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: 34 559.971 Short 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: 38 559.972 Definitions.—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: 109 559.973 Requirements.— 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: 131 559.974 Enforcement.— 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: 164 559.975 Limitations.— 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: 175 559.976 Applicability.— 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: 182 686.35 Agricultural 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.