THE BILL ITSELF
SB 386
Farm Equipment
ENROLLED
2026
Legislature SB 386 2026386er
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An act relating to farm equipment; amending s. 604.40,
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F.S.; defining the term “farm equipment”; conforming
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provisions to changes made by the act; authorizing a
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consumer to report farm equipment that is defective
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and does not conform to specified warranties to the
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manufacturer or its authorized service agent during a
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specified timeframe to allow the manufacturer or its
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authorized agent to conform such farm equipment to
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such warranty; requiring the manufacturer or its
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authorized agent to make such repairs to conform the
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farm equipment to the warranty upon receipt of such
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report; requiring that such repairs be at no cost to
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the consumer; requiring the manufacturer or its
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authorized agent to replace or accept the return of
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the defective farm equipment under certain
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circumstances; providing a presumption; providing for
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the nonapplicability of the presumption; providing
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affirmative defenses; providing civil remedies;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 604.40, Florida Statutes, is amended to
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read:
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604.40 Farm equipment ; protection against defective farm
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equipment .—
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(1) As used in this section, the term “farm equipment”
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means all power-drawn, power-driven, or self-propelled equipment
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used on a farm or used to transport farm products.
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(2) Notwithstanding any other law, ordinance, rule, or
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policy to the contrary, farm equipment all power-drawn, power
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driven, or self-propelled equipment used on a farm or used to
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transport farm products may be stored, maintained, or repaired
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by the owner within the boundaries of the owner’s farm and at
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least 50 feet away from any public road without limitation.
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(2) This subsection section does not apply to farm
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equipment that is used in urban agriculture, as defined in s.
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604.73(3).
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(3)(a) If farm equipment is defective and does not conform
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to all applicable express written warranties, the consumer may
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report the defect to the manufacturer or its authorized service
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agent during the manufacturer’s warranty period or during the 1
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year period following the original delivery date of the farm
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equipment to the consumer to allow the manufacturer or its
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authorized agent the opportunity to conform the farm equipment
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to the warranty. Upon receipt of such report, the manufacturer
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or its authorized agent shall make such repairs as are necessary
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to conform the equipment to the warranty. Such repairs shall be
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at no cost to the consumer.
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(b) The manufacturer or its authorized agent shall replace
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the farm equipment with comparable farm equipment, or accept the
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return of the defective farm equipment from the consumer and
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refund the consumer the cash purchase price, including sales
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tax, license fees, registration fees, and any similar
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governmental charges if the manufacturer or its authorized
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dealer is not able to or otherwise fails to conform the farm
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equipment to any applicable express written warranty after a
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reasonable number of attempts.
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(c) It is presumed that the manufacturer has made a
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reasonable number of attempts to conform the farm equipment to
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the applicable express warranties if the same nonconformity has
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been the subject of repair three or more times by the
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manufacturer or its authorized agent but the nonconformity
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continues to exist.
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(d) In no event shall the presumption provided in paragraph
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(c) apply to a manufacturer unless the manufacturer or its
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authorized agent has received prior direct written notification
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from or on behalf of the consumer and been offered an
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opportunity to cure the alleged defect.
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(e) It is an affirmative defense to any claim under this
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chapter that:
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1. An alleged nonconformity does not substantially impair
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the farm equipment’s use and market value; or
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2. A nonconformity is the result of abuse or neglect, or of
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modifications or alterations of the farm equipment not
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authorized by the manufacturer.
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(f) This chapter may not be construed to limit or impair
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the rights or remedies which are otherwise available to a
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consumer under chapter 681.
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(g) Any consumer who suffers a loss by reason of a
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violation of this chapter may bring a civil action to enforce
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such provision.
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Section 2. This act shall take effect July 1, 2026.