Florida New Motor Vehicle Arbitration Board (NMVA Board)

The New Motor Vehicle Arbitration Board (NMVA Board) is Florida’s state-administered Lemon Law arbitration program, administered by the Florida Department of Agriculture and Consumer Services (DACS). It’s the second stage of Florida’s Lemon Law process, available to consumers who:

• Completed manufacturer arbitration and rejected the decision (or whose manufacturer doesn’t have a certified program); AND
• Are still within the 24-month Lemon Law Rights Period from delivery.

How NMVA Board differs from BBB Auto Line

Feature	BBB Auto Line	NMVA Board
Administered by	Better Business Bureau (manufacturer-funded)	Florida DACS
Filing fee	Free	~$50 (currently)
Arbitrator selection	BBB pool	State Lemon Law arbitrators
Decision binding	On manufacturer only	On both parties (with appeal right)
Appeal	To NMVA Board	To circuit court (de novo)
Procedural formality	Lower	Higher

NMVA Board arbitration is the second Lemon Law arbitration option in Florida — and the final administrative step before potential court action.

When you can file with NMVA Board

You can file with NMVA Board if:

• You completed the manufacturer’s certified arbitration program and rejected the decision; OR
• The manufacturer doesn’t have a certified program (or it’s not certified for your specific vehicle).

You must file within the 24-month Lemon Law Rights Period from original delivery.

Filing Form REP-1

The NMVA Board filing form is Form REP-1 (Request for Arbitration by NMVAB), available at DACS’s website. The form requires:

• Consumer information.
• Vehicle information (VIN, make, model, purchase date and price).
• Defect description and history.
• Repair attempts (dates, dealers, complaints, action taken).
• The certified-mail notice sent to the manufacturer.
• The manufacturer arbitration decision and rejection (if applicable).
• Requested remedy.

Filing fee: ~$50 (subject to change; verify with DACS).

File with:

Florida Department of Agriculture and Consumer Services
Division of Consumer Services / Lemon Law
2005 Apalachee Parkway
Tallahassee, FL 32399

DACS also offers online filing.

Procedure at the NMVA Board

After filing, NMVA Board:

1. Acknowledges receipt within ~5 business days.
2. Forwards to the manufacturer, which has 30 days to respond.
3. Schedules a hearing within 60-90 days.
4. Conducts the hearing with a state-certified Lemon Law arbitrator.
5. Issues a written decision within ~60 days of the hearing.

The hearing

NMVA Board hearings are held in major Florida cities (Miami, Tampa, Orlando, Jacksonville, Pensacola, Tallahassee). The arbitrator is typically a state-trained Lemon Law arbitrator (an attorney with specialized arbitration experience).

The hearing involves:

• Consumer testimony about the defect, repair attempts, and impact.
• Documentary evidence (repair orders, notice, communications).
• Cross-examination by the manufacturer’s representative or attorney.
• Manufacturer testimony (typically dealer service technician and/or regional service manager).

Hearings typically last 2-4 hours. Some are conducted by video conference.

What you must prove

To prevail at NMVA Board:

1. Substantial impairment of use, value, or safety.
2. Reasonable number of repair attempts under § 681.104.
3. The defect continues after the repair attempts.
4. Proper certified-mail notice to the manufacturer.
5. Filing within the 24-month Lemon Law Rights Period.

What NMVA Board can order

Under Fla. Stat. § 681.104:

• Refund (with reasonable use deduction).
• Replacement (comparable new vehicle).
• Additional repair (rare; reserved for marginal cases).
• Reimbursement of the $50 filing fee.

NMVA Board does not award:

• Attorney fees (those come from FDUTPA or Magnuson-Moss in civil court).
• Treble damages.
• Punitive damages.

Self-representation vs. attorney representation

Many consumers self-represent at NMVA Board hearings — the process is designed for accessibility. For more complex cases, professional representation is valuable.

Get a free case review before the hearing.

The NMVA Board decision

After the hearing, the arbitrator issues a written decision typically within 60 days. The decision includes:

• Findings of fact.
• Conclusions of law.
• Order (relief granted or denied).

The decision is binding on the manufacturer — they must comply. The consumer can:

• Accept the decision (case ends).
• Appeal to circuit court within 30 days for de novo review.

Compliance and enforcement

If the NMVA Board orders refund or replacement:

• The manufacturer is legally obligated to comply.
• Compliance typically happens within 30-60 days of the order becoming final.
• If the manufacturer doesn’t comply, DACS can impose civil penalties and refer to the Attorney General for enforcement.

Appeal to circuit court

Either party can appeal within 30 days for de novo review — a fresh trial in court, not a record review. The appeal converts the case into a civil-court action where FDUTPA and Magnuson-Moss claims can be added.

Bottom line

NMVA Board is the state-administered final step in Florida’s Lemon Law process. It produces enforceable refund or replacement orders within reasonable timelines. For cases requiring attorney fees or damages beyond refund/replacement, the parallel civil-court track (FDUTPA + Magnuson-Moss) is necessary.

For most Florida consumers, the combination of manufacturer arbitration (free) + NMVA Board ($50) is sufficient for the basic refund. The civil-court track handles the rest.

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