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