Bill Text: FL S1156 | 2010 | Regular Session | Introduced

Florida Senate Bill 1156 (Prior Session Legislation)

Introduced

Bill Title: Consumer Protection/Retail Tire Dealers [CPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Commerce [S1156 Detail]

Download: Florida-2010-S1156-Introduced.html

 
Florida Senate - 2010                                    SB 1156 
 
By Senator Gelber 
35-00470A-10                                          20101156__ 
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 
4         disclose to purchasers the date of manufacture and 
5         certain warnings relating to the age of tires; 
6         providing certain exceptions; providing that a 
7         violation of the act is a deceptive and unfair trade 
8         practice; providing penalties; requiring the 
9         Department of Legal Affairs to adopt rules; providing 
10         an effective date. 
11 
12  Be It Enacted by the Legislature of the State of Florida: 
13 
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 
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 
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 used 
45  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 shall pay a civil 
51  penalty not to exceed $250 for each violation. 
52         (5) All penalties collected under this section shall be 
53  deposited into the General Inspection Trust Fund and used to pay 
54  expenses incurred in the enforcement of this section. 
55         (6) The department shall adopt rules to administer this 
56  section. 
57         Section 2. This act shall take effect July 1, 2010.