Florida SB 386: Water Management District Boundaries

Bill Text

386 
Farm Equipment 
2026-03-18T04:56:08Z 
Authorizing a consumer to report farm equipment that is defective and does not conform to specified warranties to the manufacturer or its authorized service agent during a specified timeframe to allow the manufacturer or its authorized agent to conform such farm equipment to such warranty; requiring the manufacturer or its authorized agent to make such repairs to conform the farm equipment to the warranty upon receipt of such report, etc. 
ENROLLED 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
er 

 ENROLLED 
 2026 Legislature SB 386 

 2026386er 
 1 
 2 An act relating to farm equipment; amending s. 604.40, 
 3 F.S.; defining the term “farm equipment”; conforming 
 4 provisions to changes made by the act; authorizing a 
 5 consumer to report farm equipment that is defective 
 6 and does not conform to specified warranties to the 
 7 manufacturer or its authorized service agent during a 
 8 specified timeframe to allow the manufacturer or its 
 9 authorized agent to conform such farm equipment to 
 10 such warranty; requiring the manufacturer or its 
 11 authorized agent to make such repairs to conform the 
 12 farm equipment to the warranty upon receipt of such 
 13 report; requiring that such repairs be at no cost to 
 14 the consumer; requiring the manufacturer or its 
 15 authorized agent to replace or accept the return of 
 16 the defective farm equipment under certain 
 17 circumstances; providing a presumption; providing for 
 18 the nonapplicability of the presumption; providing 
 19 affirmative defenses; providing civil remedies; 
 20 providing an effective date. 
 21 
 22 Be It Enacted by the Legislature of the State of Florida: 
 23 
 24 Section 1. Section 604.40, Florida Statutes, is amended to 
 25 read: 
 26 604.40 Farm equipment; protection against defective farm 
 27 equipment.— 
 28 (1) As used in this section, the term “farm equipment” 
 29 means all power-drawn, power-driven, or self-propelled equipment 
 30 used on a farm or used to transport farm products. 
 31 (2) Notwithstanding any other law, ordinance, rule, or 
 32 policy to the contrary, farm equipment all power-drawn, power 
 33 driven, or self-propelled equipment used on a farm or used to 
 34 transport farm products may be stored, maintained, or repaired 
 35 by the owner within the boundaries of the owner’s farm and at 
 36 least 50 feet away from any public road without limitation. 
 37 (2) This subsection section does not apply to farm 
 38 equipment that is used in urban agriculture, as defined in s. 
 39 604.73(3). 
 40 (3)(a) If farm equipment is defective and does not conform 
 41 to all applicable express written warranties, the consumer may 
 42 report the defect to the manufacturer or its authorized service 
 43 agent during the manufacturer’s warranty period or during the 1 
 44 year period following the original delivery date of the farm 
 45 equipment to the consumer to allow the manufacturer or its 
 46 authorized agent the opportunity to conform the farm equipment 
 47 to the warranty. Upon receipt of such report, the manufacturer 
 48 or its authorized agent shall make such repairs as are necessary 
 49 to conform the equipment to the warranty. Such repairs shall be 
 50 at no cost to the consumer. 
 51 (b) The manufacturer or its authorized agent shall replace 
 52 the farm equipment with comparable farm equipment, or accept the 
 53 return of the defective farm equipment from the consumer and 
 54 refund the consumer the cash purchase price, including sales 
 55 tax, license fees, registration fees, and any similar 
 56 governmental charges if the manufacturer or its authorized 
 57 dealer is not able to or otherwise fails to conform the farm 
 58 equipment to any applicable express written warranty after a 
 59 reasonable number of attempts. 
 60 (c) It is presumed that the manufacturer has made a 
 61 reasonable number of attempts to conform the farm equipment to 
 62 the applicable express warranties if the same nonconformity has 
 63 been the subject of repair three or more times by the 
 64 manufacturer or its authorized agent but the nonconformity 
 65 continues to exist. 
 66 (d) In no event shall the presumption provided in paragraph 
 67 (c) apply to a manufacturer unless the manufacturer or its 
 68 authorized agent has received prior direct written notification 
 69 from or on behalf of the consumer and been offered an 
 70 opportunity to cure the alleged defect. 
 71 (e) It is an affirmative defense to any claim under this 
 72 chapter that: 
 73 1. An alleged nonconformity does not substantially impair 
 74 the farm equipment’s use and market value; or 
 75 2. A nonconformity is the result of abuse or neglect, or of 
 76 modifications or alterations of the farm equipment not 
 77 authorized by the manufacturer. 
 78 (f) This chapter may not be construed to limit or impair 
 79 the rights or remedies which are otherwise available to a 
 80 consumer und