Florida Senate - 2021 SB 374 By Senator Bradley 5-00459-21 2021374__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to the fair repair of agricultural 2 equipment; providing a

short title; creating s. 3 686.35, F.S.; defining terms; requiring original 4 equipment manufacturers of agricultural equipment to 5 provide certain manufacturing, diagnostic, and repair 6 information to independent repair providers and 7 owners; prohibiting the original equipment 8 manufacturers from excluding certain information 9 concerning security-related functions; providing 10 construction and applicability; providing civil 11 liability; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15

Section 1. This act may be cited as the “Agricultural 16 Equipment Fair Repair Act.” 17

Section

Section 686.35, Florida Statutes, is created to 18 read: 19 686.35 Fair repair of agricultural equipment.— 20

(1) As used in this section, the term: 21 (a) “Authorized repair provider” means an individual or an 22 entity that has an arrangement for a definite or indefinite 23 period in which an original equipment manufacturer grants to a 24 separate individual or entity a license to use a trade name, 25 service mark, or related characteristic for the purpose of 26 offering repair services under the name of the original 27 equipment manufacturer. 28 (b) “Embedded software” means any programmable instructions 29

Florida Senate - 2021 SB 374 5-00459-21 2021374__ Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions. provided on firmware delivered with the equipment for the 30 purpose of equipment operation, including all relevant patches 31 and fixes made by the original equipment manufacturer for this 32 purpose.

The term includes, but is not limited to, a basic 33 internal operating system, an internal operating system, a 34 machine code, an assembly code, a robot code, or a microcode. 35 (c) “Equipment” means digital electronic equipment, or a 36 part for such equipment, which is originally manufactured for 37 farm equipment, including combines, tractors, implements, self-38 propelled equipment, and related attachments and implements, and 39 that is manufactured for distribution and sale in this state. 40 (d) “Fair and reasonable terms” means an equitable price in 41 light of relevant factors, including, but not limited to: 42 1.

The net cost to the authorized repair provider for 43 similar information obtained from an original equipment 44 manufacturer, excluding any discounts, rebates, or other 45 incentive programs; 46 2. The cost to the original equipment manufacturer for 47 preparing and distributing the information, excluding any 48 research and development costs incurred in designing and 49 implementing, upgrading, or altering the product, but including 50 amortized capital costs for the preparation and distribution of 51 the information; 52 3.

The price charged by other original equipment 53 manufacturers for similar information; 54 4. The price charged by original equipment manufacturers 55 for similar information before the launch of original equipment 56 manufacturer websites; 57 5. The ability of aftermarket technicians or shops to 58

Florida Senate - 2021 SB 374 5-00459-21 2021374__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. afford the information; 59 6. The means by which the information is distributed; 60 7. The extent to which the information is used, including 61 the number of users and the frequency, duration, and volume of 62 use; and 63 8.

Inflation. 64 (e) “Firmware” means a software program or set of 65 instructions programmed on a hardware device to allow the device 66 to communicate with other computer hardware. 67 (f) “Independent repair provider” means a person or 68 business operating in this state which is not affiliated with an 69 original equipment manufacturer or an original equipment 70 manufacturer’s authorized repair provider and which is engaged 71 in the diagnosis, service, maintenance, or repair of equipment. 72 However, an original equipment manufacturer meets the definition 73 of an independent repair provider when such original equipment 74 manufacturer engages in the diagnosis, service, maintenance, or 75 repair of equipment that is not affiliated with the original 76 equipment manufacturer. 77 (g) “Motor vehicle” means any vehicle that is designed for 78 transporting persons or property on a street or highway and 79 certified by the motor vehicle manufacturer under all applicable 80 federal safety and emissions standards and requirements for 81 distribution and sale in the United States.

The term does not 82 include a motorcycle or a recreational vehicle or manufactured 83 home equipped for habitation. 84 (h) “Motor vehicle dealer” means a person or business that, 85 in the ordinary course of business, is engaged in the selling or 86 leasing of new motor vehicles to a person or business pursuant 87

Florida Senate - 2021 SB 374 5-00459-21 2021374__ Page 4 of 6 CODING: Words stricken are deletions; words underlined are additions. to a franchise agreement; is engaged in the diagnosis, service, 88 maintenance, or repair of motor vehicles or motor vehicle 89 engines pursuant to such franchise agreement; and has obtained a 90 license under s. 320.27. 91 (i) “Motor vehicle manufacturer” means a person or business 92 engaged in the manufacturing or assembling of new motor 93 vehicles. 94 (j) “Original equipment manufacturer” means a person or 95 business that, in the ordinary course of business, is engaged in 96 the selling or leasing of new equipment to a person or business 97 and is engaged in the diagnosis, service, maintenance, or repair 98 of such equipment. 99 (k) “Owner” means a person or business that owns or leases 100 a digital electronic product purchased or used in this state. 101 (l) “Part” means a replacement part, either new or used, 102 which the original equipment manufacturer makes available to the 103 authorized repair provider for purposes of effecting repair. 104 (m) “Trade secret” means anything tangible or intangible or 105 electronically stored or kept which constitutes, represents, 106 evidences, or records intellectual property, including secret or 107 confidentially held designs, processes, procedures, formulas, 108 inventions, or improvements or secret or confidentially held 109 scientific, technical, merchandising, production, financial, 110 business, or management information.

The term also includes any 111 other trade secret as defined in 18 U.S.C. 1839, as such

section 112 existed on January 1, 2020. 113

(2) For equipment sold and used in this state, the original 114 equipment manufacturer shall make available diagnostic and 115 repair documentation, including repair technical updates and 116

Florida Senate - 2021 SB 374 5-00459-21 2021374__ Page 5 of 6 CODING: Words stricken are deletions; words underlined are additions. updates and corrections to embedded software, to any independent 117 repair provider or owner of equipment manufactured by such 118 original equipment manufacturer.

The information must be made 119 available for no charge or provided in the same manner as the 120 original equipment manufacturer makes such diagnostic and repair 121 documentation available to an authorized repair provider. 122 Thereafter, the original equipment manufacturer is not 123 responsible for the content and functionality of such 124 aftermarket diagnostic tools, diagnostics, or service 125 information systems. 126

(3) Original equipment manufactured by the original 127 equipment manufacturer which is sold or used in this state to 128 provide security-related functions may not exclude diagnostic, 129 service, and repair documentation that is necessary to reset a 130 security-related electronic function from information provided 131 to an owner or independent repair provider. If such 132 documentation is excluded under this section, the documentation 133 necessary to reset an immobilizer system or a security-related 134 electronic module must be obtained by an owner or independent 135 repair provider through the appropriate secure data release 136 systems. 137

(4) This

section may not be construed to do any of the 138 following: 139 (

a) Require an original equipment manufacturer to divulge a 140 trade secret. 141 (

b) Abrogate, interfere with, contradict, or alter the 142 terms of an agreement executed and in force between an 143 authorized repair provider and an original equipment 144 manufacturer, including, but not limited to, the performance or 145

Florida Senate - 2021 SB 374 5-00459-21 2021374__ Page 6 of 6 CODING: Words stricken are deletions; words underlined are additions. provision of warranty or recall repair work by an authorized 146 repair provider on behalf of an original equipment manufacturer 147 pursuant to such authorized repair agreement, except that any 148 provision in such an authorized repair agreement which purports 149 to waive, avoid, restrict, or limit an original equipment 150 manufacturer’s compliance with this

section is void and 151 unenforceable. 152 (

c) Require original equipment manufacturers or authorized 153 repair providers to provide an owner or independent repair 154 provider access to nondiagnostic and repair documentation 155 provided by an original equipment manufacturer to an authorized 156 repair provider pursuant to the terms of an authorized repair 157 agreement. 158

(5) This

section does not apply to motor vehicle 159 manufacturers, any product or service of a motor vehicle 160 manufacturer, or motor vehicle dealers. 161

(6) Any original equipment manufacturer found in violation 162 of this

section is liable to a civil penalty of not more than 163 $500 for each violation. 164

Section 3. This act shall take effect July 1, 2021. 165