Florida 2025 Regular Session

Florida House Bill H0235 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to digital right to repair; providing 2
16	16	a directive to the Division of Law Revision; creating 3
17	17	s. 559.971, F.S.; providing a short title; creating s. 4
18	18	559.972, F.S.; providing definitions; creating s. 5
19	19	559.973, F.S.; requiring portable wireless device 6
20	20	manufacturers to make certain items available to 7
21	21	device owners and independent repair providers; 8
22	22	prohibiting certain manufacturers from requiring 9
23	23	authorized repair providers to continue purchasing 10
24	24	certain information in a proprietary format; providing 11
25	25	an exception; creating s. 559.974, F.S.; providing for 12
26	26	enforcement; creating s. 559.975, F.S.; providing 13
27	27	construction; creating s. 559.976, F.S.; providing 14
28	28	applicability; providing an effective date. 15
29	29	16
30	30	Be It Enacted by the Legislature of the State of Florida: 17
31	31	18
32	32	Section 1. The Division of Law Revision is directed to 19
33	33	create part XIV of chapter 559, Florida Statutes, consisting of 20
34	34	ss. 559.971-559.976, to be entitled "Digital Right to Repair." 21
35	35	Section 2. Section 559.971, Florida Statutes, is created 22
36	36	to read: 23
37	37	559.971 Short title. -This part may be cited as the 24
38	38	"Portable Wireless Device Repair Act." 25
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40	40	HB 235 2025
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45	45	hb235-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	Section 3. Section 559.972, Florida Statutes, is crea ted 26
52	52	to read: 27
53	53	559.972 Definitions. —As used in this act, the term: 28
54	54	(1) "Authorized repair provider" means an individual or a 29
55	55	business that is unaffiliated with the manufacturer and has an 30
56	56	arrangement with the manufacturer under which the manufacturer 31
57	57	grants to the individual or business a license to use a trade 32
58	58	name, service mark, or other proprietary identifier for the 33
59	59	diagnosis, maintenance, or repair of portable wireless devices 34
60	60	under the name of the manufacturer, or any other arrangement 35
61	61	with the manufacturer to offer services on behalf of the 36
62	62	manufacturer. A manufacturer that offers the services of 37
63	63	diagnosis, maintenance, or repair of portable wireless devices 38
64	64	manufactured by the manufacturer or on the manufacturer's 39
65	65	behalf, or sold or otherwise suppl ied by the manufacturer, and 40
66	66	that does not do so exclusively through one or more arrangements 41
67	67	as described in this subsection with an unaffiliated individual 42
68	68	or business, is deemed to be an authorized repair provider of 43
69	69	portable wireless devices. 44
70	70	(2) "Documentation" means a manual, a diagram, a reporting 45
71	71	output, a service code description, a schematic, a security code 46
72	72	or a password, or any other information used in the diagnosis, 47
73	73	maintenance, or repair of portable wireless devices. 48
74	74	(3) "Fair and reasona ble terms," for purposes of obtaining 49
75	75	a part, a tool, or documentation, means costs and terms that are 50
76	76
77	77	HB 235 2025
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	equivalent to the most favorable costs and terms under which the 51
89	89	manufacturer offers the part, tool, or documentation to an 52
90	90	authorized repair provider , accounting for any discount, rebate, 53
91	91	convenient and timely means of delivery, means of enabling fully 54
92	92	restored and updated functionality, rights of use, or other 55
93	93	incentive or preference that the manufacturer offers to an 56
94	94	authorized repair provider or any ad ditional cost, burden, or 57
95	95	impediment that the manufacturer imposes on an owner or 58
96	96	independent repair provider. For documentation, including any 59
97	97	relevant updates, the term also means at no charge, except that, 60
98	98	when the documentation is requested in print fo rm, a charge may 61
99	99	be included for the reasonable actual costs of preparing and 62
100	100	mailing the documentation. 63
101	101	(4) "Independent repair provider" means an individual or a 64
102	102	business that does not have an arrangement with a manufacturer 65
103	103	as an authorized repair pro vider and that is not affiliated with 66
104	104	any other individual or business that has such an arrangement 67
105	105	with the manufacturer when that individual or business 68
106	106	diagnoses, maintains, or repairs portable wireless devices. The 69
107	107	term includes a manufacturer or an in dependent repair provider 70
108	108	that diagnoses, maintains, or repairs portable wireless devices 71
109	109	that are not manufactured by or on behalf of, or sold or 72
110	110	otherwise supplied by, the manufacturer. 73
111	111	(5) "Manufacturer" means an individual or a business that 74
112	112	sells, leases, or otherwise supplies new portable wireless 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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123	123
124	124
125	125	devices, or parts of new portable wireless devices, manufactured 76
126	126	by or on behalf of the individual or business to another 77
127	127	individual or business. 78
128	128	(6) "Owner" means an individual or a business that 79
129	129	lawfully acquires a portable wireless device purchased or used 80
130	130	in this state. 81
131	131	(7) "Part" means any replacement component made available 82
132	132	by or to a manufacturer for the purpose of maintaining or 83
133	133	repairing portable wireless devices manufactured by or on behalf 84
134	134	of, sold by, or otherwise supplied by the manufacturer. 85
135	135	(8) "Portable wireless device" means a product that 86
136	136	includes a battery, microphone, speaker, and display designed to 87
137	137	send and receive transmissions through a cellular radio -88
138	138	telephone service. 89
139	139	(9) "Tool" means any software program, hardware implement, 90
140	140	or other apparatus used for diagnosing, maintaining, or 91
141	141	repairing portable wireless devices, including software or other 92
142	142	mechanisms that program or repair a part, calibrate 93
143	143	functionality, or perform an y other function required to bring 94
144	144	portable wireless devices back to fully functional condition. 95
145	145	(10) "Trade secret" has the same meaning as in s. 688.002. 96
146	146	Section 4. Section 559.973, Florida Statutes, is created 97
147	147	to read: 98
148	148	559.973 Requirements. — 99
149	149	(1) A manufacturer must make available to an owner of a 100
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155	155	CODING: Words stricken are deletions; words underlined are additions.
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	portable wireless device, and to an independent repair provider 101
163	163	of such device, on fair and reasonable terms, documentation, 102
164	164	parts, and tools, inclusive of any updates, for diagnosing, 103
165	165	maintaining, or repairing such device. This subsection does not 104
166	166	require a manufacturer to provide a part that is no longer 105
167	167	available to the manufacturer. 106
168	168	(2) A manufacturer that sells diagnostic, service, or 107
169	169	repair information to an independent repair provider or any 108
170	170	other third-party provider in a format that is standardized with 109
171	171	other manufacturers, and in a manner and on terms and conditions 110
172	172	more favorable than the manner and terms and conditions pursuant 111
173	173	to which an authorized repair provider obtains the same 112
174	174	diagnostic, service, or repair information, may not require an 113
175	175	authorized repair provider to continue purchasing diagnostic, 114
176	176	service, or repair information in a proprietary format, unless 115
177	177	such proprietary format includes diagnostic, service, repair, or 116
178	178	dealership operations information or functionality that is not 117
179	179	available in such standardized format. 118
180	180	Section 5. Section 559.974, Florida Statutes, is created 119
181	181	to read: 120
182	182	559.974 Enforcement. — 121
183	183	(1)(a) An independent repair provider or owner who 122
184	184	believes that a manufacturer has failed to provide 123
185	185	documentation, parts, or tools for diagnosing, maintaining, or 124
186	186	repairing a portable wireless device, as required by this part, 125
187	187
188	188	HB 235 2025
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190	190
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192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb235-00
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197	197
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199	199	must notify the manufactur er, in writing, and give the 126
200	200	manufacturer 30 days following receipt of notice to cure the 127
201	201	failure. If the manufacturer responds to the notice and cures 128
202	202	the failure within the cure period, damages shall be limited to 129
203	203	actual damages in any subsequent litigat ion. 130
204	204	(b) If a manufacturer fails to respond to the notice 131
205	205	provided under paragraph (a), or if an independent repair 132
206	206	provider or owner is not satisfied with the manufacturer's cure, 133
207	207	the independent repair provider or owner may file a complaint in 134
208	208	the circuit court of the county in which the independent repair 135
209	209	provider has his, her, or its principal place of business or in 136
210	210	which the owner resides. The complaint shall include the 137
211	211	following: 138
212	212	1. Written information confirming that the independent 139
213	213	repair provider or owner has attempted to acquire and use, 140
214	214	through the then-available standard support function provided by 141
215	215	the manufacturer, relevant documentation, parts, and tools, 142
216	216	including communicating with customer assistance. 143
217	217	2. Evidence of manufacturer not ification as required by 144
218	218	paragraph (a). 145
219	219	(2) In addition to the remedy provided under subsection 146
220	220	(1), a violation of this part is a deceptive and unfair trade 147
221	221	practice under the Florida Deceptive and Unfair Trade Practices 148
222	222	Act. All remedies, penalties, an d authority granted to the 149
223	223	enforcing authority by that act are available for the 150
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225	225	HB 235 2025
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	enforcement of this part. 151
237	237	Section 6. Section 559.975, Florida Statutes, is created 152
238	238	to read: 153
239	239	559.975 Limitations. — 154
240	240	(1) This part does not require a manufacturer to divu lge a 155
241	241	trade secret, except as necessary to provide documentation, 156
242	242	parts, and tools on fair and reasonable terms. 157
243	243	(2) This part does not require a manufacturer or an 158
244	244	authorized repair provider to provide an owner or independent 159
245	245	repair provider access to n ondiagnostic and nonrepair 160
246	246	information provided by a manufacturer to an authorized repair 161
247	247	provider. 162
248	248	Section 7. Section 559.976, Florida Statutes, is created 163
249	249	to read: 164
250	250	559.976 Applicability. — 165
251	251	(1) This part applies to portable wireless devices sold or 166
252	252	in use on or after July 1, 2025. 167
253	253	(2) This part does not apply to portable wireless devices 168
254	254	approved by the United States Food and Drug Administration. 169
255	255	Section 8. This act shall take effect July 1, 2025. 170