Florida 2022 Regular Session

Florida House Bill H1535 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to the fair repair of agricultural 2
16	16	equipment; providing a short title; creating s. 3
17	17	686.35, F.S.; defining terms; requiring original 4
18	18	equipment manufacturers of agricultural equipment to 5
19	19	make certain manufacturing, diagnostic, and repair 6
20	20	information available to independent repair providers 7
21	21	and owners; prohibiting the original equipment 8
22	22	manufacturers from excluding certain information 9
23	23	concerning security-related functions; providing 10
24	24	construction and applicability; providing civil 11
25	25	liability; providing an effective date. 12
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27	27	Be It Enacted by the Legislature of the State of Florida: 14
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29	29	Section 1. This act may be cited as the "Agricultural 16
30	30	Equipment Fair Repair Act." 17
31	31	Section 2. Section 686.35, Florida Statutes, is created to 18
32	32	read: 19
33	33	686.35 Fair repair of agricultural equipment. — 20
34	34	(1) As used in this section, the term: 21
35	35	(a) "Authorized repair provider" means an individual or an 22
36	36	entity that has an arrangement for a definite or indefinite 23
37	37	period in which an original equipment manufacturer grants to a 24
38	38	separate individual or entity a license to use a trade name, 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	service mark, or related characteristic for the purpose of 26
52	52	offering repair services under the name of the original 27
53	53	equipment manufacturer. 28
54	54	(b) "Embedded software" means any programmable 29
55	55	instructions provided on firmware delivered with the equipment 30
56	56	for the purpose of equipment operation, including all relevant 31
57	57	patches and fixes made by the o riginal equipment manufacturer 32
58	58	for this purpose. The term includes, but is not limited to, a 33
59	59	basic internal operating system, an internal operating system, a 34
60	60	machine code, an assembly code, a robot code, or a microcode. 35
61	61	(c) "Equipment" means digital elec tronic equipment, or a 36
62	62	part for such equipment, which is originally manufactured for 37
63	63	farm equipment, including combines, tractors, implements, self -38
64	64	propelled equipment, and related attachments and implements, and 39
65	65	which is manufactured for distribution and sale in this state. 40
66	66	(d) "Fair and reasonable terms" means an equitable price 41
67	67	in light of relevant factors, including, but not limited to: 42
68	68	1. The net cost to the authorized repair provider for 43
69	69	similar information obtained from an original equipment 44
70	70	manufacturer, excluding any discounts, rebates, or other 45
71	71	incentive programs; 46
72	72	2. The cost to the original equipment manufacturer for 47
73	73	preparing and distributing the information, excluding any 48
74	74	research and development costs incurred in designing and 49
75	75	implementing, upgrading, or altering the product, but including 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	amortized capital costs for the preparation and distribution of 51
89	89	the information; 52
90	90	3. The price charged by other original equipment 53
91	91	manufacturers for similar information; 54
92	92	4. The price charged by origin al equipment manufacturers 55
93	93	for similar information before the launch of original equipment 56
94	94	manufacturer websites; 57
95	95	5. The ability of aftermarket technicians or shops to 58
96	96	afford the information; 59
97	97	6. The means by which the information is distributed; 60
98	98	7. The extent to which the information is used, including 61
99	99	the number of users and the frequency, duration, and volume of 62
100	100	use; and 63
101	101	8. Inflation. 64
102	102	(e) "Firmware" means a software program or set of 65
103	103	instructions programmed on a hardware device to allow the dev ice 66
104	104	to communicate with other computer hardware. 67
105	105	(f) "Independent repair provider" means a person or 68
106	106	business operating in this state which is not affiliated with an 69
107	107	original equipment manufacturer or an original equipment 70
108	108	manufacturer's authorized repai r provider and which is engaged 71
109	109	in the diagnosis, service, maintenance, or repair of equipment. 72
110	110	However, an original equipment manufacturer meets the definition 73
111	111	of an independent repair provider when such original equipment 74
112	112	manufacturer engages in the diag nosis, service, maintenance, or 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	repair of equipment that is not affiliated with the original 76
126	126	equipment manufacturer. 77
127	127	(g) "Motor vehicle" means any vehicle that is designed for 78
128	128	transporting persons or property on a street or highway and 79
129	129	certified by the motor vehicle manufacturer under all applicable 80
130	130	federal safety and emissions standards and requirements for 81
131	131	distribution and sale in the United States. The term does not 82
132	132	include a motorcycle or a recreational vehicle or manufactured 83
133	133	home equipped for habita tion. 84
134	134	(h) "Motor vehicle dealer" means a person or business 85
135	135	that, in the ordinary course of business, is engaged in the 86
136	136	selling or leasing of new motor vehicles to a person or business 87
137	137	pursuant to a franchise agreement; is engaged in the diagnosis, 88
138	138	service, maintenance, or repair of motor vehicles or motor 89
139	139	vehicle engines pursuant to such franchise agreement; and has 90
140	140	obtained a license under s. 320.27. 91
141	141	(i) "Motor vehicle manufacturer" means a person or 92
142	142	business engaged in the manufacturing or assembling of new motor 93
143	143	vehicles. 94
144	144	(j) "Original equipment manufacturer" means a person or 95
145	145	business that, in the ordinary course of business, is engaged in 96
146	146	the selling or leasing of new equipment to a person or business 97
147	147	and is engaged in the diagnosis, service, mai ntenance, or repair 98
148	148	of such equipment. 99
149	149	(k) "Owner" means a person or business that owns or leases 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	a digital electronic product purchased or used in this state. 101
163	163	(l) "Part" means a replacement part, either new or used, 102
164	164	which the original equipment manufa cturer makes available to the 103
165	165	authorized repair provider for purposes of effecting repair. 104
166	166	(m) "Trade secret" means anything tangible or intangible 105
167	167	or electronically stored or kept which constitutes, represents, 106
168	168	evidences, or records intellectual propert y, including secret or 107
169	169	confidentially held designs, processes, procedures, formulas, 108
170	170	inventions, or improvements or secret or confidentially held 109
171	171	scientific, technical, merchandising, production, financial, 110
172	172	business, or management information. The term als o includes any 111
173	173	other trade secret as defined in 18 U.S.C. s. 1839, as such 112
174	174	section existed on January 1, 2020. 113
175	175	(2) For equipment sold and used in this state, the 114
176	176	original equipment manufacturer shall make available diagnostic 115
177	177	and repair documentation, in cluding repair technical updates and 116
178	178	updates and corrections to embedded software, to any independent 117
179	179	repair provider or owner of equipment manufactured by such 118
180	180	original equipment manufacturer. The information must be made 119
181	181	available for no charge or provid ed in the same manner as the 120
182	182	original equipment manufacturer makes such diagnostic and repair 121
183	183	documentation available to an authorized repair provider. 122
184	184	Thereafter, the original equipment manufacturer is not 123
185	185	responsible for the content and functionality of such 124
186	186	aftermarket diagnostic tools, diagnostics, or service 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	information systems. 126
200	200	(3) Original equipment manufactured by the original 127
201	201	equipment manufacturer which is sold or used in this state to 128
202	202	provide security-related functions may not exclude from 129
203	203	information provided to an owner or independent repair provider 130
204	204	any diagnostic, service, and repair documentation necessary to 131
205	205	reset a security-related electronic function. If such 132
206	206	documentation is excluded under this section, the documentation 133
207	207	necessary to reset an immobilizer system or a security -related 134
208	208	electronic module must be obtained by an owner or independent 135
209	209	repair provider through the appropriate secure data release 136
210	210	systems. 137
211	211	(4) This section may not be construed to do any of the 138
212	212	following: 139
213	213	(a) Require an original equipment manufacturer to divulge 140
214	214	a trade secret. 141
215	215	(b) Abrogate, interfere with, contradict, or alter the 142
216	216	terms of an agreement executed and in force between an 143
217	217	authorized repair provider and an original equipment 144
218	218	manufacturer, including, but not limited to, the performance or 145
219	219	provision of warranty or recall repair work by an authorized 146
220	220	repair provider on behalf of an original equipment manufacturer 147
221	221	pursuant to such authorized repair agreement, except that any 148
222	222	provision in such an authoriz ed repair agreement which purports 149
223	223	to waive, avoid, restrict, or limit an original equipment 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	manufacturer's compliance with this section is void and 151
237	237	unenforceable. 152
238	238	(c) Require original equipment manufacturers or authorized 153
239	239	repair providers to provide an owner or independent repair 154
240	240	provider access to nondiagnostic and repair documentation 155
241	241	provided by an original equipment manufacturer to an authorized 156
242	242	repair provider pursuant to the terms of an authorized repair 157
243	243	agreement. 158
244	244	(5) This section does not apply to motor vehicle 159
245	245	manufacturers, any product or service of a motor vehicle 160
246	246	manufacturer, or motor vehicle dealers. 161
247	247	(6) Any original equipment manufacturer found in violation 162
248	248	of this section is liable for a civil penalty of not more than 163
249	249	$500 for each violation. 164
250	250	Section 3. This act shall take effect July 1, 2022. 165