Florida Senate - 2023                                    SB 1204
       By Senator Simon
       3-01422-23                                            20231204__
    1                        A bill to be entitled                      
    2         An act relating to flat-rate tire installations or
    3         replacements; creating s. 559.912, F.S.; defining the
    4         term “flat-rate tire installation or replacement”;
    5         authorizing motor vehicle repair shops to comply with
    6         certain requirements for transactions that consist
    7         exclusively of flat-rate tire installation or
    8         replacement; requiring motor vehicle repair shops to
    9         provide specified notice to customers before accepting
   10         payment for a flat-rate tire installation or
   11         replacement; providing requirements and authorizations
   12         for motor vehicle repair shops that are unable to
   13         complete work by a specified completion date;
   14         requiring motor vehicle repair shops to give a full
   15         refund within a specified timeframe to customers who
   16         cancel a flat-rate tire replacement or installation;
   17         requiring motor vehicle repair shops to expeditiously
   18         reassemble a motor vehicle upon such cancellation;
   19         providing exceptions; prohibiting a motor vehicle
   20         repair shop from billing a customer for charges
   21         related to such reassembly; providing an effective
   22         date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Section 559.912, Florida Statutes, is created to
   27  read:
   28         559.912 Flat-rate tire installation or replacement.—
   29         (1)As used in this section, the term “flat-rate tire
   30  installation or replacement” means a transaction in which a set
   31  price is charged to the customer for all labor, parts, and fees
   32  associated with a tire installation or replacement regardless of
   33  time spent completing the installation or replacement, and the
   34  full price is paid before any work is commenced. Tire
   35  installation or replacement includes services that are necessary
   36  to the installation or replacement of tires, including, but not
   37  limited to, tire mounting, rotation, and balancing, but it does
   38  not include any repair or maintenance work on the wheels or
   39  axles.
   40         (2)(a)If a transaction consists exclusively of a flat-rate
   41  tire installation or replacement, the motor vehicle repair shop
   42  may comply with this subsection in lieu of the estimate
   43  requirements under s. 559.905 and the invoice requirements under
   44  s. 559.911.
   45         (b)Before accepting any payment from the customer for a
   46  flat-rate tire installation or replacement, the motor vehicle
   47  repair shop must provide the customer with a written invoice
   48  that includes all of the following items:
   49         1. The name, address, telephone number, and registration
   50  number of the motor vehicle repair shop.
   51         2. The name, address, and telephone number of the customer.
   52         3. The date and time of the transaction.
   53         4. The year, make, model, odometer reading, and license tag
   54  number of the motor vehicle.
   55         5.A work completion date.
   56         6. A general description of the work or service relating to
   57  the motor vehicle that is being performed and an itemized
   58  accounting of the cost of each good and service provided as well
   59  as any fees.
   60         7.A statement indicating what, if anything, is guaranteed
   61  in connection with the repair work and the time and mileage
   62  period for which the guarantee is effective.
   63         8. A statement allowing the customer to indicate whether
   64  replaced parts should be saved for inspection or return.
   65         9. A statement indicating the daily charge for storing the
   66  customer’s motor vehicle after the customer has been notified
   67  that the work has been completed. However, storage charges may
   68  not accrue or be due and payable for a period of 3 working days
   69  after the date of such notification.
   70         (3)A motor vehicle repair shop that gives a work
   71  completion date pursuant to subparagraph (2)(b)5. and is not
   72  able to complete the work by such date must promptly notify the
   73  customer and give him or her the option of canceling the
   74  transaction. The shop may also provide the customer with the
   75  option of accepting a modified work completion date.
   76         (4)A motor vehicle repair shop that cannot complete the
   77  work described on a flat-rate tire installation or replacement
   78  invoice without additional charges must promptly notify the
   79  customer and give the customer the option to cancel the flat
   80  rate tire installation or replacement. The shop may also provide
   81  the customer with an estimate for the entire scope of work to be
   82  performed, including a full credit for the prepaid amount. Any
   83  estimate provided pursuant to this subsection must comply with
   84  the estimate and disclosure requirements under s. 559.905. If
   85  the customer agrees to the additional charges, the shop must
   86  comply with the requirements under s. 559.911.
   87         (5)(a)If a customer cancels a flat-rate tire replacement
   88  or installation pursuant to subsection (3) or subsection (4),
   89  the motor vehicle repair shop must give the customer a full
   90  refund for the transaction within 48 hours after the
   91  cancellation. Upon cancellation, the motor vehicle repair shop
   92  must expeditiously reassemble the motor vehicle in a condition
   93  reasonably similar to the condition in which it was received
   94  unless:
   95         1. The customer waives the reassembly requirement in
   96  writing; or
   97         2. The reassembled vehicle would be unsafe.
   98         (b)A motor vehicle repair shop may not bill the customer
   99  for charges related to reassembly.
  100         Section 2. This act shall take effect July 1, 2023.