Senate Bill sb2890

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    Florida Senate - 2007                                  SB 2890

    By Senator Aronberg





    27-1580-07

  1                      A bill to be entitled

  2         An act relating to motor vehicles; providing a

  3         short title; providing legislative findings;

  4         providing purposes; requiring a manufacturer of

  5         motor vehicles to provide certain information

  6         with regard to the repair, service, or

  7         diagnosis of a motor vehicle to the owner of

  8         the motor vehicle or a repair facility of the

  9         owner's choosing; providing requirements for

10         the information to be provided to the owner of

11         the motor vehicle or independent vehicle repair

12         facility; providing that the act does not

13         require the disclosure of trade secrets;

14         requiring the Department of Highway Safety and

15         Motor Vehicles to adopt rules setting forth a

16         method by which a manufacturer of motor

17         vehicles must provide certain information;

18         prohibiting the department from adopting

19         certain rules; providing civil penalties;

20         providing for the recovery of attorney's fees

21         and costs; providing an effective date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Motor vehicle owners' right to repair.--

26         (1)  This section may be cited as the "Motor Vehicle

27  Owners' Right to Repair Act."

28         (2)  The Legislature finds and declares that:

29         (a)  The ability to diagnose, service, and repair a

30  motor vehicle in a timely, reliable, and affordable manner is

31  

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    Florida Senate - 2007                                  SB 2890
    27-1580-07




 1  essential to the safety and well-being of consumers in this

 2  state.

 3         (b)  A consumer is entitled to choose among competing

 4  repair facilities for the convenient, reliable, and affordable

 5  repair of his or her motor vehicle.

 6         (c)  Increased competition among repair facilities will

 7  benefit vehicle owners in this state.

 8         (d)  Computers of various kinds are commonly used in

 9  motor vehicle systems, such as pollution control,

10  transmission, antilock brakes, electronic and mechanical

11  systems, heating and air conditioning, mobile electronics,

12  airbags, and steering.

13         (e)  The diagnosis, service, and repair of these

14  vehicle systems are essential to the safe and proper operation

15  of motor vehicles.

16         (f)  In many instances, access codes prevent owners

17  from making, or having made, the necessary diagnosis, service,

18  and repair of their motor vehicles in a timely, convenient,

19  reliable, and affordable manner.

20         (g)  Vehicle owners in this state have the right to:

21         1.  Obtain all information necessary to provide for the

22  diagnosis, service, and repair of their vehicles;

23         2.  Have access to affordable auto parts and services

24  when repairing their motor vehicles; and

25         3.  Make, or have made, repairs necessary to keep their

26  vehicles in reasonably good and serviceable condition during

27  the life of the vehicle.

28         (h)  The restriction of access to vehicle repair

29  information inherently limits who can repair motor vehicles

30  and what brands of parts may be used to repair those vehicles,

31  which limits consumer choice and impedes competition.

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    Florida Senate - 2007                                  SB 2890
    27-1580-07




 1         (3)  The purposes of this section are to:

 2         (a)  Ensure the safety of all vehicle owners in this

 3  state by requiring disclosure of all information necessary for

 4  the proper diagnosis, service, and repair of a motor vehicle

 5  in a timely, reliable, and affordable manner.

 6         (b)  Encourage competition in the diagnosis, service,

 7  and repair of motor vehicles in this state.

 8         (4)  Each manufacturer of motor vehicles sold in this

 9  state shall promptly provide to the vehicle owner, or to a

10  repair facility of the motor vehicle owner's choosing, the

11  information necessary to diagnose, service, or repair the

12  vehicle. The motor vehicle manufacturer must make available

13  all nonemission-related service information, training

14  information, and diagnostic tools on a nondiscriminatory basis

15  to any repair facility of the owner's choosing, and may not

16  limit such information to those repair facilities that are

17  within the manufacturer's approved network.

18         (a)  The same service and training information related

19  to vehicle repair must be made available to all independent

20  vehicle repair facilities in the same manner and extent as it

21  is made available to franchised dealerships, and must include

22  all information needed to activate all controls that can be

23  activated by a franchised dealership.

24         (b)  The same diagnostic tools and capabilities related

25  to vehicle repair which are made available to franchised

26  dealerships must be made available to independent vehicle

27  repair facilities. These diagnostic tools and capabilities

28  must be made available for purchase by a motor vehicle owner

29  or his or her agent through reasonable business means. The

30  service and training information and manufacturer diagnostic

31  capabilities must be available to any independent vehicle

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    Florida Senate - 2007                                  SB 2890
    27-1580-07




 1  repair facility and to the company from which the independent

 2  vehicle repair facility normally purchases diagnostic tools

 3  without the need for the motor vehicle owner to return to a

 4  franchised dealership.

 5         (5)  This section does not require the disclosure of

 6  trade secrets, and does not require the public disclosure of

 7  any information related exclusively to the design and

 8  manufacture of motor vehicle parts. Information necessary to

 9  repair a motor vehicle may not be withheld by a manufacturer

10  if such information is provided, directly or indirectly by

11  such manufacturer, to franchised dealerships or other vehicle

12  repair facilities.

13         (6)  By June 30, 2008, the Department of Highway Safety

14  and Motor Vehicles shall adopt rules setting forth an

15  appropriate and uniform method by which a motor vehicle

16  manufacturer must provide the information required in

17  subsection (4), including disclosure in writing, on the

18  Internet, or in any other manner, or under other terms that

19  the department considers appropriate. These rules shall take

20  effect upon final issuance and shall apply to vehicles

21  manufactured after the 1994 model year.

22         (7)  The department may not prescribe rules that:

23         (a)  Interfere with the authority of the administrator

24  of the Environmental Protection Agency under s. 202(m) of the

25  Clean Air Act, 42 U.S.C. 7521(m), with regard to diagnostic

26  systems for motor vehicle emissions controls; or

27         (b)  Conflict with any rules or regulations prescribed

28  by the administrator of the Environmental Protection Agency

29  under that section.

30         (8)  If a manufacturer of a motor vehicle offered for

31  sale in this state violates this section, in addition to any

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    Florida Senate - 2007                                  SB 2890
    27-1580-07




 1  other penalty provided by law, the manufacturer is subject to

 2  a penalty of not more than $10,000 for the first offense and

 3  not more than $20,000 for the second and each subsequent

 4  offense. If there is ongoing non-compliance with this section,

 5  such manufacturer shall be subject to a penalty of not more

 6  than $20,000 after each period of 60 days of ongoing

 7  noncompliance. A vehicle owner or a repair facility may bring

 8  a civil action to enjoin a violation of this section, to

 9  recover all economic damages arising from such violation, and

10  to recover all costs of litigation, including reasonable

11  attorney's fees and expert witness fees.

12         Section 2.  This act shall take effect July 1, 2007.

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15                          SENATE SUMMARY

16    Requires a manufacturer of motor vehicles to provide
      certain information with regard to the repair, service,
17    or diagnosis of a motor vehicle to the owner or an
      independent repair facility. Provides requirements for
18    the information to be provided to the owner of the motor
      vehicle or repair facility. Provides that the act does
19    not require the disclosure of trade secrets. Requires the
      Department of Highway Safety and Motor Vehicles to adopt
20    rules setting forth a method by which a manufacturer of
      motor vehicles must provide certain information.
21    Prohibits the department from adopting certain rules.
      Provides civil penalties.
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