The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Agriculture
BILL: SB 422
INTRODUCER: Senator Bradley
SUBJECT: Fair Repair of Agricultural Equipment
DATE: March 17, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Burse Becker AG Favorable
2. CM
3. RC
I. Summary:
SB 422 creates the “Agricultural Equipment Fair Repair Act,” requiring original equipment
manufacturers of agricultural equipment to provide certain manufacturing, diagnostic, and repair
information to independent repair providers and owners. Original equipment manufacturers are
prohibited from excluding certain information concerning security-related functions. The bill does
not apply to motor vehicle manufacturers or motor vehicle dealers. Additionally, a civil penalty
may be collected from any original equipment manufacturer who is found to be in violation.
The bill takes effect July 1, 2023.
II. Present Situation:
Agricultural Equipment Manufacturers and Dealers Act
S. 686.401, F.S., states that the distribution and sale of equipment primarily designed for or used
in agriculture affects the general economy of the state, the public interest, and the public welfare.
It is therefore deemed necessary to regulate the conduct of manufacturers, distributors, and dealers
of agricultural equipment doing business in Florida in order to prevent fraud, unfair business
practices, unfair methods of competition, impositions, and other abuses upon its citizens.
Currently, the State does not regulate the distribution of information related to manufacturing,
diagnostic, and repair between original equipment manufacturers (OEM) and independent repair
providers and owners.
BILL: SB 422 Page 2
Right to Repair Legislation
Over the years, 44 states have considered right to repair legislation. Massachusetts,1 Colorado,2
and New York3 have been the only states successful in this endeavor to date. Texas,4 Washington,5
Missouri,6 Colorado,7 and New Jersey8 are among the states that have introduced legislation
surrounding the availability of diagnostic and repair information to any independent repair
provider or owner of products manufactured by an OEM.
Massachusetts
Mass. Gen. Laws Ann. chapter 165, § 93K (2013)9 requires vehicle owners and independent repair
facilities in Massachusetts to have access to the same vehicle diagnostic and repair information
made available to the manufacturers, dealers located in Massachusetts, and authorized repair
facilities. This legislation includes provisions similar to that of SB 422, including protections
surrounding trade secrets and the terms of an authorized repair agreement.
Colorado
Colorado HB 22-1031 (2022)10 requires that a powered wheelchair manufacturer facilitate the
repair of its powered wheelchairs by providing certain other persons with the resources needed to
repair the manufacturer's powered wheelchairs. This legislation includes provisions similar to that
of SB 422.
New York
NY Gen. Bus. chapter 20, § 399-nn (2022)11 requires OEMs to make diagnostic and repair
information for digital electronic parts and equipment available to independent repair providers
and consumers if such parts and repair information are also available to OEM authorized repair
providers. This legislation also includes provisions similar to that of SB 422.
Association of Equipment Manufacturers and Equipment Dealers Association
The Association of Equipment Manufacturers and the Equipment Dealers Association created
R2R Solutions,12 which compiles maintenance, diagnostic, and repair information for tractors and
combines.13 The publication is available online and includes access to manuals, product guides,
1
Mass. Gen. Laws Ann. ch. 165, § 93K (2013).
2
Colorado HB 22-1031 (2022)
3
NY Gen. Bus. Ch. 20, § 399-nn (2022).
4
Texas HB 515 (2022).
5
Washington HB 1392 (2023).
6
Missouri HB 698 (2023).
7
Colorado HB HB23-1011 (2023).
8
New Jersey A1538 (2022).
9
Mass. Gen. Laws Ann. ch. 165, § 93K (2013).
10
Colorado HB 22-1031 (2022)
11
NY Gen. Bus. Ch. 20, § 399-nn (2022)
12
Association of Equipment Manufacturers and Equipment Dealers Association, Right to Repair Solutions, R2R
Solutions.org, https://r2rsolutions.org/ (last visited March 17, 2023).
13
Association of Equipment Manufacturers, Right to Repair, https://www.aem.org/advocacy-old/right-to-repair (last visited
March 17, 2023).
BILL: SB 422 Page 3
product service demonstrations, fleet management information, and more. R2R Solutions provides
owners with access to descriptions for fault codes on equipment, allowing owners the ability to
choose whether to repair machinery independently or turn to an authorized repair provider.
American Farm Bureau Federation and John Deere
In January 2023, the American Farm Bureau Federation ("AFBF") and John Deere signed a
Memorandum of Understanding14 to ensure farmers’ right to repair their own farm equipment. The
MOU became effective January 8, 2023 and set guidelines for how the agreement would operate
moving forward.15 The agreement ensures farmers’ access to manuals, trainings, seminars, on-
board diagnostics and other publications with information on service, parts, operation, and safety.16
American Farm Bureau Federation, Case IH and New Holland
In March 2023, the American Farm Bureau Federation ("AFBF"), Case IH and New Holland
signed a Memorandum of Understanding17 granting farmers the right to repair their own farm
equipment. The MOU became effective March 9, 2023 and contained similar guidelines and access
to those in the MOU with John Deere signed in January 2023.18 This MOU now gives farmers the
right to repair their own farm equipment with three major farm equipment manufacturers.
III. Effect of Proposed Changes:
The Agricultural Equipment Fair Repair Act
The bill creates s. 686.35, F.S., known as the “Agricultural Equipment Fair Repair Act.” The bill
requires that original equipment manufacturers (OEM) provide diagnostic and repair
documentation, including updates and corrections to embedded software, to any independent repair
provider or owner of equipment manufactured by the OEM. Such information must be available
free of charge or provided to an independent repair provider or owner in the same manner that the
OEM would divulge such information to an authorized repair provider.
Following the dissemination of this information, the OEM is not responsible for the content and
functionality of such aftermarket diagnostic tools, diagnostics, or service information systems.
Definitions
The bill provides definitions for the following terms:
Authorized repair provider,
Embedded software,
Equipment,
Fair and reasonable terms,
14
See https://www.fb.org/files/AFBF_John_Deere_MOU.pdf (last visited March 17, 2023).
15
Id.
16
Id.
17
See https://www.fb.org/files/AFBF_John_Deere_MOU.pdf (last visited March 17, 2023).
18
See https://www.fb.org/files/AFBF_John_Deere_MOU.pdf (last visited March 17, 2023).
BILL: SB 422 Page 4
Firmware,
Independent repair provider,
Motor vehicle,
Motor vehicle dealer,
Motor vehicle manufacturer,
Original equipment manufacturer,
Owner,
Part, and
Trade secret.
Information Concerning Security-Related Functions
The bill requires that diagnostic, service, and repair documentation needed to reset a security-
related electronic function be provided to an owner or independent repair provider as long as this
documentation is not excluded under the terms defined within this bill. If so, the necessary
documentation must be obtained by an owner or independent repair provider through the
appropriate secure data release systems.
Exclusions
The bill explicitly does not:
Require that an OEM divulge a trade secret.
Interfere with the terms of an agreement between the OEM and an authorized repair provider
with the exception of any provision within the agreement that waives, avoids, restricts, or
limits and OEM’s compliance with the terms defined within this bill.
Require that OEMs or authorized repair providers give an owner or independent repair
provider access to non-diagnostic and repair documentation provided by an OEM to an
authorized repair provider pursuant the terms of an authorized repair agreement.
Apply to motor vehicle manufacturers, any product or service of a motor vehicle
manufacturer, or motor vehicle dealers.
Other Provisions
The bill provides that any OEM found in violation is liable to a civil penalty of not more than
$500 for each violation.
This bill takes effect July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
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B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Original equipment manufacturers may be susceptible to liability if modifications are made on
equipment that result in serious injury. Original equipment manufacturers may also be subject to
a decrease in revenue related to repairs as owners will be authorized to seek repair services from
independent repair providers and may be subject to a civil penalty of not more than $500.
Owners of equipment will acquire the ability to maintain, service, repair, and rebuild their
agricultural equipment on their own accord or by the repair shop of their choice as a result of the
provisions implemented by this bill. This may cause a positive fiscal impact for owners as they
will no longer bear the cost of transportation of faulty equipment to an authorized repair provider
or dealer for service.
C. Government Sector Impact:
The bill creates a new civil penalty of not more than $500, which may increase revenue if the
provisions set forth by this bill are violated.
VI. Technical Deficiencies:
Line 41 defines “fair and reasonable terms,” but that definition is not used in the substance of the
bill.
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VII. Related Issues:
As written, the bill allows equipment owners autonomy over repairs. Equipment owners will
have the ability to make modifications that may lead to environmental, safety, and liability
implications for customers and dealers.
VIII. Statutes Affected:
This bill creates section 686.35 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.