Florida 2025 Regular Session

Florida House Bill H0311 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	HB 311 2025
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb311-00
9	9	Page 1 of 7
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
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to repair of motorized wheelchairs; 2
16	16	providing a directive to the Division of Law Revision; 3
17	17	creating s. 559.971, F.S.; providing a short title; 4
18	18	creating s. 559.972, F.S.; providing definitions; 5
19	19	creating s. 559.973, F.S.; requiring an origina l 6
20	20	equipment manufacturer to make available any 7
21	21	documentation, parts, and tools, required for the 8
22	22	diagnosis, maintenance, or repair of a motorized 9
23	23	wheelchair and parts for the motorized wheelchair; 10
24	24	requiring an original equipment manufacturer of a 11
25	25	motorized wheelchair with an electronic security lock 12
26	26	to make available any special documentation, parts, 13
27	27	and tools, needed to access and reset the lock when 14
28	28	disabled in the course of diagnosis, maintenance, or 15
29	29	repair of the motorized wheelchair; creating s. 16
30	30	559.974, F.S.; providing that violation of the act is 17
31	31	an unlawful practice under the Florida Deceptive and 18
32	32	Unfair Trade Practices Act; creating s. 559.975, F.S.; 19
33	33	providing that an original equipment manufacturer is 20
34	34	not required to divulge trade secrets; providin g that 21
35	35	nothing in the act alters the terms of an arrangement 22
36	36	between an authorized repair provider and an original 23
37	37	equipment manufacturer; providing an exception; 24
38	38	limiting the liability of an original equipment 25
39	39
40	40	HB 311 2025
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb311-00
46	46	Page 2 of 7
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
48	48
49	49
50	50
51	51	manufacturer or authorized repair provider in certain 26
52	52	circumstances; creating s. 559.976, F.S.; providing 27
53	53	applicability; providing an effective date. 28
54	54	29
55	55	Be It Enacted by the Legislature of the State of Florida: 30
56	56	31
57	57	Section 1. Part XIV of chapter 559, Florida Statutes, 32
58	58	consisting of ss. 559.971 -559.976, is created and entitled 33
59	59	"Repair of Motorized Wheelchairs." 34
60	60	Section 2. Section 559.971, Florida Statutes, is created 35
61	61	to read: 36
62	62	559.971 Short title. -This part may be cited as the 37
63	63	"Motorized Wheelchair Right to Repair Act." 38
64	64	Section 3. Section 5 59.972, Florida Statutes, is created 39
65	65	to read: 40
66	66	559.972 Definitions. -As used in this part, the term: 41
67	67	(1) "Authorized repair provider" means an individual or a 42
68	68	business that has an arrangement with the original equipment 43
69	69	manufacturer under which the origi nal equipment manufacturer 44
70	70	grants to the individual or business a license to use a trade 45
71	71	name, service mark, or other proprietary identifier for the 46
72	72	purposes of offering the services of diagnosis, maintenance, or 47
73	73	repair of a motorized wheelchair under the name of the original 48
74	74	equipment manufacturer, or other arrangement with the original 49
75	75	equipment manufacturer to offer such services on behalf of the 50
76	76
77	77	HB 311 2025
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb311-00
83	83	Page 3 of 7
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
85	85
86	86
87	87
88	88	original equipment manufacturer. An original equipment 51
89	89	manufacturer that offers the services of diagnosis, ma intenance, 52
90	90	or repair of its own motorized wheelchair, and that does not 53
91	91	have an arrangement with an unaffiliated individual or business, 54
92	92	must be considered an authorized repair provider with respect to 55
93	93	motorized wheelchairs. 56
94	94	(2) "Documentation" means any manual, diagram, reporting 57
95	95	output, service code description, schematic diagram, security 58
96	96	codes, passwords, or other guidance or information used in 59
97	97	effecting the services of diagnosis, maintenance, or repair of a 60
98	98	motorized wheelchair. 61
99	99	(3) "Fair and reasonable terms" means making available 62
100	100	parts, tools, or documentation as follows: 63
101	101	(a) Documentation made available by the original equipment 64
102	102	manufacturer at no charge, except that, when a physical copy is 65
103	103	requested, a charge may be included for the reasona ble actual 66
104	104	costs of preparing and sending the copy. 67
105	105	(b) Tools made available by the original equipment 68
106	106	manufacturer at no charge and without requiring authorization or 69
107	107	Internet access for use or operation of the tools; without 70
108	108	imposing impediments to acc ess or use the tools to diagnose, 71
109	109	maintain, or repair and enable full functionality of digital 72
110	110	electronic equipment; and not in a manner that impairs the 73
111	111	efficient and cost-effective performance of any such diagnosis, 74
112	112	maintenance, or repair, except that, w hen the tool is requested 75
113	113
114	114	HB 311 2025
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb311-00
120	120	Page 4 of 7
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
122	122
123	123
124	124
125	125	in physical form, a charge may be included for the reasonable, 76
126	126	actual costs of preparing and sending the tool. 77
127	127	(c) Parts made available by the original equipment 78
128	128	manufacturer, either directly or through an authorized repair 79
129	129	provider, to independent repair providers and owners at costs 80
130	130	and terms that are equivalent to the most favorable costs and 81
131	131	terms under which an original equipment manufacturer offers the 82
132	132	parts to an authorized repair provider and that: 83
133	133	1. Accounts for any d iscount, rebate, convenient and 84
134	134	timely means of delivery, means of enabling fully restored and 85
135	135	updated functionality, rights of use, or other incentive and 86
136	136	preference the original manufacturer offers to an authorized 87
137	137	repair provider; or any additional cost or impediment the 88
138	138	original equipment manufacturer imposes on an owner or 89
139	139	independent repair provider. 90
140	140	2. Is not conditioned upon or does not impose a 91
141	141	substantial obligation or restriction that is not reasonably 92
142	142	necessary for enabling the owner or independent repair provider 93
143	143	to engage in the diagnosis, maintenance, or repair of equipment 94
144	144	made by or on behalf of the original equipment manufacturer. 95
145	145	3. Is not conditioned upon an arrangement with the 96
146	146	original equipment manufacturer. 97
147	147	(4) "Independent repair provider" means an individual or 98
148	148	business operating in this state which is unaffiliated with an 99
149	149	original equipment manufacturer that is engaged in the services 100
150	150
151	151	HB 311 2025
152	152
153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb311-00
157	157	Page 5 of 7
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
159	159
160	160
161	161
162	162	of diagnosis, maintenance, or repair of motorized wheelchairs. 101
163	163	(5) "Original equipmen t manufacturer" means a business 102
164	164	engaged in selling, leasing, or supplying new motorized 103
165	165	wheelchairs manufactured by, or on behalf of, the business to 104
166	166	any individual or business. 105
167	167	(6) "Owner" means an individual or business that owns or 106
168	168	leases a motorized wheelchair purchased or used in this state. 107
169	169	(7) "Part" means any replacement part, either new or used, 108
170	170	made available by an original equipment manufacturer for 109
171	171	purposes of effecting the services of maintenance or repair of a 110
172	172	motorized wheelchair manufa ctured by or on behalf of, sold, or 111
173	173	otherwise supplied by the original equipment manufacturer. 112
174	174	(8) "Tools" means any software, hardware, or other 113
175	175	apparatus used for the diagnosis, maintenance, or repair of a 114
176	176	motorized wheelchair, including software or ot her mechanisms 115
177	177	that program a new part, calibrate functionality, or perform any 116
178	178	other function required to return the wheelchair to fully 117
179	179	functional condition, including any updates. 118
180	180	(9) "Trade secret" has the same meaning as in s. 688.002. 119
181	181	Section 4. Section 559.973, Florida Statutes, is created 120
182	182	to read: 121
183	183	559.973 Requirements. - 122
184	184	(1) For motorized wheelchairs and parts for motorized 123
185	185	wheelchairs that are sold or used in this state, an original 124
186	186	equipment manufacturer must make available to any indepe ndent 125
187	187
188	188	HB 311 2025
189	189
190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb311-00
194	194	Page 6 of 7
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
196	196
197	197
198	198
199	199	repair provider and owner by, on behalf of, or sold by such 126
200	200	original equipment manufacturer, on fair and reasonable terms, 127
201	201	any documentation, parts, and tools, required for the diagnosis, 128
202	202	maintenance, or repair of such a motorized wheelchair and part s 129
203	203	for the motorized wheelchair, inclusive of any updates to 130
204	204	information. The documentation parts and tools must be made 131
205	205	available either directly by the original equipment manufacturer 132
206	206	or via an authorized repair provider. 133
207	207	(2) For equipment that contains an electronic security 134
208	208	lock or other security -related function, the original equipment 135
209	209	manufacturer must make available to an owner and independent 136
210	210	repair provider, on fair and reasonable terms, any special 137
211	211	documentation, tools, and parts needed to access and reset the 138
212	212	lock or function when disabled in the course of diagnosis, 139
213	213	maintenance, or repair of the motorized wheelchair. The 140
214	214	documentation, tools, and parts may be made available through 141
215	215	appropriate secure release systems. 142
216	216	Section 5. Section 559.9 74, Florida Statutes, is created 143
217	217	to read: 144
218	218	559.974 Enforcement. -A violation of this part is 145
219	219	punishable under the Florida Deceptive and Unfair Trade 146
220	220	Practices Act. 147
221	221	Section 6. Section 559.975, Florida Statutes, is created 148
222	222	to read: 149
223	223	559.975 Limitations. - 150
224	224
225	225	HB 311 2025
226	226
227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb311-00
231	231	Page 7 of 7
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
233	233
234	234
235	235
236	236	(1) This part does not require an original equipment 151
237	237	manufacturer to divulge a trade secret to an owner or 152
238	238	independent service provider. 153
239	239	(2) This part does not alter the terms of an arrangement 154
240	240	between an authorized repair provider and an original equipment 155
241	241	manufacturer, including, but not limited to, the performance or 156
242	242	provision of warranty or recall repair work by an authorized 157
243	243	repair provider on behalf of an original equipment manufacturer 158
244	244	and pursuant to such arrangement. However, any provision in the 159
245	245	terms that waives, avoids, restricts, or limits the original 160
246	246	equipment manufacturer's obligations to comply with this part is 161
247	247	void. 162
248	248	(3) An original equipment manufacturer or authorized 163
249	249	repair provider is not liable for any damage or injury caused to 164
250	250	a motorized wheelchair by an independent repair provider or 165
251	251	owner that occurs during the course of repair, diagnosis, or 166
252	252	maintenance. 167
253	253	Section 7. Section 559.976 , Florida Statutes, is created 168
254	254	to read: 169
255	255	559.976 Applicability. -This part applies with respect to 170
256	256	motorized wheelchairs sold or in use on or after July 1, 2025. 171
257	257	Section 8. This act shall take effect July 1, 2025. 172