Florida Senate - 2025 COMMITTEE AMENDMENT Bill No. CS for SB 1132 Ì678730,Î678730 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/25/2025 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Agriculture (Truenow) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 179 - 324 4 and insert: 5 approved by the United States Food and Drug Administration, 6 security or life-safety systems and devices, or manufacturers of 7 security or life-safety systems and devices. 8 Section 8. Section 686.35, Florida Statutes, is created to 9 read: 10 686.35 Agricultural Equipment Fair Repair Act.— 11 (1) As used in this section, the term: 12 (a) “Authorized repair provider” means an individual or 13 entity that has an arrangement for a definite or indefinite 14 period in which an original equipment manufacturer grants to a 15 separate individual or entity a license to use a trade name, 16 service mark, or related characteristic for the purpose of 17 offering repair services under the name of the original 18 equipment manufacturer. 19 (b) “Embedded software” means any programmable instructions 20 provided on firmware delivered with equipment for the purpose of 21 equipment operation, including all relevant patches and fixes 22 made by the original equipment manufacturer for this purpose. 23 The term includes, but is not limited to, a basic internal 24 operating system, an internal operating system, machine code, 25 assembly code, robot code, or microcode. 26 (c) “Equipment” means digital electronic equipment, or a 27 part for such equipment, which is originally manufactured for 28 farm equipment, including combines, tractors, implements, self 29 propelled equipment, and related attachments and implements, and 30 which is manufactured for distribution and sale in this state. 31 (d) “Fair and reasonable terms” means an equitable price in 32 light of relevant factors, including, but not limited to: 33 1. The net cost to the authorized repair provider for 34 similar information obtained from an original equipment 35 manufacturer, excluding any applicable discount, rebate, or 36 other incentive program; 37 2. The cost to the original equipment manufacturer for 38 preparing and distributing the information, excluding any 39 research and development costs incurred in designing and 40 implementing, upgrading, or altering the product, but including 41 amortized capital costs for the preparation and distribution of 42 the information; 43 3. The price charged by other original equipment 44 manufacturers for similar information; 45 4. The price charged by original equipment manufacturers 46 for similar information before the launch of original equipment 47 manufacturer websites; 48 5. The ability of aftermarket technicians or shops to 49 afford the information; 50 6. The means by which the information is distributed; 51 7. The extent to which the information is used, including 52 the number of users and the frequency, duration, and volume of 53 use; and 54 8. Inflation. 55 (e) “Firmware” means a software program or set of 56 instructions programmed on a hardware device to allow the device 57 to communicate with other computer hardware. 58 (f) “Independent repair provider” means a person or 59 business operating in this state which is not affiliated with an 60 original equipment manufacturer or an original equipment 61 manufacturer’s authorized repair provider and which is engaged 62 in the diagnosis, service, maintenance, or repair of equipment. 63 However, an original equipment manufacturer meets the definition 64 of an independent repair provider if such original equipment 65 manufacturer engages in the diagnosis, service, maintenance, or 66 repair of equipment that is not affiliated with the original 67 equipment manufacturer. 68 (g) “Original equipment manufacturer” means a person or 69 business that, in the ordinary course of business, is engaged in 70 the selling or leasing of new equipment to a person or business 71 and is engaged in the diagnosis, service, maintenance, or repair 72 of such equipment. 73 (h) “Owner” means a person or business that owns or leases 74 a digital electronic product purchased or used in this state. 75 (i) “Part” means a replacement part, either new or used, 76 which the original equipment manufacturer makes available to the 77 authorized repair provider for the purpose of effecting repair. 78 (j) “Trade secret” means anything, whether tangible or 79 intangible or electronically stored or kept, which constitutes, 80 represents, evidences, or records intellectual property, 81 including secret or confidentially held designs, processes, 82 procedures, formulas, inventions, or improvements or secret or 83 confidentially held scientific, technical, merchandising, 84 production, financial, business, or management information. The 85 term also includes any other trade secret as defined in 18 86 U.S.C. s. 1839. 87 (2) For equipment sold and used in this state, the original 88 equipment manufacturer shall make available diagnostic and 89 repair information, including repair technical updates and 90 corrections to embedded software, to any independent repair 91 provider or owner of equipment manufactured by such original 92 equipment manufacturer. The information must be made available 93 for no charge or must be provided in the same manner as the 94 original equipment manufacturer makes such diagnostic and repair 95 information available to an authorized repair provider. 96 Thereafter, the original equipment manufacturer is not 97 responsible for the content and functionality of such 98 aftermarket diagnostic tools, diagnostics, or service 99 information systems. 100 (3) Original equipment manufactured by the original 101 equipment manufacturer which is sold or used in this state to 102 provide security-related functions may not exclude from 103 information provided to an owner or an independent repair 104 provider any diagnostic, service, and repair information 105 necessary to reset a security-related electronic function. If 106 such information is excluded under this section, the information 107 necessary to reset an immobilizer system or a security-related 108 electronic module must be obtainable by an owner or an 109 independent repair provider through the appropriate secure data 110 release system. 111 (4) This section may not be construed to do any of the 112 following: 113 (a) Require an original equipment manufacturer to divulge a 114 trade secret. 115 (b) Abrogate, interfere with, contradict, or alter the 116 terms of an agreement executed and in force between an 117 authorized repair provider and an original equipment 118 manufacturer, including, but not limited to, the performance or 119 provision of warranty or recall repair work by an authorized 120 repair provider on behalf of an original equipment manufacturer 121 pursuant to such authorized repair agreement, except that any 122 provision in such an authorized repair agreement which purports 123 to waive, avoid, restrict, or limit an original equipment 124 manufacturer’s compliance with this section is void and 125 unenforceable. 126 (c) Require original equipment manufacturers or authorized 127 repair providers to provide an owner or an independent repair 128 provider access to nondiagnostic and repair information provided 129 by an original equipment manufacturer to an authorized repair 130 provider pursuant to the terms of an authorized repair 131 agreement. 132 (5) An original equipment manufacturer found in violation 133 134 ================= T I T L E A M E N D M E N T ================ 135 And the title is amended as follows: 136 Delete line 22 137 and insert: 138 functions; providing construction;