Florida Senate - 2025                             CS for SB 1132
       
       
        
       By the Committee on Commerce and Tourism; and Senator Truenow
       
       
       
       
       
       577-02257-25                                          20251132c1
    1                        A bill to be entitled                      
    2         An act relating to consumers’ right to repair certain
    3         equipment; providing a directive to the Division of
    4         Law Revision; creating s. 559.971, F.S.; providing a
    5         short title; creating s. 559.972, F.S.; defining
    6         terms; creating s. 559.973, F.S.; requiring portable
    7         wireless device manufacturers to make certain items
    8         available to device owners and independent repair
    9         providers; prohibiting certain manufacturers from
   10         requiring authorized repair providers to continue
   11         purchasing certain information in a proprietary
   12         format; providing an exception; creating s. 559.974,
   13         F.S.; providing for enforcement; creating s. 559.975,
   14         F.S.; providing construction; creating s. 559.976,
   15         F.S.; providing applicability; creating s. 686.35,
   16         F.S.; defining terms; requiring original equipment
   17         manufacturers of agricultural equipment to make
   18         certain diagnostic and repair information available to
   19         independent repair providers and owners; prohibiting
   20         original equipment manufacturers from excluding
   21         certain information concerning security-related
   22         functions; providing construction and applicability;
   23         providing civil liability; providing an effective
   24         date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. The Division of Law Revision is directed to
   29  create part XIV of chapter 559, Florida Statutes, consisting of
   30  ss. 559.971-559.976, Florida Statutes, to be entitled “Digital
   31  Right to Repair.”
   32         Section 2. Section 559.971, Florida Statutes, is created to
   33  read:
   34         559.971Short title.—This part may be cited as the
   35  “Portable Wireless Device Repair Act.”
   36         Section 3. Section 559.972, Florida Statutes, is created to
   37  read:
   38         559.972Definitions.—As used in this act, the term:
   39         (1)“Authorized repair provider” means an individual or a
   40  business that is unaffiliated with the manufacturer and has an
   41  arrangement with the manufacturer under which the manufacturer
   42  grants to the individual or business a license to use a trade
   43  name, service mark, or other proprietary identifier for the
   44  diagnosis, maintenance, or repair of portable wireless devices
   45  under the name of the manufacturer, or any other arrangement
   46  with the manufacturer to offer services on behalf of the
   47  manufacturer. A manufacturer that offers the services of
   48  diagnosis, maintenance, or repair of portable wireless devices
   49  manufactured by the manufacturer or on the manufacturer’s
   50  behalf, or sold or otherwise supplied by the manufacturer, and
   51  that does not do so exclusively through one or more arrangements
   52  as described in this subsection with an unaffiliated individual
   53  or business, is deemed to be an authorized repair provider of
   54  portable wireless devices.
   55         (2)“Documentation” means a manual, a diagram, a reporting
   56  output, a service code description, a schematic, a security code
   57  or a password, or any other information used in the diagnosis,
   58  maintenance, or repair of portable wireless devices.
   59         (3)“Fair and reasonable terms,” for purposes of obtaining
   60  a part, a tool, or documentation, means costs and terms that are
   61  equivalent to the most favorable costs and terms under which the
   62  manufacturer offers the part, tool, or documentation to an
   63  authorized repair provider, accounting for any discount, rebate,
   64  convenient and timely means of delivery, means of enabling fully
   65  restored and updated functionality, rights of use, or other
   66  incentive or preference that the manufacturer offers to an
   67  authorized repair provider or any additional cost, burden, or
   68  impediment that the manufacturer imposes on an owner or
   69  independent repair provider. For documentation, including any
   70  relevant updates, the term also means at no charge, except that,
   71  when the documentation is requested in print form, a charge may
   72  be included for the reasonable actual costs of preparing and
   73  mailing the documentation.
   74         (4)“Independent repair provider” means an individual or a
   75  business that does not have an arrangement with a manufacturer
   76  as an authorized repair provider and that is not affiliated with
   77  any other individual or business that has such an arrangement
   78  with the manufacturer when that individual or business
   79  diagnoses, maintains, or repairs portable wireless devices. The
   80  term includes a manufacturer or an independent repair provider
   81  that diagnoses, maintains, or repairs portable wireless devices
   82  that are not manufactured by or on behalf of, or sold or
   83  otherwise supplied by, the manufacturer.
   84         (5)“Manufacturer” means an individual or a business that
   85  sells, leases, or otherwise supplies new portable wireless
   86  devices, or parts of new portable wireless devices, manufactured
   87  by or on behalf of the individual or business to another
   88  individual or business.
   89         (6)“Owner” means an individual or a business that lawfully
   90  acquires a portable wireless device purchased or used in this
   91  state.
   92         (7)“Part” means any replacement component made available
   93  by or to a manufacturer for the purpose of maintaining or
   94  repairing portable wireless devices manufactured by or on behalf
   95  of, sold by, or otherwise supplied by the manufacturer.
   96         (8)“Portable wireless device” means a product that
   97  includes a battery, microphone, speaker, and display designed to
   98  send and receive transmissions through a cellular radio
   99  telephone service.
  100         (9)“Tool” means any software program, hardware implement,
  101  or other apparatus used for diagnosing, maintaining, or
  102  repairing portable wireless devices, including software or other
  103  mechanisms that program or repair a part, calibrate
  104  functionality, or perform any other function required to bring
  105  portable wireless devices back to fully functional condition.
  106         (10)“Trade secret” has the same meaning as in s. 688.002.
  107         Section 4. Section 559.973, Florida Statutes, is created to
  108  read:
  109         559.973Requirements.—
  110         (1)A manufacturer must make available to an owner of a
  111  portable wireless device, and to an independent repair provider
  112  of such device, on fair and reasonable terms, documentation,
  113  parts, and tools, inclusive of any updates, for diagnosing,
  114  maintaining, or repairing such device. This subsection does not
  115  require a manufacturer to provide a part that is no longer
  116  available to the manufacturer.
  117         (2)A manufacturer that sells diagnostic, service, or
  118  repair information to an independent repair provider or any
  119  other third-party provider in a format that is standardized with
  120  other manufacturers, and in a manner and on terms and conditions
  121  more favorable than the manner and terms and conditions pursuant
  122  to which an authorized repair provider obtains the same
  123  diagnostic, service, or repair information, may not require an
  124  authorized repair provider to continue purchasing diagnostic,
  125  service, or repair information in a proprietary format, unless
  126  such proprietary format includes diagnostic, service, repair, or
  127  dealership operations information or functionality that is not
  128  available in such standardized format.
  129         Section 5. Section 559.974, Florida Statutes, is created to
  130  read:
  131         559.974Enforcement.—
  132         (1)(a)An independent repair provider or owner who believes
  133  that a manufacturer has failed to provide documentation, parts,
  134  or tools for diagnosing, maintaining, or repairing a portable
  135  wireless device, as required by this part, must notify the
  136  manufacturer, in writing, and give the manufacturer 30 days
  137  following receipt of notice to cure the failure. If the
  138  manufacturer responds to the notice and cures the failure within
  139  the cure period, damages are limited to actual damages in any
  140  subsequent litigation.
  141         (b)If a manufacturer fails to respond to the notice
  142  provided under paragraph (a), or if an independent repair
  143  provider or owner is not satisfied with the manufacturer’s cure,
  144  the independent repair provider or owner may file a complaint in
  145  the circuit court of the county in which the independent repair
  146  provider has his, her, or its principal place of business or in
  147  which the owner resides. The complaint must include the
  148  following:
  149         1.Written information confirming that the independent
  150  repair provider or owner has attempted to acquire and use,
  151  through the then-available standard support function provided by
  152  the manufacturer, relevant documentation, parts, and tools,
  153  including communicating with customer assistance.
  154         2.Evidence of manufacturer notification as required by
  155  paragraph (a).
  156         (2)In addition to the remedy provided under subsection
  157  (1), a violation of this part is a deceptive and unfair trade
  158  practice under the Florida Deceptive and Unfair Trade Practices
  159  Act. All remedies, penalties, and authority granted to the
  160  enforcing authority by that act are available for the
  161  enforcement of this part.
  162         Section 6. Section 559.975, Florida Statutes, is created to
  163  read:
  164         559.975Limitations.—
  165         (1)This part does not require a manufacturer to divulge a
  166  trade secret, except as necessary to provide documentation,
  167  parts, and tools on fair and reasonable terms.
  168         (2)This part does not require a manufacturer or an
  169  authorized repair provider to provide an owner or independent
  170  repair provider access to nondiagnostic and nonrepair
  171  information provided by a manufacturer to an authorized repair
  172  provider.
  173         Section 7. Section 559.976, Florida Statutes, is created to
  174  read:
  175         559.976Applicability.—
  176         (1)This part applies to portable wireless devices sold or
  177  in use on or after July 1, 2025.
  178         (2)This part does not apply to portable wireless devices
  179  approved by the United States Food and Drug Administration.
  180         Section 8. Section 686.35, Florida Statutes, is created to
  181  read:
  182         686.35Agricultural Equipment Fair Repair Act.—
  183         (1)As used in this section, the term:
  184         (a)“Authorized repair provider” means an individual or
  185  entity that has an arrangement for a definite or indefinite
  186  period in which an original equipment manufacturer grants to a
  187  separate individual or entity a license to use a trade name,
  188  service mark, or related characteristic for the purpose of
  189  offering repair services under the name of the original
  190  equipment manufacturer.
  191         (b)“Embedded software” means any programmable instructions
  192  provided on firmware delivered with equipment for the purpose of
  193  equipment operation, including all relevant patches and fixes
  194  made by the original equipment manufacturer for this purpose.
  195  The term includes, but is not limited to, a basic internal
  196  operating system, an internal operating system, machine code,
  197  assembly code, robot code, or microcode.
  198         (c)“Equipment” means digital electronic equipment, or a
  199  part for such equipment, which is originally manufactured for
  200  farm equipment, including combines, tractors, implements, self
  201  propelled equipment, and related attachments and implements, and
  202  which is manufactured for distribution and sale in this state.
  203         (d)“Fair and reasonable terms” means an equitable price in
  204  light of relevant factors, including, but not limited to:
  205         1.The net cost to the authorized repair provider for
  206  similar information obtained from an original equipment
  207  manufacturer, excluding any applicable discount, rebate, or
  208  other incentive program;
  209         2.The cost to the original equipment manufacturer for
  210  preparing and distributing the information, excluding any
  211  research and development costs incurred in designing and
  212  implementing, upgrading, or altering the product, but including
  213  amortized capital costs for the preparation and distribution of
  214  the information;
  215         3.The price charged by other original equipment
  216  manufacturers for similar information;
  217         4.The price charged by original equipment manufacturers
  218  for similar information before the launch of original equipment
  219  manufacturer websites;
  220         5.The ability of aftermarket technicians or shops to
  221  afford the information;
  222         6.The means by which the information is distributed;
  223         7.The extent to which the information is used, including
  224  the number of users and the frequency, duration, and volume of
  225  use; and
  226         8.Inflation.
  227         (e)“Firmware” means a software program or set of
  228  instructions programmed on a hardware device to allow the device
  229  to communicate with other computer hardware.
  230         (f)“Independent repair provider” means a person or
  231  business operating in this state which is not affiliated with an
  232  original equipment manufacturer or an original equipment
  233  manufacturer’s authorized repair provider and which is engaged
  234  in the diagnosis, service, maintenance, or repair of equipment.
  235  However, an original equipment manufacturer meets the definition
  236  of an independent repair provider if such original equipment
  237  manufacturer engages in the diagnosis, service, maintenance, or
  238  repair of equipment that is not affiliated with the original
  239  equipment manufacturer.
  240         (g)“Motor vehicle” means any vehicle that is designed for
  241  transporting persons or property on a street or highway and is
  242  certified by the motor vehicle manufacturer under all applicable
  243  federal safety and emissions standards and requirements for
  244  distribution and sale in the United States. The term does not
  245  include a motorcycle or a recreational vehicle or manufactured
  246  home equipped for habitation.
  247         (h)“Motor vehicle dealer” means a person or business that,
  248  in the ordinary course of business, is engaged in the selling or
  249  leasing of new motor vehicles to a person or business pursuant
  250  to a franchise agreement; is engaged in the diagnosis, service,
  251  maintenance, or repair of motor vehicles or motor vehicle
  252  engines pursuant to such franchise agreement; and has obtained a
  253  license under s. 320.27.
  254         (i)“Motor vehicle manufacturer” means a person or business
  255  engaged in the manufacturing or assembling of new motor
  256  vehicles.
  257         (j)“Original equipment manufacturer” means a person or
  258  business that, in the ordinary course of business, is engaged in
  259  the selling or leasing of new equipment to a person or business
  260  and is engaged in the diagnosis, service, maintenance, or repair
  261  of such equipment.
  262         (k)“Owner” means a person or business that owns or leases
  263  a digital electronic product purchased or used in this state.
  264         (l)“Part” means a replacement part, either new or used,
  265  which the original equipment manufacturer makes available to the
  266  authorized repair provider for the purpose of effecting repair.
  267         (m)“Trade secret” means anything, whether tangible or
  268  intangible or electronically stored or kept, which constitutes,
  269  represents, evidences, or records intellectual property,
  270  including secret or confidentially held designs, processes,
  271  procedures, formulas, inventions, or improvements or secret or
  272  confidentially held scientific, technical, merchandising,
  273  production, financial, business, or management information. The
  274  term also includes any other trade secret as defined in 18
  275  U.S.C. s. 1839.
  276         (2)For equipment sold and used in this state, the original
  277  equipment manufacturer shall make available diagnostic and
  278  repair information, including repair technical updates and
  279  corrections to embedded software, to any independent repair
  280  provider or owner of equipment manufactured by such original
  281  equipment manufacturer. The information must be made available
  282  for no charge or must be provided in the same manner as the
  283  original equipment manufacturer makes such diagnostic and repair
  284  information available to an authorized repair provider.
  285  Thereafter, the original equipment manufacturer is not
  286  responsible for the content and functionality of such
  287  aftermarket diagnostic tools, diagnostics, or service
  288  information systems.
  289         (3)Original equipment manufactured by the original
  290  equipment manufacturer which is sold or used in this state to
  291  provide security-related functions may not exclude from
  292  information provided to an owner or an independent repair
  293  provider any diagnostic, service, and repair information
  294  necessary to reset a security-related electronic function. If
  295  such information is excluded under this section, the information
  296  necessary to reset an immobilizer system or a security-related
  297  electronic module must be obtainable by an owner or an
  298  independent repair provider through the appropriate secure data
  299  release system.
  300         (4)This section may not be construed to do any of the
  301  following:
  302         (a)Require an original equipment manufacturer to divulge a
  303  trade secret.
  304         (b)Abrogate, interfere with, contradict, or alter the
  305  terms of an agreement executed and in force between an
  306  authorized repair provider and an original equipment
  307  manufacturer, including, but not limited to, the performance or
  308  provision of warranty or recall repair work by an authorized
  309  repair provider on behalf of an original equipment manufacturer
  310  pursuant to such authorized repair agreement, except that any
  311  provision in such an authorized repair agreement which purports
  312  to waive, avoid, restrict, or limit an original equipment
  313  manufacturer’s compliance with this section is void and
  314  unenforceable.
  315         (c)Require original equipment manufacturers or authorized
  316  repair providers to provide an owner or an independent repair
  317  provider access to nondiagnostic and repair information provided
  318  by an original equipment manufacturer to an authorized repair
  319  provider pursuant to the terms of an authorized repair
  320  agreement.
  321         (5)This section does not apply to motor vehicle
  322  manufacturers, any product or service of a motor vehicle
  323  manufacturer, or motor vehicle dealers.
  324         (6)An original equipment manufacturer found in violation
  325  of this section is liable for a civil penalty of not more than
  326  $500 for each violation.
  327         Section 9. This act shall take effect July 1, 2025.