Florida Senate - 2025 SB 1132
By Senator Truenow
13-01670-25 20251132__
1 A bill to be entitled
2 An act relating to digital right to repair; providing
3 a directive to the Division of Law Revision; creating
4 s. 559.971, F.S.; providing a short title; creating s.
5 559.972, F.S.; defining terms; creating s. 559.973,
6 F.S.; requiring portable wireless device manufacturers
7 to make certain items available to device owners and
8 independent repair providers; prohibiting certain
9 manufacturers from requiring authorized repair
10 providers to continue purchasing certain information
11 in a proprietary format; providing an exception;
12 creating s. 559.974, F.S.; providing for enforcement;
13 creating s. 559.975, F.S.; providing construction;
14 creating s. 559.976, F.S.; providing applicability;
15 providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. The Division of Law Revision is directed to
20 create part XIV of chapter 559, Florida Statutes, consisting of
21 ss. 559.971-559.976, Florida Statutes, to be entitled “Digital
22 Right to Repair.”
23 Section 2. Section 559.971, Florida Statutes, is created to
24 read:
25 559.971 Short title.-This part may be cited as the
26 “Portable Wireless Device Repair Act.”
27 Section 3. Section 559.972, Florida Statutes, is created to
28 read:
29 559.972 Definitions.—As used in this act, the term:
30 (1) “Authorized repair provider” means an individual or a
31 business that is unaffiliated with the manufacturer and has an
32 arrangement with the manufacturer under which the manufacturer
33 grants to the individual or business a license to use a trade
34 name, service mark, or other proprietary identifier for the
35 diagnosis, maintenance, or repair of portable wireless devices
36 under the name of the manufacturer, or any other arrangement
37 with the manufacturer to offer services on behalf of the
38 manufacturer. A manufacturer that offers the services of
39 diagnosis, maintenance, or repair of portable wireless devices
40 manufactured by the manufacturer or on the manufacturer’s
41 behalf, or sold or otherwise supplied by the manufacturer, and
42 that does not do so exclusively through one or more arrangements
43 as described in this subsection with an unaffiliated individual
44 or business, is deemed to be an authorized repair provider of
45 portable wireless devices.
46 (2) “Documentation” means a manual, a diagram, a reporting
47 output, a service code description, a schematic, a security code
48 or a password, or any other information used in the diagnosis,
49 maintenance, or repair of portable wireless devices.
50 (3) “Fair and reasonable terms,” for purposes of obtaining
51 a part, a tool, or documentation, means costs and terms that are
52 equivalent to the most favorable costs and terms under which the
53 manufacturer offers the part, tool, or documentation to an
54 authorized repair provider, accounting for any discount, rebate,
55 convenient and timely means of delivery, means of enabling fully
56 restored and updated functionality, rights of use, or other
57 incentive or preference that the manufacturer offers to an
58 authorized repair provider or any additional cost, burden, or
59 impediment that the manufacturer imposes on an owner or
60 independent repair provider. For documentation, including any
61 relevant updates, the term also means at no charge, except that,
62 when the documentation is requested in print form, a charge may
63 be included for the reasonable actual costs of preparing and
64 mailing the documentation.
65 (4) “Independent repair provider” means an individual or a
66 business that does not have an arrangement with a manufacturer
67 as an authorized repair provider and that is not affiliated with
68 any other individual or business that has such an arrangement
69 with the manufacturer when that individual or business
70 diagnoses, maintains, or repairs portable wireless devices. The
71 term includes a manufacturer or an independent repair provider
72 that diagnoses, maintains, or repairs portable wireless devices
73 that are not manufactured by or on behalf of, or sold or
74 otherwise supplied by, the manufacturer.
75 (5) “Manufacturer” means an individual or a business that
76 sells, leases, or otherwise supplies new portable wireless
77 devices, or parts of new portable wireless devices, manufactured
78 by or on behalf of the individual or business to another
79 individual or business.
80 (6) “Owner” means an individual or a business that lawfully
81 acquires a portable wireless device purchased or used in this
82 state.
83 (7) “Part” means any replacement component made available
84 by or to a manufacturer for the purpose of maintaining or
85 repairing portable wireless devices manufactured by or on behalf
86 of, sold by, or otherwise supplied by the manufacturer.
87 (8) “Portable wireless device” means a product that
88 includes a battery, microphone, speaker, and display designed to
89 send and receive transmissions through a cellular radio
90 telephone service.
91 (9) “Tool” means any software program, hardware implement,
92 or other apparatus used for diagnosing, maintaining, or
93 repairing portable wireless devices, including software or other
94 mechanisms that program or repair a part, calibrate
95 functionality, or perform any other function required to bring
96 portable wireless devices back to fully functional condition.
97 (10) “Trade secret” has the same meaning as in s. 688.002.
98 Section 4. Section 559.973, Florida Statutes, is created to
99 read:
100 559.973 Requirements.—
101 (1) A manufacturer must make available to an owner of a
102 portable wireless device, and to an independent repair provider
103 of such device, on fair and reasonable terms, documentation,
104 parts, and tools, inclusive of any updates, for diagnosing,
105 maintaining, or repairing such device. This subsection does not
106 require a manufacturer to provide a part that is no longer
107 available to the manufacturer.
108 (2) A manufacturer that sells diagnostic, service, or
109 repair information to an independent repair provider or any
110 other third-party provider in a format that is standardized with
111 other manufacturers, and in a manner and on terms and conditions
112 more favorable than the manner and terms and conditions pursuant
113 to which an authorized repair provider obtains the same
114 diagnostic, service, or repair information, may not require an
115 authorized repair provider to continue purchasing diagnostic,
116 service, or repair information in a proprietary format, unless
117 such proprietary format includes diagnostic, service, repair, or
118 dealership operations information or functionality that is not
119 available in such standardized format.
120 Section 5. Section 559.974, Florida Statutes, is created to
121 read:
122 559.974 Enforcement.—
123 (1)(a) An independent repair provider or owner who believes
124 that a manufacturer has failed to provide documentation, parts,
125 or tools for diagnosing, maintaining, or repairing a portable
126 wireless device, as required by this part, must notify the
127 manufacturer, in writing, and give the manufacturer 30 days
128 following receipt of notice to cure the failure. If the
129 manufacturer responds to the notice and cures the failure within
130 the cure period, damages are limited to actual damages in any
131 subsequent litigation.
132 (b) If a manufacturer fails to respond to the notice
133 provided under paragraph (a), or if an independent repair
134 provider or owner is not satisfied with the manufacturer’s cure,
135 the independent repair provider or owner may file a complaint in
136 the circuit court of the county in which the independent repair
137 provider has his, her, or its principal place of business or in
138 which the owner resides. The complaint must include the
139 following:
140 1. Written information confirming that the independent
141 repair provider or owner has attempted to acquire and use,
142 through the then-available standard support function provided by
143 the manufacturer, relevant documentation, parts, and tools,
144 including communicating with customer assistance.
145 2. Evidence of manufacturer notification as required by
146 paragraph (a).
147 (2) In addition to the remedy provided under subsection
148 (1), a violation of this part is a deceptive and unfair trade
149 practice under the Florida Deceptive and Unfair Trade Practices
150 Act. All remedies, penalties, and authority granted to the
151 enforcing authority by that act are available for the
152 enforcement of this part.
153 Section 6. Section 559.975, Florida Statutes, is created to
154 read:
155 559.975 Limitations.—
156 (1) This part does not require a manufacturer to divulge a
157 trade secret, except as necessary to provide documentation,
158 parts, and tools on fair and reasonable terms.
159 (2) This part does not require a manufacturer or an
160 authorized repair provider to provide an owner or independent
161 repair provider access to nondiagnostic and nonrepair
162 information provided by a manufacturer to an authorized repair
163 provider.
164 Section 7. Section 559.976, Florida Statutes, is created to
165 read:
166 559.976 Applicability.—
167 (1) This part applies to portable wireless devices sold or
168 in use on or after July 1, 2025.
169 (2) This part does not apply to portable wireless devices
170 approved by the United States Food and Drug Administration.
171 Section 8. This act shall take effect July 1, 2025.