THE BILL ITSELF
HB 1255
Portable Wireless Device Repair
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A bill to be entitled
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An act relating to portable wireless device repair;
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creating XIV of ch. 559, F.S., entitled "Digital Right
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to Repair"; creating s. 559.971, F.S.; providing a
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short title; creating s. 559.972, F.S.; providing
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definitions; creating s. 559.973, F.S.; requiring
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portable wireless device manufacturers to make certain
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items available to device owners and independent
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repair providers; prohibiting certain manufacturers
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from requiring authorized repair providers to continue
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purchasing certain information in a proprietary
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format; providing an exception; creating s. 559.974,
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F.S.; providing for enforcement; providing for
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damages; providing that a complaint may be filed in
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circuit court under certain circumstances; providing
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requirements for such complaint; providing that a
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violation is a deceptive and unfair trade practice;
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creating s. 559.975, F.S.; providing construction;
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creating s. 559.976, F.S.; providing applicability;
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creating s. 686.35, F.S.; providing definitions;
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requiring original equipment manufacturers of
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agricultural equipment to make certain diagnostic and
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repair information available for no charge and in a
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certain manner to independent repair providers and
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owners; prohibiting original equipment manufacturers
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from excluding certain information concerning
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security-related electronic functions; providing
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construction; providing civil liability; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Part XIV of chapter 559, Florida Statutes,
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consisting of ss. 559.971-559.976, Florida Statutes, is created
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and entitled "Digital Right to Repair."
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Section 2. Section 559.971, Florida Statutes, is created
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to read:
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559.971 Short title.—This part may be cited as the
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"Portable Wireless Device Repair Act." Section 3. Section 559.972, Florida Statutes, is created
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to read:
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559.972 Definitions.—As used in this part, the term:
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(1) "Authorized repair provider" means:
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(a) An individual or a business that is unaffiliated with
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the manufacturer and has an arrangement with the manufacturer
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under which the manufacturer grants to the individual or
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business a license to use a trade name, service mark, or other
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proprietary identifier for the diagnosis, maintenance, or repair
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of portable wireless devices under the name of the manufacturer,
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or any other arrangement with the manufacturer to offer services
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on behalf of the manufacturer; or
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(b) A manufacturer that offers the services of diagnosis,
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maintenance, or repair of portable wireless devices manufactured
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by the manufacturer or on the manufacturer's behalf, or sold or
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otherwise supplied by the manufacturer, and that does not do so
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exclusively through one or more arrangements as described in
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paragraph (a) with an unaffiliated individual or business.
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(2) "Documentation" means a manual, a diagram, a reporting
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output, a service code description, a schematic, a security code
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or a password, or any other information used in the diagnosis,
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maintenance, or repair of portable wireless devices.
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(3) "Fair and reasonable terms," for purposes of obtaining
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a part, a tool, or documentation, means costs and terms that are
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equivalent to the most favorable costs and terms under which the
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manufacturer offers the part, the tool, or the documentation to
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an authorized repair provider, accounting for any discount,
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rebate, convenient and timely means of delivery, means of
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enabling fully restored and updated functionality, rights of
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use, or other incentive or preference that the manufacturer
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offers to an authorized repair provider or any additional cost,
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burden, or impediment that the manufacturer imposes on an owner
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or independent repair provider. For documentation, including any
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relevant updates, the term also means at no charge, except that,
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when the documentation is requested in print form, a charge may
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be included for the reasonable actual costs of preparing and
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mailing the documentation.
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(4) "Independent repair provider" means an individual or a
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business that does not have an arrangement with a manufacturer
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as an authorized repair provider and that is not affiliated with
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any other individual or business that has such an arrangement
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with the manufacturer when that individual or business
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diagnoses, maintains, or repairs portable wireless devices. The
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term includes a manufacturer or an independent repair provider
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that diagnoses, maintains, or repairs portable wireless devices
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that are not manufactured by or on behalf of, or sold or
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otherwise supplied by, the manufacturer.
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(5) "Manufacturer" means an individual or a business that
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sells, leases, or otherwise supplies new portable wireless
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devices, or parts of new portable wireless devices, manufactured
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by or on behalf of the individual or business to another
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individual or business.
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(6) "Owner" means an individual or a business that
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lawfully acquires a portable wireless device purchased or used
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in this state.
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(7) "Part," unless the context clearly indicates
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otherwise, means any replacement component made available by or
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to a manufacturer for the purpose of maintaining or repairing
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portable wireless devices manufactured by or on behalf of, sold
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by, or otherwise supplied by the manufacturer.
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(8) "Portable wireless device" means a product that
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includes a battery, microphone, speaker, and display designed to
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send and receive transmissions through a cellular radio-
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telephone service.
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(9) "Tool" means any software program, hardware implement,
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or other apparatus used for diagnosing, maintaining, or
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repairing portable wireless devices, including software or other
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mechanisms that program or repair a part, calibrate
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functionality, or perform any other function required to bring
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portable wireless devices back to fully functional condition.
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(10) "Trade secret" has the same meaning as in s. 688.002.
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Section 4. Section 559.973, Florida Statutes, is created
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to read:
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559.973 Requirements.—
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(1) A manufacturer must make available to an owner of a
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portable wireless device, and to an independent repair provider
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of such device, on fair and reasonable terms, documentation,
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parts, and tools, inclusive of any updates, for diagnosing,
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maintaining, or repairing such device. This subsection does not
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require a manufacturer to provide a part that is no longer
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available to the manufacturer.
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(2) A manufacturer that sells diagnostic, service, or
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repair information to an independent repair provider or any
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other third-party provider in a format that is standardized with
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other manufacturers, and in a manner and on terms and conditions
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more favorable than the manner and terms and conditions pursuant
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to which an authorized repair provider obtains the same
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diagnostic, service, or repair information, may not require an
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authorized repair provider to continue purchasing diagnostic,
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service, or repair information in a proprietary format, unless
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such proprietary format includes diagnostic, service, repair, or
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dealership operations information or functionality that is not
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available in such standardized format.
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Section 5. Section 559.974, Florida Statutes, is created
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to read:
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559.974 Enforcement.—
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(1)(a) An independent repair provider or owner who
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believes that a manufacturer has failed to provide
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documentation, parts, or tools for diagnosing, maintaining, or
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repairing a portable wireless device, as required by this part,
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must notify the manufacturer in writing and give the
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manufacturer 30 days following receipt of notice to cure the
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failure. If the manufacturer responds to the notice and cures
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the failure within the cure period, damages are limited to
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actual damages in any subsequent litigation.
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(b) If a manufacturer fails to respond to the notice
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provided under paragraph (a), or if an independent repair
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provider or owner is not satisfied with the manufacturer's cure,
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the independent repair provider or owner may file a complaint in
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the circuit court of the county in which the independent repair
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provider has his, her, or its principal place of business or in
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which the owner resides. The complaint must include the
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following:
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1. Written information confirming that the independent
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repair provider or owner has attempted to acquire and use,
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through the then-available standard support function provided by
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the manufacturer, relevant documentation, parts, and tools,
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including communicating with customer assistance.
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2. Evidence of manufacturer notification as required by
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paragraph (a).
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(2) In addition to the remedy provided under subsection
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(1), a violation of this part is a deceptive and unfair trade
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practice under the Florida Deceptive and Unfair Trade Practices
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Act. All remedies, penalties, and authority granted to the
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enforcing authority by that act are available for the
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enforcement of this part.
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Section 6. Section 559.975, Florida Statutes, is created
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to read:
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559.975 Limitations.—
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(1) This part does not require a manufacturer to divulge a
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trade secret, except as necessary to provide documentation,
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parts, and tools on fair and reasonable terms.
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(2) This part does not require a manufacturer or an
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authorized repair provider to provide an owner or independent
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repair provider access to nondiagnostic and nonrepair
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information provided by a manufacturer to an authorized repair
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provider.
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Section 7. Section 559.976, Florida Statutes, is created
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to read:
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559.976 Applicability.—
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(1) This part applies to portable wireless devices sold or
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in use on or after July 1, 2026.
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(2) This part does not apply to portable wireless devices
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approved by the United States Food and Drug Administration,
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security or life-safety systems and devices, or manufacturers of
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security or life-safety systems and devices.
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Section 8. Section 686.35, Florida Statutes, is created to
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read:
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686.35 Agricultural Equipment Fair Repair Act.—
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(1) As used in this section, the term:
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(a) "Authorized repair provider" means an individual or
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business that has an arrangement for a definite or indefinite
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period in which an original equipment manufacturer grants to a
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separate individual or entity a license to use a trade name,
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service mark, or related characteristic for the purpose of
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offering repair services under the name of the original
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equipment manufacturer.
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(b) "Embedded software" means any programmable
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instructions provided on firmware delivered with equipment for
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the purpose of equipment operation, including all relevant
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patches and fixes made by the original equipment manufacturer
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for this purpose. The term includes, but is not limited to, a
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basic internal operating system, an internal operating system, a
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machine code, an assembly code, a robot code, or a microcode. As
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used in this paragraph, the term "firmware" means a software
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program or set of instructions programmed on a hardware device
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to allow the device to communicate with other computer hardware.
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(c) "Equipment" means digital electronic equipment, or a
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part for such equipment, which is originally manufactured for
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farm equipment, including combines, tractors, implements, self-
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propelled equipment, and related attachments and implements, and
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which is manufactured for distribution and sale in this state,
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but excluding all-terrain vehicles, off-highway motorcycles, and
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recreational off-highway vehicles. As used in this paragraph,
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the term "part" means a replacement part, either new or used,
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which the original equipment manufacturer makes available to the
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authorized repair provider for the purpose of effecting repair.
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(d) "Independent repair provider" means an individual or
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business operating in this state which is not affiliated with an
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original equipment manufacturer or an original equipment
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manufacturer's authorized repair provider and which is engaged
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in the diagnosis, service, maintenance, or repair of equipment.
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However, an original equipment manufacturer meets the definition
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of an independent repair provider if such original equipment
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manufacturer engages in the diagnosis, service, maintenance, or
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repair of equipment that is not affiliated with the original
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equipment manufacturer.
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(e) "Original equipment manufacturer" means an individual
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or business that, in the ordinary course of business, is engaged
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in the selling or leasing of new equipment to an individual or
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business and is engaged in the diagnosis, service, maintenance,
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or repair of such equipment.
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(f) "Owner" means an individual or business that owns or
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leases a digital electronic product purchased or used in this
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state.
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(g) "Trade secret" means anything, whether tangible or
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intangible or electronically stored or kept, which constitutes,
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represents, evidences, or records intellectual property,
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including secret or confidentially held designs, processes,
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procedures, formulas, inventions, or improvements or secret or
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confidentially held scientific, technical, merchandising,
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production, financial, business, or management information. The
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term also includes any other trade secret as defined in 18
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U.S.C. s. 1839.
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(2) For equipment sold and used in this state, the
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original equipment manufacturer shall make available diagnostic
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and repair information, including repair technical updates and
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corrections to embedded software, to any independent repair
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provider or owner of equipment manufactured by such original
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equipment manufacturer. The information must be made available
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for no charge or must be provided in the same manner as the
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original equipment manufacturer makes such diagnostic and
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nonrepair information available to an authorized repair
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provider. Thereafter, the original equipment manufacturer is not
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responsible for the content and functionality of such
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aftermarket diagnostic tools, diagnostics, or service
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information systems.
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(3) Original equipment manufactured by the original
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equipment manufacturer which is sold or used in this state to
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provide security-related functions may not exclude from
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information provided to an owner or an independent repair
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provider any diagnostic, service, and repair information
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necessary to reset a security-related electronic function. If
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such information is excluded under this section, the information
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necessary to reset an immobilizer system or a security-related
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electronic module must be obtainable by an owner or an
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independent repair provider through the appropriate secure data
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release system.
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(4) This section may not be construed to do any of the
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following:
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(a) Require an original equipment manufacturer to divulge
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a trade secret.
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(b) Abrogate, interfere with, contradict, or alter the
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terms of an agreement executed and in force between an
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authorized repair provider and an original equipment
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manufacturer, including, but not limited to, the performance or
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provision of warranty or recall repair work by an authorized
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repair provider on behalf of an original equipment manufacturer
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pursuant to such authorized repair agreement, except that any
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provision in such authorized repair agreement which purports to
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waive, avoid, restrict, or limit an original equipment
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manufacturer's compliance with this section is void and
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unenforceable.
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(c) Require original equipment manufacturers or authorized
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repair providers to provide an owner or an independent repair
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provider access to nondiagnostic and nonrepair information
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provided by an original equipment manufacturer to an authorized
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repair provider pursuant to the terms of an authorized repair
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agreement.
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(5) An original equipment manufacturer found in violation
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of this section is liable for a civil penalty of not more than
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$500 for each violation.
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Section 9. This act shall take effect July 1, 2026.