c. Pre- and post-judgment interest as allowed by law;
 d. Reasonable attorneys’ fees and costs pursuant to Fla. Stat. § 681.112(1).

[// GUIDANCE: Florida Lemon Law does not allow punitive damages; do not plead them.]

9. REQUEST FOR INJUNCTIVE RELIEF (REPLACEMENT / REPURCHASE)

9.1 Plaintiff seeks specific performance in the form of immediate replacement of the Vehicle with a comparable new vehicle, or repurchase of the Vehicle, together with cancellation of the financing agreement and refund of all monies paid, as authorized by Fla. Stat. § 681.104(2).

9.2 Because the Act provides an adequate statutory remedy that is mandatory once triggered, injunctive relief is appropriate and necessary.

10. ATTORNEYS’ FEES & COSTS

10.1 Pursuant to Fla. Stat. § 681.112(1), the prevailing consumer is entitled to recover reasonable attorneys’ fees, expert witness fees, and court costs. Plaintiff therefore seeks an award of such fees and costs.

11. DEMAND FOR JURY TRIAL

Plaintiff respectfully demands a trial by jury on all issues so triable as a matter of right.

12. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
A. Replacement of the Vehicle with a new, identical or reasonably equivalent vehicle or repurchase of the Vehicle, at Plaintiff’s election;
B. Refund of the full purchase price, finance charges, collateral charges, incidental and consequential damages;
C. Reasonable attorneys’ fees, expert witness fees, and costs of suit;
D. Pre- and post-judgment interest as provided by law;
E. Such other and further relief as the Court deems just and proper.

13. VERIFICATION

I, [PLAINTIFF NAME], under penalty of perjury, declare that I have read the foregoing Complaint and that the facts stated in it are true and correct to the best of my knowledge and belief.

Date: __       _________
           [PLAINTIFF NAME]

[// GUIDANCE: Florida permits either a verification or a sworn statement before a notary. Fla. R. Civ. P. 1.110(b).]

14. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served on [DATE], by [method of service authorized under Fla. R. Jud. Admin. 2.516], on the following:

[DEFENDANT’S COUNSEL NAME & ADDRESS]

[ATTORNEY NAME], ESQ.
Florida Bar No. __
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff
[// GUIDANCE: Attach Exhibits A–E; redact personal information per Fla. R. Jud. Admin. 2.420. File the complaint electronically via the Florida Courts E-Filing Portal and pay requisite filing fees.]