Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1132
       
       
       
       
       
       
                                Ì678730,Î678730                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/25/2025           .                                
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       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         686.35Agricultural 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;