Florida Senate - 2010                                    SB 1156
       
       
       
       By Senator Gelber
       
       
       
       
       35-00470A-10                                          20101156__
    1                        A bill to be entitled                      
    2         An act relating to consumer protection; creating s.
    3         501.20795, F.S.; requiring retail tire dealers to
    4         disclose to purchasers the date of manufacture and
    5         certain warnings relating to the age of tires;
    6         providing certain exceptions; providing that a
    7         violation of the act is a deceptive and unfair trade
    8         practice; providing penalties; requiring the
    9         Department of Legal Affairs to adopt rules; providing
   10         an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 501.20795, Florida Statutes, is created
   15  to read:
   16         501.20795 Disclosure of age of tires by retail tire
   17  dealers.—
   18         (1) A retail tire dealer shall, no later than the time of
   19  sale, before dismounting a tire to be replaced by a new or used
   20  passenger or light truck tire sold by the dealer and before
   21  mounting a new or used passenger or light truck tire sold by the
   22  dealer, provide a written disclosure of the age of the
   23  replacement tire to the purchaser. The disclosure must be
   24  initialed and dated by the purchaser, who must be given a copy,
   25  and the dealer must retain the original for at least 3 years.
   26  The disclosure shall include the following information:
   27         (a) The week and year the tire was manufactured;
   28         (b) The length of the remaining factory warranty on the
   29  tire; and
   30         (c) The following statement:
   31  
   32         “Passenger and light truck tires, including spare
   33         tires and tires that are stored or have had little or
   34         no use, deteriorate as they age and are more prone to
   35         sudden failure that can cause a crash. Heat caused by
   36         hot climates or frequent high-loading conditions can
   37         accelerate the aging process. Most vehicle
   38         manufacturers recommend that passenger or light truck
   39         tires be replaced after 6 years, regardless of the
   40         remaining tread depth.”
   41  
   42         (2) This section does not affect any rights or duties
   43  provided under other applicable laws.
   44         (3) This section does not apply to the private sale of used
   45  tires or tires on used vehicles.
   46         (4)(a) A violation of this section is a deceptive and
   47  unfair trade practice under this part and rules adopted under
   48  this part.
   49         (b) In addition to other penalties applicable under this
   50  part, a person who violates this section shall pay a civil
   51  penalty not to exceed $250 for each violation.
   52         (5) All penalties collected under this section shall be
   53  deposited into the General Inspection Trust Fund and used to pay
   54  expenses incurred in the enforcement of this section.
   55         (6) The department shall adopt rules to administer this
   56  section.
   57         Section 2. This act shall take effect July 1, 2010.