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         559.971Short 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         559.972Definitions.—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         559.973Requirements.—
  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         559.974Enforcement.—
  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         559.975Limitations.—
  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         559.976Applicability.—
  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.