Florida Senate - 2023 SB 1204 By Senator Simon 3-01422-23 20231204__ 1 A bill to be entitled 2 An act relating to flat-rate tire installations or 3 replacements; creating s. 559.912, F.S.; defining the 4 term “flat-rate tire installation or replacement”; 5 authorizing motor vehicle repair shops to comply with 6 certain requirements for transactions that consist 7 exclusively of flat-rate tire installation or 8 replacement; requiring motor vehicle repair shops to 9 provide specified notice to customers before accepting 10 payment for a flat-rate tire installation or 11 replacement; providing requirements and authorizations 12 for motor vehicle repair shops that are unable to 13 complete work by a specified completion date; 14 requiring motor vehicle repair shops to give a full 15 refund within a specified timeframe to customers who 16 cancel a flat-rate tire replacement or installation; 17 requiring motor vehicle repair shops to expeditiously 18 reassemble a motor vehicle upon such cancellation; 19 providing exceptions; prohibiting a motor vehicle 20 repair shop from billing a customer for charges 21 related to such reassembly; providing an effective 22 date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Section 559.912, Florida Statutes, is created to 27 read: 28 559.912 Flat-rate tire installation or replacement.— 29 (1) As used in this section, the term “flat-rate tire 30 installation or replacement” means a transaction in which a set 31 price is charged to the customer for all labor, parts, and fees 32 associated with a tire installation or replacement regardless of 33 time spent completing the installation or replacement, and the 34 full price is paid before any work is commenced. Tire 35 installation or replacement includes services that are necessary 36 to the installation or replacement of tires, including, but not 37 limited to, tire mounting, rotation, and balancing, but it does 38 not include any repair or maintenance work on the wheels or 39 axles. 40 (2)(a) If a transaction consists exclusively of a flat-rate 41 tire installation or replacement, the motor vehicle repair shop 42 may comply with this subsection in lieu of the estimate 43 requirements under s. 559.905 and the invoice requirements under 44 s. 559.911. 45 (b) Before accepting any payment from the customer for a 46 flat-rate tire installation or replacement, the motor vehicle 47 repair shop must provide the customer with a written invoice 48 that includes all of the following items: 49 1. The name, address, telephone number, and registration 50 number of the motor vehicle repair shop. 51 2. The name, address, and telephone number of the customer. 52 3. The date and time of the transaction. 53 4. The year, make, model, odometer reading, and license tag 54 number of the motor vehicle. 55 5. A work completion date. 56 6. A general description of the work or service relating to 57 the motor vehicle that is being performed and an itemized 58 accounting of the cost of each good and service provided as well 59 as any fees. 60 7. A statement indicating what, if anything, is guaranteed 61 in connection with the repair work and the time and mileage 62 period for which the guarantee is effective. 63 8. A statement allowing the customer to indicate whether 64 replaced parts should be saved for inspection or return. 65 9. A statement indicating the daily charge for storing the 66 customer’s motor vehicle after the customer has been notified 67 that the work has been completed. However, storage charges may 68 not accrue or be due and payable for a period of 3 working days 69 after the date of such notification. 70 (3) A motor vehicle repair shop that gives a work 71 completion date pursuant to subparagraph (2)(b)5. and is not 72 able to complete the work by such date must promptly notify the 73 customer and give him or her the option of canceling the 74 transaction. The shop may also provide the customer with the 75 option of accepting a modified work completion date. 76 (4) A motor vehicle repair shop that cannot complete the 77 work described on a flat-rate tire installation or replacement 78 invoice without additional charges must promptly notify the 79 customer and give the customer the option to cancel the flat 80 rate tire installation or replacement. The shop may also provide 81 the customer with an estimate for the entire scope of work to be 82 performed, including a full credit for the prepaid amount. Any 83 estimate provided pursuant to this subsection must comply with 84 the estimate and disclosure requirements under s. 559.905. If 85 the customer agrees to the additional charges, the shop must 86 comply with the requirements under s. 559.911. 87 (5)(a) If a customer cancels a flat-rate tire replacement 88 or installation pursuant to subsection (3) or subsection (4), 89 the motor vehicle repair shop must give the customer a full 90 refund for the transaction within 48 hours after the 91 cancellation. Upon cancellation, the motor vehicle repair shop 92 must expeditiously reassemble the motor vehicle in a condition 93 reasonably similar to the condition in which it was received 94 unless: 95 1. The customer waives the reassembly requirement in 96 writing; or 97 2. The reassembled vehicle would be unsafe. 98 (b) A motor vehicle repair shop may not bill the customer 99 for charges related to reassembly. 100 Section 2. This act shall take effect July 1, 2023.