The bill amends Section 604.40 of the Florida Statutes to enhance consumer protections regarding defective farm equipment. It defines "farm equipment" and establishes that consumers can report defects to manufacturers or authorized agents during the warranty period or within one year of delivery. Upon receiving such reports, manufacturers are required to repair the equipment at no cost to the consumer. If repairs are unsuccessful after a reasonable number of attempts, the manufacturer must either replace the equipment or refund the purchase price, including associated fees.
Additionally, the bill introduces a presumption that a manufacturer has made a reasonable number of attempts to repair if the same defect has been addressed three or more times without resolution. However, this presumption does not apply unless the manufacturer has received prior written notification from the consumer. The bill also outlines affirmative defenses for manufacturers and allows consumers to pursue civil action for violations of these provisions. The act is set to take effect on July 1, 2026.
Statutes affected: S 386 Filed: 604.40
S 386 er: 604.40