Assistive Device State Lemon Laws
Florida
Florida Statutes Annotated 427 . 801
Summary of the Law:
Who
& What is covered:
Florida's statute covers any consumer who acquires
by purchase, lease, transfer, or ability to enforce the warranty
an assistive device.
Consumer Remedies:
Under the statute, if an assistive device is in for
repair any defect must be fixed within a reasonable number of attempts,
if not, then the consumer must offer to return the defective device.
The consumer then has the option of getting a replacement device
or a refund of the price paid. Also, the consumer has the option
of choosing whether to bring their claim in court or through an
informal dispute resolution system.
Resale of "lemon" assistive devices:
Any assistive device which is repurchased by the
manufacturer because it is a "lemon" under this statute
cannot be resold in Florida without full disclosure to the consumer.
Details of the Law:
Devices Covered: wheelchairs, motorized scooters,
voice-synthesized computer modules, optical scanners, talking software,
braille printers, environmental control devices for use by a person
with quadriplegia, motor vehicle adaptive transportation aids,
devices that enable persons with severe speech disabilities to
in effect speak, personal transfer systems, and specialty beds,
including a demonstrator, that a consumer purchases or accepts
transfer of in this state for use by a person with a disability
Persons Covered: purchaser, lessee, transferee, any
person who can enforce the warranty
Period Covered: 1 year
Disclosure Requirements: not applicable
Required Consumer Notice: offer to return device
Repair Requirements: not applicable
Affirmative Defenses: not applicable
Replace or refund: replace or refund
Other reimbursement: double actual damages, collateral
costs, point of sale finance charges
Other remedies: attorney fees and costs, equitable
relief
Informal dispute resolution: yes, optional
Resale of Lemon: only with full disclosure
Links to State Info:
Advocacy
Programs for Persons with Disabilities
Assistive
Technology, Business and State, F A A S T
Assistive
Technology Education Links
Clarke
School for the Deaf (Jacksonville)
Families
of Children with Visual Impairments
Family
Help, Through the Looking Glass
Recycled
Devices for the Disabled
Respect
of Florida
School
for the Deaf and the Blind
