THE BILL ITSELF
CS/CS/HB 637
Farm Equipment
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A bill to be entitled
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An act relating to farm equipment; amending s. 604.40,
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F.S.; defining the terms "consumer" and "farm
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equipment"; authorizing a consumer to report farm
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equipment that is defective and does not conform to
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specified warranties to the manufacturer or its
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authorized service agent during a specified timeframe
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to allow the manufacturer or its authorized agent to
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conform such farm equipment to such warranty;
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requiring the manufacturer or its authorized agent to
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make repairs to conform the farm equipment to the
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warranty upon receipt of such report; requiring that
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such repairs be at no cost to the consumer; requiring
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the manufacturer or its authorized agent to replace or
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accept the return of the defective farm equipment
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under certain circumstances; providing a presumption;
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authorizing an extension of the allowable repair
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period under certain conditions; providing affirmative
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defenses; providing civil remedies; providing
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applicability; 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:
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(a) "Consumer" means a purchaser or lessee of farm
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equipment, other than for purposes of resale, or a person
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entitled to enforce the obligations of the warranty during the
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duration of the farm equipment warranty period.
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(b) "Farm equipment" means all power-drawn, power-driven,
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or self-propelled equipment primarily designed for use on a farm
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or primarily designed 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 in writing to the manufacturer or its
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authorized service agent during the manufacturer's warranty
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period or during the 1-year period following the original
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delivery date of the farm equipment to the consumer to allow the
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manufacturer or its authorized agent the opportunity to conform
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the farm equipment to the warranty. Upon receipt of such report,
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the manufacturer or its authorized agent shall make such repairs
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as are necessary to conform the equipment to the warranty. Such
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repairs shall be 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 and the lienholder or holder of a security
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interest, if any, the cash purchase price, including sales tax,
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license fees, registration fees, and any similar governmental
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charges less a reasonable offset for prior use and depreciation
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of the farm equipment, 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. All reasonable attempts to conform the farm
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equipment to the manufacturer's warranty must be made within 18
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months after the consumer reports the defect to the manufacturer
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in accordance with paragraph (a).
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(d) In no event shall the presumption provided in
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paragraph (c) apply to a manufacturer unless the manufacturer or
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its authorized agent has received prior direct written
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notification from or on behalf of the consumer and been offered
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an opportunity to cure the alleged defect.
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(e) The allowable repair period shall be extended by any
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period of time during which repair services are not available to
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the consumer because of war, invasion, strike, fire, flood, or
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natural disaster.
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(f) It is an affirmative defense to any claim under this
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subsection 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
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of modifications to or alterations of the farm equipment not
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authorized by the manufacturer.
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(g) Any consumer who suffers a loss by reason of a
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violation of this subsection may bring a civil action to enforce
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such provision.
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(h) This subsection applies to farm equipment sold on or
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after July 1, 2026.
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Section 2. This act shall take effect July 1, 2026.