H 637

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  CS/CS/HB 637  2026
1A bill to be entitled
2An act relating to farm equipment; amending s. 604.40,
3F.S.; defining the terms "consumer" and "farm
4equipment"; authorizing a consumer to report farm
5equipment that is defective and does not conform to
6specified warranties to the manufacturer or its
7authorized service agent during a specified timeframe
8to allow the manufacturer or its authorized agent to
9conform such farm equipment to such warranty;
10requiring the manufacturer or its authorized agent to
11make repairs to conform the farm equipment to the
12warranty upon receipt of such report; requiring that
13such repairs be at no cost to the consumer; requiring
14the manufacturer or its authorized agent to replace or
15accept the return of the defective farm equipment
16under certain circumstances; providing a presumption;
17authorizing an extension of the allowable repair
18period under certain conditions; providing affirmative
19defenses; providing civil remedies; providing
20applicability; providing an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24Section 1.  Section 604.40, Florida Statutes, is amended to
25read:
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26604.40       Farm equipment; protection against defective farm
27    equipment.—
28(1)     As used in this section, the term:
29(a)     "Consumer" means a purchaser or lessee of farm
30    equipment, other than for purposes of resale, or a person
31    entitled to enforce the obligations of the warranty during the
32    duration of the farm equipment warranty period.
33(b)     "Farm equipment" means all power-drawn, power-driven,
34    or self-propelled equipment primarily designed for use on a farm
35    or primarily designed to transport farm products.
36(2)     Notwithstanding any other law, ordinance, rule, or
37    policy to the contrary, farm equipment all power-drawn, power-
38    driven, or self-propelled equipment used on a farm or used to
39    transport farm products may be stored, maintained, or repaired
40    by the owner within the boundaries of the owner's farm and at
41    least 50 feet away from any public road without limitation.
42(2)     This subsection section does not apply to farm
43    equipment that is used in urban agriculture, as defined in s.
44    604.73(3).
45(3)(a)       If farm equipment is defective and does not conform
46    to all applicable express written warranties, the consumer may
47    report the defect in writing to the manufacturer or its
48    authorized service agent during the manufacturer's warranty
49    period or during the 1-year period following the original
50    delivery date of the farm equipment to the consumer to allow the
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51    manufacturer or its authorized agent the opportunity to conform
52    the farm equipment to the warranty. Upon receipt of such report,
53    the manufacturer or its authorized agent shall make such repairs
54    as are necessary to conform the equipment to the warranty. Such
55    repairs shall be at no cost to the consumer.
56(b)     The manufacturer or its authorized agent shall replace
57    the farm equipment with comparable farm equipment, or accept the
58    return of the defective farm equipment from the consumer and
59    refund the consumer and the lienholder or holder of a security
60    interest, if any, the cash purchase price, including sales tax,
61    license fees, registration fees, and any similar governmental
62    charges less a reasonable offset for prior use and depreciation
63    of the farm equipment, if the manufacturer or its authorized
64    dealer is not able to or otherwise fails to conform the farm
65    equipment to any applicable express written warranty after a
66    reasonable number of attempts.
67(c)     It is presumed that the manufacturer has made a
68    reasonable number of attempts to conform the farm equipment to
69    the applicable express warranties if the same nonconformity has
70    been the subject of repair three or more times by the
71    manufacturer or its authorized agent but the nonconformity
72    continues to exist. All reasonable attempts to conform the farm
73    equipment to the manufacturer's warranty must be made within 18
74    months after the consumer reports the defect to the manufacturer
75    in accordance with paragraph (a).
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76(d)      In no event shall the presumption provided in
77    paragraph (c) apply to a manufacturer unless the manufacturer or
78    its authorized agent has received prior direct written
79    notification from or on behalf of the consumer and been offered
80    an opportunity to cure the alleged defect.
81(e)      The allowable repair period shall be extended by any
82    period of time during which repair services are not available to
83    the consumer because of war, invasion, strike, fire, flood, or
84    natural disaster.
85(f)      It is an affirmative defense to any claim under this
86    subsection that:
871.      An alleged nonconformity does not substantially impair
88    the farm equipment's use and market value; or
892.      A nonconformity is the result of abuse or neglect, or
90    of modifications to or alterations of the farm equipment not
91    authorized by the manufacturer.
92(g)     Any consumer who suffers a loss by reason of a
93    violation of this subsection may bring a civil action to enforce
94    such provision.
95(h)      This subsection applies to farm equipment sold on or
96    after July 1, 2026.
97Section 2.  This act shall take effect July 1, 2026.
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