Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1132
Ì120574)Î120574
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/10/2025 .
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The Committee on Commerce and Tourism (Truenow) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 170 and 171
4 insert:
5 Section 8. Section 686.35, Florida Statutes, is created to
6 read:
7 686.35 Agricultural Equipment Fair Repair Act.—
8 (1) As used in this section, the term:
9 (a) “Authorized repair provider” means an individual or
10 entity that has an arrangement for a definite or indefinite
11 period in which an original equipment manufacturer grants to a
12 separate individual or entity a license to use a trade name,
13 service mark, or related characteristic for the purpose of
14 offering repair services under the name of the original
15 equipment manufacturer.
16 (b) “Embedded software” means any programmable instructions
17 provided on firmware delivered with equipment for the purpose of
18 equipment operation, including all relevant patches and fixes
19 made by the original equipment manufacturer for this purpose.
20 The term includes, but is not limited to, a basic internal
21 operating system, an internal operating system, machine code,
22 assembly code, robot code, or microcode.
23 (c) “Equipment” means digital electronic equipment, or a
24 part for such equipment, which is originally manufactured for
25 farm equipment, including combines, tractors, implements, self
26 propelled equipment, and related attachments and implements, and
27 which is manufactured for distribution and sale in this state.
28 (d) “Fair and reasonable terms” means an equitable price in
29 light of relevant factors, including, but not limited to:
30 1. The net cost to the authorized repair provider for
31 similar information obtained from an original equipment
32 manufacturer, excluding any applicable discount, rebate, or
33 other incentive program;
34 2. The cost to the original equipment manufacturer for
35 preparing and distributing the information, excluding any
36 research and development costs incurred in designing and
37 implementing, upgrading, or altering the product, but including
38 amortized capital costs for the preparation and distribution of
39 the information;
40 3. The price charged by other original equipment
41 manufacturers for similar information;
42 4. The price charged by original equipment manufacturers
43 for similar information before the launch of original equipment
44 manufacturer websites;
45 5. The ability of aftermarket technicians or shops to
46 afford the information;
47 6. The means by which the information is distributed;
48 7. The extent to which the information is used, including
49 the number of users and the frequency, duration, and volume of
50 use; and
51 8. Inflation.
52 (e) “Firmware” means a software program or set of
53 instructions programmed on a hardware device to allow the device
54 to communicate with other computer hardware.
55 (f) “Independent repair provider” means a person or
56 business operating in this state which is not affiliated with an
57 original equipment manufacturer or an original equipment
58 manufacturer’s authorized repair provider and which is engaged
59 in the diagnosis, service, maintenance, or repair of equipment.
60 However, an original equipment manufacturer meets the definition
61 of an independent repair provider if such original equipment
62 manufacturer engages in the diagnosis, service, maintenance, or
63 repair of equipment that is not affiliated with the original
64 equipment manufacturer.
65 (g) “Motor vehicle” means any vehicle that is designed for
66 transporting persons or property on a street or highway and is
67 certified by the motor vehicle manufacturer under all applicable
68 federal safety and emissions standards and requirements for
69 distribution and sale in the United States. The term does not
70 include a motorcycle or a recreational vehicle or manufactured
71 home equipped for habitation.
72 (h) “Motor vehicle dealer” means a person or business that,
73 in the ordinary course of business, is engaged in the selling or
74 leasing of new motor vehicles to a person or business pursuant
75 to a franchise agreement; is engaged in the diagnosis, service,
76 maintenance, or repair of motor vehicles or motor vehicle
77 engines pursuant to such franchise agreement; and has obtained a
78 license under s. 320.27.
79 (i) “Motor vehicle manufacturer” means a person or business
80 engaged in the manufacturing or assembling of new motor
81 vehicles.
82 (j) “Original equipment manufacturer” means a person or
83 business that, in the ordinary course of business, is engaged in
84 the selling or leasing of new equipment to a person or business
85 and is engaged in the diagnosis, service, maintenance, or repair
86 of such equipment.
87 (k) “Owner” means a person or business that owns or leases
88 a digital electronic product purchased or used in this state.
89 (l) “Part” means a replacement part, either new or used,
90 which the original equipment manufacturer makes available to the
91 authorized repair provider for the purpose of effecting repair.
92 (m) “Trade secret” means anything, whether tangible or
93 intangible or electronically stored or kept, which constitutes,
94 represents, evidences, or records intellectual property,
95 including secret or confidentially held designs, processes,
96 procedures, formulas, inventions, or improvements or secret or
97 confidentially held scientific, technical, merchandising,
98 production, financial, business, or management information. The
99 term also includes any other trade secret as defined in 18
100 U.S.C. s. 1839.
101 (2) For equipment sold and used in this state, the original
102 equipment manufacturer shall make available diagnostic and
103 repair information, including repair technical updates and
104 updates and corrections to embedded software, to any independent
105 repair provider or owner of equipment manufactured by such
106 original equipment manufacturer. The information must be made
107 available for no charge or must be provided in the same manner
108 as the original equipment manufacturer makes such diagnostic and
109 repair information available to an authorized repair provider.
110 Thereafter, the original equipment manufacturer is not
111 responsible for the content and functionality of such
112 aftermarket diagnostic tools, diagnostics, or service
113 information systems.
114 (3) Original equipment manufactured by the original
115 equipment manufacturer which is sold or used in this state to
116 provide security-related functions may not exclude from
117 information provided to an owner or an independent repair
118 provider any diagnostic, service, and repair information
119 necessary to reset a security-related electronic function. If
120 such information is excluded under this section, the information
121 necessary to reset an immobilizer system or a security-related
122 electronic module must be obtainable by an owner or an
123 independent repair provider through the appropriate secure data
124 release system.
125 (4) This section may not be construed to do any of the
126 following:
127 (a) Require an original equipment manufacturer to divulge a
128 trade secret.
129 (b) Abrogate, interfere with, contradict, or alter the
130 terms of an agreement executed and in force between an
131 authorized repair provider and an original equipment
132 manufacturer, including, but not limited to, the performance or
133 provision of warranty or recall repair work by an authorized
134 repair provider on behalf of an original equipment manufacturer
135 pursuant to such authorized repair agreement, except that any
136 provision in such an authorized repair agreement which purports
137 to waive, avoid, restrict, or limit an original equipment
138 manufacturer’s compliance with this section is void and
139 unenforceable.
140 (c) Require original equipment manufacturers or authorized
141 repair providers to provide an owner or an independent repair
142 provider access to nondiagnostic and repair information provided
143 by an original equipment manufacturer to an authorized repair
144 provider pursuant to the terms of an authorized repair
145 agreement.
146 (5) This section does not apply to motor vehicle
147 manufacturers, any product or service of a motor vehicle
148 manufacturer, or motor vehicle dealers.
149 (6) An original equipment manufacturer found in violation
150 of this section is liable for a civil penalty of not more than
151 $500 for each violation.
152
153 ================= T I T L E A M E N D M E N T ================
154 And the title is amended as follows:
155 Delete lines 2 - 15
156 and insert:
157 An act relating to consumers’ right to repair certain
158 equipment; providing a directive to the Division of
159 Law Revision; creating s. 559.971, F.S.; providing a
160 short title; creating s. 559.972, F.S.; defining
161 terms; creating s. 559.973, F.S.; requiring portable
162 wireless device manufacturers to make certain items
163 available to device owners and independent repair
164 providers; prohibiting certain manufacturers from
165 requiring authorized repair providers to continue
166 purchasing certain information in a proprietary
167 format; providing an exception; creating s. 559.974,
168 F.S.; providing for enforcement; creating s. 559.975,
169 F.S.; providing construction; creating s. 559.976,
170 F.S.; providing applicability; creating s. 686.35,
171 F.S.; defining terms; requiring original equipment
172 manufacturers of agricultural equipment to make
173 certain diagnostic and repair information available to
174 independent repair providers and owners; prohibiting
175 original equipment manufacturers from excluding
176 certain information concerning security-related
177 functions; providing construction and applicability;
178 providing civil liability; providing an effective
179 date.