| 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 age of replacement tires and certain |
| 5 | warnings 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 | providing for the deposit and use of certain funds; |
| 9 | requiring the Department of Legal Affairs to adopt rules; |
| 10 | providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 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 |
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| 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 |
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| 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 |
| 45 | used 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 commits a noncriminal |
| 51 | violation, punishable by a civil penalty not to exceed $250 for |
| 52 | each violation. |
| 53 | (5) All penalties collected under this section shall be |
| 54 | deposited into the General Inspection Trust Fund of the |
| 55 | Department of Agriculture and Consumer Services and used to pay |
| 56 | expenses incurred in the enforcement of this section. |
| 57 | (6) The department shall adopt rules to administer this |
| 58 | section. |
| 59 | Section 2. This act shall take effect July 1, 2011. |