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.