The Florida Senate

817.56  Misrepresentations of television picture tubes prohibited, penalty; definitions.--

(1)  As used in this section:

(a)  "Tube" is an electron receiving tube or cathode ray tube (commonly known as a picture tube) designed primarily for use in a home-type television or radio receiver, phonograph, tape recorder, or any combination thereof, or other home type electronic device or appliance.

(b)  "Used tube" or "secondhand tube" is a tube which has been sold to and used by a consumer.

(c)  A "used component" is any part or material salvaged from a used or secondhand tube.

(d)  A "tube utilizing used components" is a tube which has not been used as an entity but which in the manufacture thereof has utilized one or more used components. Such a tube shall not be deemed to be a used or secondhand tube within the meaning of that definition.

(e)  A "reactivated tube" is a weak, worn-out, or defective tube which has been temporarily recharged by the administration of a charge of high voltage electric current to the elements thereof.

(f)  A "reduction" is the sale of a tube at a price that is less than the manufacturer's list price for that tube.

(g)  A "savings" is the sale of a tube at a price that is less than the list price for a tube by the same or another manufacturer when the tubes are identical.

(2)  No person shall knowingly:

(a)  Distribute or sell, offer to distribute or sell, expose for distribution or sale, possess with intent to distribute or sell, or otherwise dispose of for a consideration any reactivated tube, secondhand tube, or used tube, or tube utilizing used components without clearly disclosing the true or actual quality or condition of such tube by means of a stamp, mark, tag, notice, or label attached to such tube and to any carton or container thereof in such manner that it cannot readily be removed or of such a nature as to remain affixed until removed by a purchaser at retail;

(b)  Remove, deface, cover, obliterate, mutilate, alter, or cause to be removed, defaced, covered, obliterated, mutilated, or altered any notice, tag, or label from any tube, carton, or container required under paragraph (a) of this subsection;

(c)  Install any reactivated tube, secondhand tube, or used tube, or tube utilizing used components, without disclosing the true or actual quality or condition of such tube on a written invoice furnished to the customer when installed by a person performing such services or repairs for any consideration. Such disclosure in the invoice is required irrespective of the fact that such tube, or carton, or container therefor contains a notice, tag, or label disclosing such quality or condition;

(d)  Reactivate or cause to be reactivated any tube for the purpose of deceiving another;

(e)  Represent a used tube, secondhand tube, or reactivated tube, or tube utilizing used components, directly or indirectly, to be a new tube or a first quality tube;

(f)  Make representations, directly or indirectly, concerning a tube by reference to a patent license pursuant to which such tube was manufactured which could mislead another into the belief that such tube is manufactured or sponsored by said patent licensor, when such is not the fact;

(g)  Represent to a retail buyer that a tube is guaranteed by the use of such word or words of similar import unless a writing disclosing the nature, extent, and duration of the guarantee, the identity of the guarantor, and the manner in which the guarantor will perform thereunder, is furnished to such purchaser at the time of purchase. No tube shall be represented as fully guaranteed or unconditionally guaranteed by the use of such word or words of similar import unless the written guarantee furnished to the purchaser is free from any conditions or limitations;

(h)  Represent that a tube is being sold at a reduction or savings when the alleged reduction or savings is from a fictitious price. Without limiting the generality of the foregoing, an alleged reduction or savings is from a fictitious price;

1.  When the alleged reduction or savings of a reactivated tube, secondhand tube, or used tube is from the manufacturer's established list price for his or her first quality or new tubes;

2.  When the alleged reduction of a tube utilizing used components is from the manufacturer's established list price for tubes utilizing only new components in the manufacture thereof;

3.  When the alleged reduction is, in fact, a savings in that it is from the list price of a manufacturer other than the owner of the brand name appearing on the tube being sold.

(3)  Nothing in this section applies to any television or sound radio broadcasting station or any publisher or printer of a newspaper, magazine, or other form of printed advertising who broadcasts, publishes, or prints such advertising.

(4)  Whoever violates any provision of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083

History.--ss. 1, 2, 3, 4, ch. 65-464; s. 882, ch. 71-136; s. 1264, ch. 97-102.