Florida Senate - 2013                                    SB 1588
       
       
       
       By Senator Evers
       
       
       
       
       2-01198-13                                            20131588__
    1                        A bill to be entitled                      
    2         An act relating to used tires; prohibiting the sale of
    3         unsafe used tires by used tire retailers; providing an
    4         exception; providing what constitutes an unsafe used
    5         tire; providing a civil penalty; providing for the
    6         deposit and use of the penalties collected; providing
    7         an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Sale of used tires; penalty.—
   12         (1) It is unlawful for any used tire retailer in this state
   13  to sell unsafe used tires. This section does not apply to a used
   14  tire retailer who sells used tires for recapping.
   15         (2) For purposes of this section, a used tire is considered
   16  unsafe if the tire:
   17         (a) Is worn to 2/32 of an inch tread depth or less on any
   18  area of the tread;
   19         (b) Has any damage exposing the reinforcing piles of the
   20  tire, including any cuts, cracks, bulges, punctures, scrapes, or
   21  wear;
   22         (c) Has had an improper repair including:
   23         1. Any repair made in the tread shoulder or belt edge area
   24  of the tire;
   25         2. Any puncture that has not been sealed or patched on the
   26  inside and repaired with a cured rubber stem through to the
   27  outside of the tire;
   28         3. A repair to the sidewall or bead area of the tire; or
   29         4. A puncture repair of damage larger than one-quarter of
   30  an inch;
   31         (d) Has evidence of prior use of a temporary tire sealant
   32  without evidence of a subsequent proper repair;
   33         (e) Has its tire identification number defaced or removed;
   34         (f) Is a recalled tire whose sale is prohibited pursuant to
   35  federal law;
   36         (g) Has inner liner or bead damage; or
   37         (h) Has an indication of internal separation, such as
   38  bulges or local areas of irregular tread wear.
   39         (3) A person or retailer who violates this section shall
   40  pay a civil penalty of $500 per violation. For purposes of this
   41  section, each sale of an unsafe used tire constitutes a separate
   42  violation.
   43         (4) All penalties collected under this section shall be
   44  deposited into the General Inspection Trust Fund, accounted for
   45  separately, and used for the sole purpose of administering this
   46  section.
   47         Section 2. This act shall take effect July 1, 2013.