Bill Text: FL S0700 | 2013 | Regular Session | Introduced

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Bill Title: Consumer Protection

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-05-03 - Died in Commerce and Tourism [S0700 Detail]

Download: Florida-2013-S0700-Introduced.html

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       Florida Senate - 2013                                     SB 700
       
       
       
       By Senator Simmons
       
       
       
       
       10-00722-13                                            2013700__
    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 of used
    5         tires and certain warnings relating to the age of
    6         tires; requiring the dealer to provide a copy of the
    7         disclosure to the purchaser and retain the original
    8         for a specified period; providing applicability;
    9         providing for enforcement by administrative action of
   10         the Department of Agriculture and Consumer Services;
   11         providing for administrative fines; specifying that
   12         the provisions of the act are not enforceable by
   13         private action; providing for deposit and use of fines
   14         collected; requiring the Department of Legal Affairs
   15         to adopt rules; providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 501.20795, Florida Statutes, is created
   20  to read:
   21         501.20795 Disclosure of age of used tires sold by retail
   22  tire dealers.—
   23         (1)(a) A retail tire dealer selling a used passenger or
   24  light truck tire shall, before dismounting the tire to be
   25  replaced by the used tire, before mounting the used tire, or at
   26  the time of sale, whichever occurs first, provide the purchaser
   27  with a written disclosure of the age of the used tire.
   28         (b) The disclosure must include:
   29         1. The week and year that the tire was manufactured.
   30         2. The statement, “Passenger and light truck tires,
   31  including spare tires and tires that are stored or have had
   32  little or no use, deteriorate as they age and are more prone to
   33  sudden failure that can cause a crash. Heat caused by hot
   34  climates or frequent high-loading conditions can accelerate the
   35  aging process. Most vehicle manufacturers recommend that
   36  passenger or light truck tires be replaced after 6 years,
   37  regardless of the remaining tread depth.”
   38         (c) The disclosure must be initialed and dated by the
   39  purchaser. The dealer shall provide a copy of the disclosure to
   40  the purchaser and retain the original for at least 3 years.
   41         (2) This section does not:
   42         (a) Affect any rights or duties provided under other
   43  applicable laws.
   44         (b) Apply to the private sale of used tires or tires on
   45  used vehicles.
   46         (3) The Department of Agriculture and Consumer Services may
   47  enforce this section through administrative action with a fine
   48  of not more than $250 for each violation. This section is not
   49  enforceable by private action.
   50         (4) All fines collected under this section shall be
   51  deposited into the General Inspection Trust Fund and used to pay
   52  expenses incurred in the enforcement of this section.
   53         (5) The department shall adopt rules to administer this
   54  section.
   55         Section 2. This act shall take effect July 1, 2013.