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;