Bill Text: FL H1215 | 2011 | Regular Session | Introduced

Bill Title: Consumer Protection

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1215 Detail]

Download: Florida-2011-H1215-Introduced.html
HB 1215

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 age of replacement tires and certain
5warnings relating to the age of tires; providing certain
6exceptions; providing that a violation of the act is a
7deceptive and unfair trade practice; providing penalties;
8providing for the deposit and use of certain funds;
9requiring the Department of Legal Affairs to adopt rules;
10providing an effective date.
12Be It Enacted by the Legislature of the State of Florida:
14     Section 1.  Section 501.20795, Florida Statutes, is created
15to read:
16     501.20795  Disclosure of age of tires by retail tire
18     (1)  A retail tire dealer shall, no later than the time of
19sale, before dismounting a tire to be replaced by a new or used
20passenger or light truck tire sold by the dealer and before
21mounting a new or used passenger or light truck tire sold by the
22dealer, provide a written disclosure of the age of the
23replacement tire to the purchaser. The disclosure must be
24initialed and dated by the purchaser, who must be given a copy,
25and the dealer must retain the original for at least 3 years.
26The 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
29tire; and
30     (c)  The following statement:
32"Passenger and light truck tires, including spare
33tires and tires that are stored or have had little or
34no use, deteriorate as they age and are more prone to
35sudden failure that can cause a crash. Heat caused by
36hot climates or frequent high-loading conditions can
37accelerate the aging process. Most vehicle
38manufacturers recommend that passenger or light truck
39tires be replaced after 6 years, regardless of the
40remaining tread depth."
42     (2)  This section does not affect any rights or duties
43provided under other applicable laws.
44     (3)  This section does not apply to the private sale of
45used tires or tires on used vehicles.
46     (4)(a)  A violation of this section is a deceptive and
47unfair trade practice under this part and rules adopted under
48this part.
49     (b)  In addition to other penalties applicable under this
50part, a person who violates this section commits a noncriminal
51violation, punishable by a civil penalty not to exceed $250 for
52each violation.
53     (5)  All penalties collected under this section shall be
54deposited into the General Inspection Trust Fund of the
55Department of Agriculture and Consumer Services and used to pay
56expenses incurred in the enforcement of this section.
57     (6)  The department shall adopt rules to administer this
59     Section 2.  This act shall take effect July 1, 2011.

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