HB 797

1
A bill to be entitled
2An act relating to consumer protection; creating s.
3501.20795, F.S.; requiring retail tire dealers to disclose
4to purchasers the date of manufacture and certain warnings
5relating to the age of tires; providing certain
6exceptions; providing that a violation of the act is a
7deceptive and unfair trade practice; providing penalties;
8requiring the Department of Legal Affairs to adopt rules;
9providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Section 501.20795, Florida Statutes, is created
14to read:
15     501.20795  Disclosure of age of tires by retail tire
16dealers.-
17     (1)  A retail tire dealer shall, no later than the time of
18sale, before dismounting a tire to be replaced by a new or used
19passenger or light truck tire sold by the dealer and before
20mounting a new or used passenger or light truck tire sold by the
21dealer, provide a written disclosure of the age of the
22replacement tire to the purchaser. The disclosure must be
23initialed and dated by the purchaser, who must be given a copy,
24and the dealer must retain the original for at least 3 years.
25The 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
28tire; and
29     (c)  The following statement:
30
31     "Passenger and light truck tires, including spare
32tires and tires that are stored or have had little or
33no use, deteriorate as they age and are more prone to
34sudden failure that can cause a crash. Heat caused by
35hot climates or frequent high-loading conditions can
36accelerate the aging process. Most vehicle
37manufacturers recommend that passenger or light truck
38tires be replaced after 6 years, regardless of the
39remaining tread depth."
40
41     (2)  This section does not affect any rights or duties
42provided under other applicable laws.
43     (3)  This section does not apply to the private sale of
44used tires or tires on used vehicles.
45     (4)(a)  A violation of this section is a deceptive and
46unfair trade practice under this part and rules adopted under
47this part.
48     (b)  In addition to other penalties applicable under this
49part, a person who violates this section shall pay a civil
50penalty not to exceed $250 for each violation.
51     (5)  All penalties collected under this section shall be
52deposited into the General Inspection Trust Fund and used to pay
53expenses incurred in the enforcement of this section.
54     (6)  The department shall adopt rules to administer this
55section.
56     Section 2.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.